NCJ Number
100717
Journal
Australian Journal of Law and Society Volume: 2 Issue: 1 Dated: (1984) Pages: 110-128
Date Published
1984
Length
19 pages
Annotation
Court personnel do not operate as a ''closed community,' as suggested by Blumberg and Carlen, but rather are influenced by political and economic interests in the world outside the courtroom.
Abstract
In Blumberg's 1969 article on lawyers, clients, and the sociology of criminal courts, he argues that court processes and decisions are primarily influenced by pragmatic court needs and the career designs of court personnel. Carlen (1974, 1975, 1976), after conducting field work in British magistrates' courts, concluded that magistrates manipulated defendants by their monopoly over rule usage. Overall, Blumberg and Carlen conclude that defendants face a closed community of professional court actors who control language, dress, and setting to mask bureaucratic concerns and wider issues of social control. New York examples from the 1930's as well as patterns in the United Kingdom challenge the closed community model, as they demonstrate judicial responsiveness to politicians and their underworld associates. These features are also apparently present in contemporary New South Wales courts (Australia). The fact that court personnel are influenced by interest groups from outside the community of court personnel suggests a revision of the closed community model to account for court responsiveness to such pressures. 15 notes and 70 references.