The moral economy of pretrial justice

Formal and informal punishments of female defendants in Colombian courts

Bibliographic Data

ID12586465
AuthorsLorena Avila (0009-0009-8119-5850, Villanova University, corresponding author), Andres F Rengifo (0000-0003-3345-5055, School of Criminal Justice at Rutgers University–Newark, USA)
Year2025
Publication date2025-07-31
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTheoretical Criminology (JOURNAL)
Journal identifiersISSN: 1362-4806 • E-ISSN: 1461-7439
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1177/13624806251353465
OpenAlexW4412779252
LanguageEN
References cited62

We examine pretrial decisions by judges and the broader process of case review during open hearings in two courts in Colombia. We theorize these displays of authority as reflective of interrelated formal and informal punishments and argue that they constitute a gendered “moral economy” in which courtroom actors produce and circulate situated meanings recasting female defendants through dominant stereotypes of vice and virtue. To illustrate these microdynamics of subject creation, we draw on a mixed-methods design that combines the observation of case hearings with fieldwork journals. Although our statistical models show limited evidence of gender bias in pretrial detention decisions, our qualitative observations identify specific frames used to judge (and condemn) women in custody. The deployment of informal punishments gives cohesion to the court workgroup and amplifies its role as gatekeeper of a male-centered social order rooted in colonial legacies

Criminology · Economic Justice · Moral economy · Political science · Politics · Sociology · Criminal Justice and Corrections Analysis · Judicial and Constitutional Studies · Law · Sexual Assault and Victimization Studies