Overview

The module begins with an introduction sketching out the steps leading up to a court trial. Starting with the situation in England and Wales, students then discover how other countries organise courts and trials. The international “court families” will be explained: the Anglo-Saxon model, the Continental-European model, the Socialist model and the Colonial model. Theories and types of procedures, including adversary and investigative procedures are discussed and the concepts of retributive/distributive and procedural justice. For the latter, social psychological theories such as the group value theory by Lind and Tyler will be introduced. A sociological theory of procedures leading from uncertainty, in which procedural roles are allocated, to the point where a decision can be made, has been provided by Niklas Luhmann. The personnel involved, how they are trained and recruited, what values they are supposed to hold and the constrains they work under are introduced. They include lay and professional judges, public prosecutors and lawyers, court clerks and others. For students of criminology and criminal justice, it is important to be aware of their contributions to trials. Status characteristics theory can be employed to explain the influence of actors behind the judges’ bench. The perspectives of defendants, victims and witnesses on trials are no less paramount. Studies are introduced which draw on their experiences. How the law and how court procedure structures decision-making and finally sentencing forms part of the content covered. Court trials are public, allowing access to the actions unfolding. In the second part of the module, students are being prepared for conducting court observations. Students will be introduced to non-participant observation in a courtroom (trial) setting and to an observation instrument that can be adopted for their purposes. They will visit a local court on two days and note the interaction there systematically for their own analysis. Third year students present theories or key empirical studies to the class based on analysing literature. Second year students will prepare posters based on their observations in court. Typical patterns of interaction in courts as well as outlier cases will be noted. The broader discussion will link observations with academic theories and published empirical studies. We will also reflect on the practicalities and problems of conducting observations in a court environment.

The module begins with an introduction sketching out the steps leading up to a court trial. Starting with the situation in England and Wales, students then discover how other countries organise courts and trials. The international “court families” will be explained: the Anglo-Saxon model, the Continental-European model, the Socialist model and the Colonial model. Theories and types of procedures, including adversary and investigative procedures are discussed and the concepts of retributive/dis¬tributive and procedural justice. For the latter, social psychological theories such as the group value theory by Lind and Tyler will be introduced. A sociological theory of procedures leading from uncertainty, in which procedural roles are allocated, to the point where a decision can be made, has been provided by Niklas Luhmann. The personnel involved, how they are trained and recruited, what values they are supposed to hold and the constrains they work under are introduced. They include lay and professional judges, public prosecutors and lawyers, court clerks and others. For students of criminology and criminal justice, it is important to be aware of their contributions to trials. Status characteristics theory can be employed to explain the influence of actors behind the judges’ bench. The perspectives of defendants, victims and witnesses on trials are no less paramount. Studies are introduced which draw on their experiences. How the law and how court procedure structures decision-making and finally sentencing forms part of the content covered. Court trials are public, allowing access to the actions unfolding. In the second part of the module, students are being prepared for conducting court observations. Students will be introduced to non-participant observation in a courtroom (trial) setting and to an observation instrument that can be adopted for their purposes. They will visit a local court on two days and note the interaction there systematically for their own analysis. Third year students present theories or key empirical studies to the class based on analysing literature. Second year students will prepare posters based on their observations in court. Typical patterns of interaction in courts as well as outlier cases will be noted. The broader discussion will link observations with academic theories and published empirical studies. We will also reflect on the practicalities and problems of conducting observations in a court environ¬ment.

Assessment Strategy

Threshold. -D (40%) Work displays the ability to evaluate practices at criminal courts and the relationships between different actors, and to assess the values of criminal courts and their actors. It also draws on materials from a range of sources and synthesises them. The work shows an ability to conduct court observations and discuss their specific research problems. To a sufficient level, the work summarises and explains empirical information and research findings about criminal courts. Demonstrated is an ability to evaluate strengths and weaknesses in the use of comparison in relation to criminal courts.

Grade C work fulfils the requirements for Grade D but has aspects of Grade B work. For example, it draws on a good range of sources but does not offer a good synthesis or a critical analysis.

Good (-B / 60%>) Work displays the ability to critically evaluate practices at criminal courts and the relationships between different actors, and to assess the values of criminal courts and their actors. It also draws on materials from a good range of sources and synthesises them well. The work shows a good ability to conduct court observations and discuss their specific research problems. To a good level, the work summarises and explains empirical information and research findings about criminal courts. Demonstrated is an ability to critically evaluate strengths and weaknesses in the use of comparison in relation to criminal courts.

Excellent (-A / 70%>) Work displays the ability to critically evaluate to an exceptional level practices at criminal courts and the relationships between different actors, and to assess the values of criminal courts and their actors. It also draws on materials from a wide range of sources and synthesises them very well. The work shows an excellent ability to conduct court observations and discuss their specific research problems. To a very high level, the work summarises and explains empirical information and research findings about criminal courts. Demonstrated is an ability to critically evaluate to an exceptional level strengths and weaknesses in the use of comparison in relation to criminal courts.

Learning Outcomes

• Assess the values of criminal courts and their actors.

• Conduct court observations and discuss their specific research problems.

• Draw on materials from a range of sources and synthesise them.

• Evaluate practices at criminal courts and the relationships between different actors

• Summarise and explain empirical information and research findings about criminal courts.