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  • Essay / Courts and Power Relations - 1420

    The courtroom is a ritualized space, involving costume, language, spatial organization, etc., and courts are therefore performative exercises of power. Discuss some of the ways courts demonstrate power and/or power relationships. The courtroom is a ritualized space in which many elements are effectively manipulated to demonstrate the power of the state 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 maintained. By observing civil courtrooms 5.1 and 5.6, it became clear that the architecture and spatial organization of the room play an important role in highlighting the different power relationships between the actors in the courtroom. audience. Interior features such as structural elevation, spatial organization, lighting, entryways, and design effectively highlight power disparities. Additionally, language is a critical factor in determining a person's status within the courtroom. Power differentiations were evident through the use of legal terminology, the contrast between formal and colloquial language, and the manipulation of rhetoric during cross-examination. The architecture of the courtroom establishes clear power disparities within the courtroom. The physical dimensions of Courtroom 5.1 have been organized in such a way that the hierarchical nature of the court is visually clear from the moment you enter the room. The stratification of power among courtroom actors is manifested through the “structural elevation” of seats (Carlen, 1976, pp. 50). The magistrate sits at the highest level on the bench facing the defendant, the notaries and the public forum. This particular positioning demonstrates a pre-eminence which allows the com......middle of paper......witness. Therefore, my observations of civil courts have shown that the courtroom is largely a ritualized environment in which there are considerable power disparities.ReferencesCarlen, P. 1976. The stage 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: April 3, 2014].Judiciary.gov.uk. 2014. Judges, courts 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 April 2 2014].