The courtroom is very much a ritualised space. Many elements are based on customs and traditions that are expected to be followed. The courtroom is also very much a place which involves the use of power and power relations. As observed in the courtroom, power is the ability to influence or direct others in their behaviour or the ability to act or perform in a way different to others. In many cases, the power that was observed could be thought of as authority. That is, legitimate use of power that is used with consent for example, power that has been given through professional qualifications. The use of power in the courtroom is particularly evident through the courtroom actors and this includes relationships between actors who may or may not have as much power; the way in which the courtroom actors dress as well as the language used by various courtroom actors. Power is also demonstrated in the courtroom architecture and spatial organisation. Both of these areas will be discussed below to demonstrate power in the courts.
The courtroom actors are crucial to a discussion of ritualised power and power relations in the court as they are specific individuals who hold great amounts of power. As Carlen (1976:54) points out, it is the people who work at the place in question that hold the most power and control over its rules and procedures in comparison to those who are merely visiting. In this case it is the judicial personnel, lawyers and judges that exercise more power over people such as the defendants and witnesses. This is specifically an example of ritualised power since it has been this way for an extended period of time. When one observes a courtroom a hierarchy is evident that not only differentiates between those with and w...
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...ourt, were physically the highest individual in the courtroom.
Particularly in the district court, there is a small barrier between the public gallery and the rest of the courtroom. This could be seen as dividing those with and without power. That is, the judge and lawyers from the public and non-judicial personnel. Similarly, the defendant and the witness who is being questioned sit slightly away from others in the courtroom and this could also be seen as isolating those without power to create an even greater sense of powerlessness.
As observed, local court architecture is quite simple. It is not overly elaborate and as a result, it does not automatically show its power to those who occupy it. The lack of intricate and complex architecture and detail allows for less distance between the courts and the judiciary personnel and the ordinary people who come before th
Power. It is defined as the capacity or ability to direct or influence the behavior of others or the course of events. Throughout time, certain individuals have acquired power in their society as a way to govern and keep order among their community. Power is not a new concept; it was used in the past by many emperors, kings, and queens, and is still being used by presidents, prime ministers, and dictators. Although, it has been used to further progress societies into what the world is like today, not all power has been used for the best of mankind. But what goes awry to make power turn corrupt? In William Shakespeare's Hamlet, it is illustrated how power can turn corrupt, when authoritative figures, who possess power, abuse it for their personal gain, rather than for the common good of the society.
“But alas! This is kind heart but had but a short time remain such. The fatal poison of irresponsible power was already in her hands, and soon commenced its infernal work. That cheerful eye, under the influences of slavery, soon became red with rage, that voice, made all of sweet accord, changed to one of harsh and horrid discord, and that angelic face gave place to that of a demon.” (Douglas 19) This is how Frederick Douglas describes the change in his former mistress, Sophia Auld, as slavery corrupted her whole way of life. From this excerpt we can see that people can change profoundly for the negative. The question is what could possess one to change so radically when given power over another human being.
American author, John Steinbeck once said, “Power does not corrupt. Fear corrupts - perhaps the fear of loss of power”. As seen in Arthur Miller’s The Crucible, people of authority can feel pressured to go along with actions or make decisions they know are wrong because they fear losing their power and influence in society. They also tend to let to their opinions and motives impact their work and responsibility to make good decisions. The Crucible demonstrates how people of authority, like Parris and Danforth, try to use good judgement to make fair decisions, but are often influenced by their own personal opinions whether they realize it or not.
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.
A courtroom workgroup is an informal agreement between the criminal prosecutor, defense attorney and the judge or judicial officer. The courtroom workgroup was introduced in 1977 by Eisenstein and Jacobs. Their idea was to explain their observation on how courts and lower level courts made their decisions on cases. Since the courtroom workgroup, drifted from the general public’s agreement of how justices worked. The workgroup has developed a set of accepted standards to continue its work and make daily life easier for its participants.
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...
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.
The book Power, by Linda Hogan is full of the circular connection between God, Animals, and Power, and the character that actively demonstrates all these ideas is Ama Eaton. Ama shows her powerful side to only Omishto and the reader, she shows her animal side to the judgemental people on the outside as well as to the people she is closest to, and she shows her godly side through her spiritual connection with the panther.
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.
Some people say that by watching the court system in action, what once was very unknown and unfamiliar, has now become familiar and useful in helping people become more knowledgeable of what happens inside courtrooms. Most people have not been in a courtrooms and only have the perspective that T.V. gives to them. Now they are able to see what really goes on and now can better understand and relate.
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.
Some theorists believe that ‘power is everywhere: not because it embraces everything, but because it comes from everywhere… power is not an institution, nor a structure, nor possession. It is the name we give to a complex strategic situation in a particular society. (Foucault, 1990: 93) This is because power is present in each individual and in every relationship. It is defined as the ability of a group to get another group to take some form of desired action, usually by consensual power and sometimes by force. (Holmes, Hughes &Julian, 2007) There have been a number of differing views on ‘power over’ the many years in which it has been studied. Theorist such as Anthony Gidden in his works on structuration theory attempts to integrate basic structural analyses and agency-centred traditions. According to this, people are free to act, but they must also use and replicate fundamental structures of power by and through their own actions. Power is wielded and maintained by how one ‘makes a difference’ and based on their decisions and actions, if one fails to exercise power, that is to ‘make a difference’ then power is lost. (Giddens: 1984: 14) However, more recent theorists have revisited older conceptions including the power one has over another and within the decision-making processes, and power, as the ability to set specific, wanted agendas. To put it simply, power is the ability to get others to do something they wouldn’t otherwise do. In the political arena, therefore, power is the ability to make or influence decisions that other people are bound by.
in any group of people, and there will be struggle to achieve it--be it a
In particular, Gallas-himself a former court administrator-thinks that what judges and administrators do within courts is insufficient to explain case processing differences; as he states it, the "local legal culture pervades the practice of law and the processing of c...