COURT

A tribunal presided over by a judge, judges, or a magistrate

in civil and criminal cases.

WHAT IS COURT?

• Over 95% of criminal cases are in magistrates courts.• Magistrates are not lawyers but drawn “respected

members” of the community• There is no jury in magistrates courts

• Most serious cases go to the crowns courts where there is a jury of the 12 members of the public

• The jury decides on guilt or innocence but the judge advices them on the law.

• The judge decides on the sentence (if convicted)• Court proceedings are public expect for jury decisions or

private briefings of lawyers.

FACTS ABOUT COURTS.

• Solicitors are the main lawyers in magistrate courts. Most solicitors are white middle class men often

privately educated.• Only barristers appear in the crown courts. Their

backgrounds are even narrower than the solicitors.• Judges have the most exclusive backgrounds, almost all

have been to private schools and ox-bridge. They are usually aged over 50.

• Poorer defendants can get legal help via legal aid. Legal aid lawyers are usually less experienced or less able.

Wealthier defendants can pay for more expensive lawyers.

FACTS ABOUT LAWYERS

Argue that the legal system in countries like Britain is fair and equal. All defendants are allowed a lawyer and lawyers are highly trained and professional. The judge is completely impartial and advises the jury on the law which is the same for everyone; Rich or poor, male or female and ethnicity. A jury of 12 ordinary people decide if the defendant is guilty, the judge decides the sentence based on the interests of

society.

FUNCTIONALISTS

Jury may be all middle class and of people who are of higher status and therefore means that its unfair

judgement. Also judge is of higher authority and therefore again shows that the conviction wont be fair. Lawyers are middle class and therefore can result in not understanding

the language code.

MARXIST

Courts mainly ruled by men and are therfore women are opressed.

FEMINIST

They take a different perspective on courts. They are more interested in the interaction in courts – how justice is ‘negotiated’ or decided in the discussions and debates

between judges, lawyers and defendants.

INTERACTIONISTS.

Courts are one of the easiest areas for a sociologist to conduct research. There are many advantages and disadvantages of

conducting research in a court.

+ Observer can study court processes as they unfold.

+ Observer can see and hear lawyers, witnesses and defendants in action.

+observer can make notes openly

+court is a public place, so no need for a covert observation, could just freely enter and watch.

- Recordings and photos are not allowed during trials.

- Cannot observe private briefings of lawyers, or witnesses.

- Court proceedings may take a long time.

- cannot observe jury deliberations.

- Sensitive trials are held in secret.

METHODS IN CONTEXT

This has been studied by internationalists like sudnow. This is where the prosecution and defence negotiate to get a

guilty plea to a lesser offence in order to ensure a conviction and avoid a trail. E.g.: murder could be reduced to manslaughter and rape to indecent assault. Providing a

defendant guilty of murder could be difficult. The defendant could be worried that if they pleaded guilty of murder and then are convicted, they could get a heavier

sentence. Both sides may strike a deal where the defendant admits to manslaughter- the prosecution gets a conviction

and the defendant avoids a longer sentence. Plea bargaining is a common tactic and occurs private away

from the public.

PLEA BARGAINING