| Court Observation Assignment Question: The courtroom is a ritualized space, involving costume, language, spatial organization and so on, and courts, therefore, constitute performative exercises of power. Discuss and analyse some of the ways in which courts demonstrate power and/or power relations. Every day ‘the law’ impinges upon our behaviour in both obvious and subtle ways. We are usually unaware of its effects, or we consciously ignore it. When the law is broken a court may be required, and the court is arguably the most recognisable institution of the law. The courtroom has a long history and is designed as a ritualised space where ‘the law’ operates and its power is on display with an aim to protect the innocent and punish the guilty in a just manner. There are numerous theories on the aim of punishment including deterrence, retribution and rehabilitation and a magistrate/judge is usually the legal office that dispenses ‘justice’. Power clearly operates in the courtroom though not just with the decision of the jury, magistrate or judge(s). There are many other ways that power is displayed, and power relations operate, in a courtroom. Your task is to view, record, and analyse power in the courtroom. This assignment has two components. The first component is an observational task. One way in which social scientist gather data on phenomena is to watch and record humans as they spend time in specific places/spaces. Your task is to act as a novice socio-legal researcher undertaking a micro observational study by spending at least one-hour observing/watching a court(s) in action and to take written notes of your observations. It is recommended that you attend the criminal, civil and general courts in The Downing Centre, 143-147 Liverpool St, Sydney, or if you prefer, a Local Court (usually a Magistrates Court) in your local area e.g.: Burwood Local Court. Your attendance must be restricted to these types of courts as you are NOT permitted to attend the Children’s Court, Drug Court or the Coroner’s Court. For information on courts and for court lists, see: https://www.courts.lawlink.nsw.gov.au/cats/catscorporate_index.html It is important that you take notes and record observations as these must be utilize in the court report (eg: ‘The courtroom was furnished sparsely in a modern style reminiscent of an airport waiting lounge’). If no observations appear in the report or if 7 a student has drawn material from the Internet or refers to courts that are clearly not Australian, the report will likely receive a fail grade. The second component is to write a brief report (no more than 1500 words) analysing the operations of the court, the participants in the proceedings and the court itself. You must contextualise your observations with use of the journal article by Carlen (1976) and the book chapter by Smith and Natalier (2005) detailed in week 3 below. It is acceptable to write this report in the first person (eg: I attended the local court…). A report is comprised of an introduction, a brief statement on the method, that is participant observation, 4-5 paragraphs that each have a major point that is discussed/analysed with use of the observations made in the courtroom that are contextualised along side the set readings where relevant, some reflections on power relations observed, and the nature of justice, do courts actually serve ‘justice’ – what is justice? a brief conclusion followed by a reference list that should only include sources cited in the report. Correct referencing and formatting of reference/legal materials is required throughout the report including the reference list. Please note that following these instructions is a minimum requirement for a pass grade. It is highly recommended to focus on two to three of the following areas to demonstrate your arguments: courtroom actors (lawyers for example); Judges/Magistrates and sentencing; courtroom architecture; court dress; courtroom language; or gender/race/sexuality/disability in the courtroom. You MUST use your observation so DO NOT WRITE THE WHOLE REPORT ON COURTROOMS IN AN ABSTRAST OR GENERAL MANNER. Recording verbal notes onto an electronic device is not acceptable in a courtroom nor is it acceptable to record the proceedings. When writing your report, make links between your own reflections of what you observed in court and the unit reading for week 3. High quality reports will reflect on the nature of justice and if it is achieved in the setting of the courtroom. You must refer to the chapter by Smith and Natalier (2005) and the journal article by Carlen (1976) (both in the Unit Reader or via the library) in your report and these authors must appear in the report’s reference list. Side note- Focus on LANGUAGE, actors and Architecture. |
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