Introduction
Judicial demeanour and court architecture are fundamental aspects of criminal procedure. In observing judicial demeanour, two demeanours were displayed: detachment and engagement. Although emphasise must be placed on detachment in order to maintain formal institutional legitimacy, value must also be placed on engagement, which reinforces the fair treatment notion of legitimacy. Thus, this paper argues that a hybrid of these judicial demeanours, intertwined with the core legal value of impartiality is required to legitimately exercise judicial authority. Furthermore, this paper argues that the spatial dimensions of the courtroom are a significant part of its communicative context. These spatial dimensions ranged from promoting a
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Design philosophy, indicates that court architecture should provide a ‘welcoming presence’, which indicates ‘openness and accessibility.’ Thus, the purpose of court design is to communicate the significance of the rule of law, but not to intimidate. However it is palpable that in many cases, courtroom structure serves as a method of ‘reinforcing authority and hierarchy.’ The magistrate remained at a raised bench at the end of the courtroom and highly visible. Any documents handed to the magistrate were provided through the clerk. Lawyers and other participants stood when addressing or when spoken to by the magistrate. Formal courtesy, and the ideology of justice were played up in the elaborate courtrooms, dress and rigid rules of ceremony. These structures and formalities all served to emphasise the literal and metaphoric separation between the magistrate and other participants, especially the …show more content…
Courtroom architecture and procedure in the District Court highlights a clear subordination between different parties. Unlike the ‘flattened’ nature of the Local Courts architecture, the judge seemed to be positioned high above the rest of the room, implicitly inserting an ‘entitlement of public authority to be obeyed.’ This alienated people ‘lower’ in the courtroom hierarchy. This was particularly evident in R v El Hares. In this case the defendant, unable to speak fluent English, was placed in the dock approximately ten meters from the judge and isolated from his legal representation. Due to this distance and the English deficiencies of the defendant, he talked to the Judge via his lawyer. Thus courtroom architecture resulted in the defendant being isolated, dehumanised and neglected as a part of their court experience. This architectural aspect served to emphasize the literal and metaphoric separation between the magistrate and the defendant. The spatial dimensions of the District Court created a power dynamic that the public is submissive to the judge. This defied themes and expectations for courtroom
Returning to the judicial world of the Bronx Family Court as a judge, after years of working in administration, Judge Richard Ross is astonished to find a distinctly more disjointed situation than the one he left. As he attempts to live out his life as “both the fact finder and arbiter of the law” it is clear the current judicial system does not serve him well (xv). Judge Ross conveys to the reader the fundamental issues of the Family Court system through his day to day happenings which range from endless caseloads to death threats. The use of personal experience is effective in adding credibility to more clearly convey his point that not only the Judges, but the case workers, 18-B attorneys, and various legal aides are overworked to a point
“Corruption is like a ball of snow, once it’s set a rolling it must increase (Charles Caleb Colton).” Colton describes that once corruption has begun, it is difficult to stop. Corruption has existed in this country, let alone this very planet, since the beginning of time. With corruption involves: money, power, and favoritism. Many people argue today that racism is still a major problem to overcome in today’s legal system. American author (and local Chicago resident) Steve Bogira jumps into the center of the United States justice system and tells the story of what happens in a typical year for the Cook Country Criminal Courthouse, which has been noted as one of the most hectic and busiest felony courthouses in the entire country. After getting permission from one of the courthouse judges’ (Judge Locallo) he was allowed to venture in and get eyewitness accounts of what the American Legal System is and how it operates. Not only did he get access to the courtroom but: Locallo’s chambers, staff, even his own home. In this book we get to read first hand account of how America handles issues like: how money and power play in the court, the favoritism towards certain ethnic groups, and the façade that has to be put on by both the defendants and Cook County Workers,
a relationship to the courtroom and his cell, but also connected to the geographical setting of the
In this essay I am going to discuss the magistrates and the crown court, and their function within the court hierarchy. The crown court is seen to deal with more serious offences referred to as indictable offences, which carry a higher sentence. Whereas the magistrates court deals with summary offences, carrying a lesser sentence than other courts in its division. Both courts are part of the criminal justice system, and deal with disputes between individuals and the state.
Courtroom experiences between 1200 and 1535 varied greatly. By the thirteenth century much has begun to evolve in the judicial process with the division of courts and evolving ideas about justice. Judges and juries appear to be somewhat evenhanded, and in cases in which one party felt wronged they could file an appeal. One can see myriad influences from the early legal codes like those found in the early Anglo Saxon records, especially within the legal concept of trespass. Trespass is one issue which seems problematic. Trespass, a concept which was quite broad looks to have excluded the addressing of any criminal elements involved in the cases. The courtroom experience of the of the law courts of England circa 1300-1535 was a simplified,
Throughout history there have always been issues concerning judicial courts and proceedings: issues that include everything from the new democracy of Athens, Greece, to the controversial verdict in the Casey Anthony trial as well as the Trayvon Martin trial. One of the more recent and ever changing issues revolves around cameras being allowed and used inside courtrooms. It was stated in the Handbook of Court Administration and Management by Stephen W. Hays and Cole Blease Graham, Jr. that “the question of whether or not to allow cameras in American courtrooms has been debated for nearly fifty years by scholars, media representatives, concerned citizens, and others involved in the criminal justice system.” The negatives that can be attached to the presence of cameras inside a courtroom are just as present, if not more present, than the positives that go hand-in-hand with the presence of cameras.
The hierarchy of the court is made in a way that screams power. The judge would take the high seat in the court. This is illustrative of God. The judge has a position of true power; he is seated at the top of the court, looking down on everyone. This alone suggests that the judge believes he is above the working class. It shows his power and authority from his position alone. The intimidation of looking up to someone and answering all his questions will, again reinforce their place in society. Thus, power and authority is maintained through the structure of the court. It is a simple reminder that the working class are not above the law – the law being the ones who make it, the ruling
The courtroom is a ritualised space, involving costume, language, spatial organisation and so on, and courts, therefore, constitute performative exercises of power. Discuss some of the ways in which courts demonstrate power and/or power relations.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness for the Prosecution” was the use of the adversary system. Both sides of the adversary system were flawlessly protrayed when the prosecution and defense squared off in the courtroom.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
With in this courtroom observation paper I will form two articles and classroom knowledge to show the relevance they play within courts today. First, local legal culture, in "court culture" concept is based on dimensions of solidarity and sociability, the intersections of which create four cultures with associated case management types: hierarchical culture (rule-oriented case management); networked culture (judicial consensus); autonomous culture (self-managing); and communal (flexible case management). The second being, court guidelines and the sentencing structure, how’s it work, and why out comes different areas that defer from Kalamazoo and Southwest Michigan as a hole.
the study takes place may have more of an effect on child Ps than we
The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. Different courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberate, and come up with a judgment on it. The criminal case is different from the civil cases, especially when it comes to the court layout. In this essay, I will explain how I experienced a courtroom visit and the important issues are learnt from the visit.
The Selection, Training and Role of Magistrates in the English Legal System Lay magistrates are unqualified, part-time and unpaid profesionals who are chosen to serve in the magistrates court, yet they deal with the vast majority of cases in the legal system. They do not hear cases on their own but sit as a bench or panel of two or three other magistrates. The use of such unqualified people to judge cases is open to criticism. Magistrates sit in a magistrates court, usually in a bench of three.