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.
The courtroom is a ritualised space in which many features are effectively manipulated to demonstrate the states power over the individual. It is because of such displays of power that the courtroom is commonly identified as a place of justice where social order is upheld. Upon observing civil courtrooms 5.1 and 5.6 it was clear that the architecture and spatial organisation of the room plays a significant role in displaying the various power relations between the courtroom actors. Interior features such as structural elevation, spatial organisation, lighting, entrances and design effectively highlight power disparities. Furthermore language was a vital factor in the determination of one’s status within the courtroom. Differentiations of power were evident through the use of legal terminology, the contrast of formal language and colloquialism, and the manipulation of rhetoric in cross-examinations.
The architecture of the courtroom establishes clear power disparities within the courtroom setting. The physical dimensions of Courtroom 5.1 were organised in such a way that the hierarchal nature of the court is visually clear from the moment you step into the room. The stratification of power amongst the courtroom actors is displayed through the ‘structural elevation’ of the seating (Carlen, 1976, pp. 50). The magistrate is seated at the uppermost level at the bench facing the defendant, solicitors and public gallery. This particular positioning demonstrates pre-eminence which allows com...
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... witness. Therefore it was found through my observations of the civil courts that the courtroom is very much a ritualised environment in which there are considerable power disparities.
References
Carlen, P. 1976. The staging of magistrate's justice. British Journal of Criminology. 16(1): 48-55.
Smith, P. and Natalier, K. 2005. Understanding Criminal Justice: Sociological Perspectives. London: Sage.
Findlaw.com.au. 2014. Obtaining dismissal under Section 10. [online] Available at: http://www.findlaw.com.au/articles/4582/obtaining-dismissal-under-section-10.aspx [Accessed: 3 Apr 2014].
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
“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,
pleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual
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
judges are sitting in front of the podium. They seat the accused in between the two front
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
a relationship to the courtroom and his cell, but also connected to the geographical setting of the
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal Courts: Structure, process, and
For my court ethnography I observed plea, bail, and family court in the city of Milton. However, it was called the Ontario superior court of justice. When I first entered a court it looked exactly like what I had seen in movies. The court setup, the vernacular used, and the customs of the court employees were exactly like what mainstream media has displayed to the public over the years. Entering the court, symbols of justice were exhibited everywhere in the courtroom. In the courtroom all kinds of cases were occurring, and people from all types of backgrounds were involved. Observing the inner workings of our justice system gave me invaluable insight on how law and order is preserved in our society. Furthermore, I also got to witness the specific
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.
“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 performance of the one witness I saw, which was a police officer, was strong. He was well-kept in a suit and answered the
Farther down the hall I hear voices. The general court is in session. Inside the
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
Symbols play a role in demonstrating the lack of balance within Kafka’s system. Josef K meets with Titorelli, the painter who holds strong influence, and Titorelli remarks that, “Justice needs to remain still, otherwise the scales will move about and it won’t be possible to make a just verdict” (187). This statement refers to the symbolic scales of justice within a painting and further demonstrates the unjust nature of the court. Justice cannot be a still concept, it must evolve and take into account the specific time and space it exists within. In modern legal systems create this through the usage of mitigating factors, jury trials, and the leniency judges are afforded. However, Kafka’s system is intended to be the opposite, a man made creation of total justice that is beyond the reach of the accused. Such a court system is perverse in interpretation of the law and unjust. Moreover, symbols build on the strength of the court and the totality of power judges are afforded. In discussing another painting Josef asks, “‘That is a judge sitting on a judge’s chair isn’t it?’ ‘Yes, but that judge isn’t very high up and he’s never sat on any throne like that, he’s sitting like the president of the court’” (187). Judges within the court system depict themselves as entitled and powerful. When coupled with a lack of public oversight, the totality of