Structuration Theory and Wrongful Imprisonment: From ‘Victimhood’ to ‘Survivorship’?

摘要

Building on existing research from a zemiological approach, this article seeks to contribute to a more ontological understanding of the production and reproduction of harms associated with wrongful imprisonment in England and Wales. Drawing from Anthony Giddens’s theory of structuration, it is argued that whilst the harms of wrongful imprisonment are both complex and devastating, victims need not be perceived as entirely passive. Rather, victims of wrongful imprisonment can be viewed as knowledgeable agents with the intrinsic capacity and agency to strategically cope with and even survive the harms that they experience. The article concludes with personal accounts by victims of wrongful imprisonment that form an identifiable ‘survivor’ discourse to highlight some of the key critical factors that are vital in helping victims of wrongful imprisonment to re-structure their lives after release.