NCJ Number
82567
Journal
International Journal of the Sociology of Law Volume: 10 Issue: 1 Dated: (February 1982) Pages: 49-74
Date Published
1982
Length
26 pages
Annotation
The heterogeneous characteristics of British court organization and process are examined, with emphasis on the forms of inequity.
Abstract
Data were obtained from a 4-month observation of a Liverpool magistrates' court, records of 1,301 defendants dealt with in this court between April and September 1978, and from interviews with 163 defendants sampled from that population. The latter were selected according to offense categories. Interviews with probation officers were arranged through the probation service and were conducted on an area team basis. Findings show that the formal organization of the court and the professional rules and alliances tend to isolate defendants. Different defendants approach the judicial context with different interpretations and experiences. Consequently, there is no single response to court processes and to the language and organizational controls. Some defendants, aware of inequities, are better equipped to manipulate the rules in their favor, even though the rules per se tend to operate against them. There is no necessary unity between the major professional groups in the court. The cash nexus affects intralegal relations within the court. Established attorneys are interested in besting competitors. Courtroom interaction is confused further by the occasional conflicts between probation staff and solicitors. Overall, court organization and situational rules produce little homogeneity in court processes, and divergences between professional and defendants' interests cloud the achievement of due process. Tabular data, 17 references, and 3 notes are provided. (Author summary modified)