Back to Search Start Over

Administering harm: the treatment of trans people in Australian criminal courts.

Authors :
Genovese, Emma
Source :
Current Issues in Criminal Justice; May2024, Vol. 36 Issue 2, p177-196, 20p
Publication Year :
2024

Abstract

In this paper, I argue that the administration of the criminal law by Australian courts causes harm to trans people that compounds with that already experienced. Specifically, court staff and judicial officers can maintain harm when they engage with court forms and provide judicial judgments: court forms that limit descriptions of sex/gender prevent self-identification and increase the potential for misgendering; further, judicial judgments often disregard, dismiss or deny the experiences of trans people through including inappropriate gendered terminology, deadnames and other problematic expressions. I conclude by highlighting three transformations that may disrupt these harms through allowing court staff and judicial officers to become aware of how they perpetuate harm against trans people. These transformations include reviewing and amending forms, educating and training staff and implementing additional supports. Importantly, to effectively disrupt harm, any transformation must be informed, and led, by trans people with lived, intersectional, experiences. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
10345329
Volume :
36
Issue :
2
Database :
Supplemental Index
Journal :
Current Issues in Criminal Justice
Publication Type :
Academic Journal
Accession number :
177457580
Full Text :
https://doi.org/10.1080/10345329.2023.2231112