Court Ethnography: Division of Powers, Access, Characteristics, and Observations

This article provides an ethnographic analysis of the Crown Court of England and Wales, including its division of powers, gaining access, characteristics of judges, prosecutors, defendant attorneys, juries, and the public. It also includes observations made by the author during a court visit.

Running head: COURT ETHNOGRAPHY
Court Ethnography
Name of the student:
Name of the university:
Author note

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Division of Powers
Along with the court of appeal and the High Court of Justice the Crown Court of
England and Wales is one of the constituent parts of the senior Court system in England and
Wales. In criminal cases Crown Court is the highest court at first instance. However in
certain situations the High Court and it’s divisional quotes higher in hierarchy then the Crown
Court. The court operates around 92 location across England and Wales. The HM courts and
tribunals services conduct the administration of the Crown Court. HM court and Tribunal
services which previously operated in 6 circuits and now divided in 7 regions. The reason of
whales had been identified separately with respect to the wall legislative powers provided to
the Welsh assembly. The Crown Court is also known as Central Criminal Court when it
operates in the city of London. The central Criminal Court which has been established
through its own Act of parliament is the centre of the Crown quotes and is a venue where
most of the serious criminal cases are heard. Four primary activities are handled by Crown
quotes which include jury trials, appeal against magistrate Court decisions, sentencing the
defendants provided by the magistrate Court and sentencing those who has been convicted by
the Crown Court either at the time of trial or when pleading guilty. The average time which is
taken by the Crown Court till completion of a case from start is 177 days (GOV.UK, 2017).
Instead of talking about a location at which the Crown Court is situated in common
practice where any venue is referred as a Crown Court such as the Teesside crown court. The
judges who presided over the proceedings in a clown coat are generally recorders, circuit
judges and High Court Judges. Recorders all solicitors or barristers who are in private
practice and sit part time as judges. In the court the most serious of the cases such as rape
murder or treason are allocated to the senior Circus judges and High Court Judges. Other
cases are allocated to the recorders and circuit judges although the most minor case is are

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allocated to the recorders. The allocation of the cases is done with respect to the orders of
Lord Chief Justice of England and Wales. The criminal justice Administration Act 1956 had
laid down provisions for the establishment of crown quotes at Manchester and Liverpool for
the purpose of enhancing the handling of criminal cases in South Lancashire. The court had
been established by the Court Act 1971 on 1st January 1972.
Gaining access
I had visited the Crown Court of London which is the central Criminal Court for the
purpose of analysing ethnography of the court. I had visited the Crown Court of London
which is the central Criminal Court for the purpose of analysing ethnography of the court.
During the entrance I had to go through various security checks. The security checks were
conducted at various intervals in the entrance of the court. There was no carelessness by the
security officers while checking those who wanted to visit the court for any reason. I was
asked to switch off my mobile phone and not click any photographs inside the court. While
entering the court I had to provide the security personal with my personal identity card so that
they could verify my identity. At the first Security Check I was scrutinized to an electronic
machine. At another Security Check Post I was physically checked by the security personals.
I got to know that the security in the court is so high because a person has been stopped at
one of the Crown court premises few months ago. Therefore the security officers were
thoroughly checking each and every person who wanted to enter the court. No person is
allowed to carry any kind of weapon inside the court premises instead of security officers.
Any electronic gadget which can be a threat to the security of the court are also not allowed
inside the court premises. It was notified to me that if I click any pictures inside the court my
mobile phone would be confiscated. In addition it was also provided to me that if my mobile
phone rings during the court proceedings the judge may order for the confiscation of my
mobile phone. Once I entered the main Court Building security officers who were armed with

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guns were posted at every floor of the court. In addition Police officers were also
accompanying criminals who are to be trial that the court. Overall the security of the Crown
Court was very high and well established.
The judges of the court sit on a large bench which is laid on a raised platform at the
front of the court. The distinction between the judges is done through the colour of the gown
with their wearing along with certain forms which are used to address the different rank of
the judges. At most locations your honour is used for recorders and circuit judges where as
my lady or my lord are used for the judges of high courts along with all judges at Central
criminal courts. The judges enter the courtroom through a doll which is typically located at
the side of the raised platform which is preceded by directions of all rise from the clerk or
Usher of the court who set before the judge’s bench. Every person present in the court room
is required to show his or her respect to the judges by standing up while they enter or exit the
courtroom. Unlike other quotes there is no national flag in the Crown court and the judges
also do not have a gavel. However a royal coat of arms is hung on the wall above the judge’s
bench.
Characteristics
Judges
The role of the judges is to ensure that justice is provided to those who are innocent
by providing the wrongdoer will appropriate punishment. The judges have to provide such
justice by weighing the evidence provided by the plaintiff and the defendant. The judges do
not have any idea what actually happened in a crime scene and therefore their decisions are
only based on the submissions which have been provided to them by the parties. The judges
of the court has to be impartial while making the decision. While attending a court hearing at
the crown court I got to know that the judges do not take into consideration any material

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which is not a part of the evidence. The court case which I witnessed was in relation to rape.
The media through newspapers and television has already portrayed before the society that
the defendant has committed the crime. However I observed that the judge did not take into
consideration any of such external factor and were acting in an impartial manner. This
depicted the nature of the judges that they only believe in what has been provided to them
regardless of their personal belief. Even if they knew that the defendant has committed the
crime they cannot express their feelings unless the crime has been established by the
prosecutor through substantial evidence.
Prosecutor
The role of the prosecutor is prove before the judge that the defendant has committed
the crime. The prosecutor does so on the basis of police investigation reports and the relevant
provisions of law required to establish the crime through various tests. The public prosecutor
is paid by the government for the services provided to them however they have a reputation at
stake in a legal proceedings which may be enhanced to decrease based on the outcome of the
case. The public prosecutor tries everything to prove before the judge that the defendant has
committed the crime. The role of the prosecutor however is very different form the judge in
terms of character. While the judges have to have an impartial character in legal proceedings
the prosecutor has a very bias nature where his or her only motive is to provide that the
defendant is liable for the crime. These observations had been made by me based on what I
saw in the court with respect to one proceeding only. However as stated be Funnell (2007), it
is the nature of the human beings to perceive what they have witness once is going to occur
again and again. My observations may have been different in any other case but another case
which was witnessed by me on the same day did not change my mind as I observed the same
patter with respect to the prosecutor.

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Defendant Attorney
The lawyer representing the defendant has the role to counter the claims and
allegation which have been made by the police and the prosecutor against the defendant.
Practically in the modern legal system the defendant attorney has the role of protecting the
defendant who he or she knows to have committed the crime even in case such facts have
been admitted by the defendant themselves before the defendant attorney. Unlike sworn
while initiating legal practice that they would always take the side of justice and never
support injustice the defendant attorney protect the defendants for monetary as well and
reputational benefits (Scheffer, 2002). The defendant attorney was cross examining a witness
during the court proceeding observed by me in one of the cases. The cross examination was
conducted in such a manner that he was putting words into the mouth of the witness by using
personal skills developed through the course of his professional career. There was no attempt
at all on the part of the defendant attorney to strive to extract the truth which is theoretically
their actual role. After the proceedings had been concluded all the arguments between the
prosecutor and the defendant ended with a hand shake and all smiles as if nothing had happed
and they were best of the friends. This made be derive a conclusion that they are very
professional and do not take the fight outside the court room.
Juries
Juries have a significant rue to play in the English legal system. They are used for
criminal trials at the crown court. Juries are those members who are selected randomly from
the electron registered and must not in any way connected to the case they are required to
judge. The role of the Jury is to make an informal decision about the question that whether
the defendant is guilty or innocent (Callaghan, 2005). Express notification is provided to the
juries requesting them to base their decisions only on the evidence submitted by both the
parties to the case and not upon any external matter. Normally the Jury is only listen to what

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the parties and their attorneys have to provide in relation to a case but in serious situations to
me also be asked to visit the Crime scene by the judges. During my court visit observed that
jury was sitting quietly and listening to what the parties have to say about the case. However I
had seen two of the jury members outside the court reading a newspaper where the defendant
was considered as a rapist. They were having a discussion that search a person should be
provided with the highest of punishments. Therefore I had a serious doubt about how
impartial the Jury is towards adjudging a case. I could not complete my observation and yes I
did not observe the full hearing of the case over time as it is conducted over several days.
However what was depicted to me initially by the Jury was that sitting and looking at Each
Other without taking any significant interest and the case facts. They were agreeing with
whatever the prosecutor or the defendant attorney had to submit in relation to the respective
parties. Although there may be chances that the Jury was actually analysing the submissions
made by the parties to the case it was difficult for me to believe so.
Public
Other than the judges, lawyers, parties, clerks, security officers and the Jury the
general public may also be sometimes present in a court proceedings. This may include
student pursuing low as their career, media personals, relatives of the parties to the case and
relatives of the attorneys. These people have little or no knowledge about what is going on in
the court proceedings is there visiting the code for the first time. The only believe whatever is
told to babe as it is very difficult for them to analyse any fact based on their own
understanding. They do not have any significant role to play and the court proceedings other
than providing mental support to the party involved in the case.

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References
Callaghan, E. (2005). What they learn in court: Student observations of legal proceedings.
Teaching Sociology, 33(2), 213-220.
Criminal courts: Crown Court - GOV.UK. (2017). Gov.uk. Retrieved 30 November 2017,
from https://www.gov.uk/courts/crown-court
Funnell, R. (2007) Representations of Reality in a Court of Law.
Scheffer, T. (2002). Exploring court hearings: towards a research design for a comparative
ethnography on ‘witnessing in court.’. Department of Sociology On-line Publications,
Lancaster University. http://www. lancaster. ac.
uk/fass/sociology/research/publications/papers_alpha. htmst (accessed February 13,
2015).