The moral economy of pretrial justice: Formal and informal punishments of female defendants in Colombian courts

Abstract

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.