Courtroom

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Historic courtroom still in use in Brockville, Canada Historic Courtroom.JPG
Historic courtroom still in use in Brockville, Canada

A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits. [1]

Contents

By country

Republic of Ireland

Irish legal tradition is inherited from English tradition and so an Irish courtroom has a similar setup to the English/Welsh model. The judge (or judges, in the Supreme Court and Special Criminal Court or some High Court cases) sits on a raised platform at the top of the court and wears a white collar (also called tabs) and a black gown; he/she does not wear a wig and does not use a gavel. [2] [3] [4] The Irish national arms, a Celtic harp, is on the wall behind the judge, where the royal arms would be in a British court. [5] [6] The court registrar sits in front of the judge and administers oaths and deals with paperwork. The solicitors are at the front of the registrar, and the jury (if it is a jury trial) sits in a box to one side. The accused sits at the other side with a prison officer. A judicial assistant does legal research for the judge; they also announce when the judge enters of leaves the courtroom (usually by saying ‘all rise’, or in Irish 'seasaigí'). Witnesses give testimony in a witness box to one side of the judge. Barristers are seated facing the judge, and the public and press behind them. Barristers also wear black robes and a white collar, and may wear a wig if they wish. [7] All proceedings are recorded by a Digital Audio Recording (DAR) box. [8] Irish court cases are not televised; one exception was a 2017 broadcast of some Supreme Court decisions. [9]

United States

A courtroom at the United States District Court for the District of Massachusetts at Worcester, Massachusetts WorcesterMassBar.jpg
A courtroom at the United States District Court for the District of Massachusetts at Worcester, Massachusetts

The judge generally sits behind a raised desk, known as the bench . Behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a plain black robe (a requirement in many jurisdictions). An exception was the late U.S. Supreme Court Chief Justice William Rehnquist, who broke tradition by adorning his robe with four gold stripes on each sleeve. (Rehnquist reportedly said that he had been inspired to add the stripes by his having seen such stripes worn by the character of the judge, in a local production of the Gilbert and Sullivan comic operatic spoof of English jurisprudence, Trial by Jury .)

Adjacent to the bench are the witness stand and the desks where the court clerk and the court reporter sit. The courtroom is divided into two parts by a barrier known as the bar . The bar may be an actual railing, or an imaginary barrier. The bailiff stands (or sits) against one wall and keeps order in the courtroom.

On one side is the judge's bench, the tables for the plaintiff, the defendant, and their respective counsel, and a separate group of seats known as the jury box where the jury sits. Apart from the parties to the case and any witnesses, only the lawyers can literally pass the bar (court personnel and jury members usually enter through separate doors), and this is the reason why the term the bar has come to refer to the legal profession as a whole (see bar association). There is usually a podium or lectern between the two tables where the lawyers may stand when they argue their case before the judge.

In the Commonwealth (and many other countries), a courtroom used for trials of criminal cases often has a dock: a space exclusively reserved for seating a criminal defendant. It is marked off with a barrier, like the jury box and the witness stand. As late as the 1970s, some American courtrooms also had docks, but they gradually fell out of use. [10] Defendants argued that they were prejudicial and interfered with the accused's right to counsel, since defense attorneys were traditionally seated at the table for defense counsel and were not normally allowed to sit next to the dock. [11]

There is usually an open space between the bench and the counsel tables, because of the court clerk and court reporter's tables in front of the bench and the jury box on the side. This space is called the well. It is considered extremely disrespectful to the court for persons who are not court employees to directly "traverse the well" without permission—that is, to walk directly toward the bench across the well—and some courts have rules expressly forbidding this for the safety of the judge. [12] Instead, if documents need to be given to or taken from the judge, attorneys are normally expected to approach the court clerk or bailiff, who acts as an intermediary. During trials, attorneys will ask the court's permission to traverse the well or "approach the bench" for "sidebar" conferences with the judge.

On the other side of the bar is the gallery, with benches and chairs for the general public. In some cases the gallery is separated from the rest of the room by bulletproof glass.

All of the above applies only to trial courts. Appellate courts in the United States are not finders of fact, so they do not use juries or receive evidence into the record; that is the trial court's job. [13] Therefore, in an appellate court, there is neither a witness stand nor a jury box, and the bench is much larger to accommodate multiple judges or justices.

The walls are often partially or completely wood-paneled. This is a matter of style and tradition, but some jurisdictions have elected to construct courtrooms with a more modern appearance. Some courtroom settings are little more than a closed circuit television camera transmitting the proceedings to a correctional facility elsewhere to protect the court from violent defendants who view the proceedings on television within a jail conference room and are allowed duplex communications with the judge and other officers of the court. Many courtrooms are equipped with a speaker system where the judge can toggle a switch to generate white noise during sidebar conversations with the attorneys so that the jury and spectators cannot hear what is being discussed off-record.

Multiple courtrooms may be housed in a courthouse. The schedule of official court proceedings is called a docket.

United Kingdom

England and Wales

A nineteenth century English courtroom in Nottingham, United Kingdom now preserved as a museum Victorian Civil Courtroom, National Justice Museum, June 2010.jpg
A nineteenth century English courtroom in Nottingham, United Kingdom now preserved as a museum

Courtrooms vary considerably in their layout, reflecting the history and development of the building. Some historic courtrooms remain in use and are generally wood-panelled; most newer courtrooms are not panelled and generally have a modern appearance. Depending on the layout of the room, a claimant may sit on either the right or left in a civil court, just as the prosecution may sit on either side (usually the opposite side to the jury) in a criminal court.

In British courtrooms, a witness testifies from a witness-box, rather than the American "witness stand". [14]

In a criminal court, where the defendant is held in custody prior to court appearance, the defendant will be escorted by the security firm that has the contract to serve that court. In rare circumstances in civil trials a bailiff or someone else charged to keep order may be present (for example if a tenant who is due to be evicted for violent behaviour or a defendant arrives in court drunk). Unless prevented by disability, advocates are expected to address the court standing up, from the position where they were seated before addressing the court.

Appellate courts may hear evidence (and also be finders of fact) as well as review legal argument. In such cases witness evidence may be necessary, and many appellate courts therefore have witness stands. Courtrooms for hearings of the Family court which consider matters such as custody of children and divorce are generally smaller and more informal in layout than those for criminal and civil proceedings.

The Royal Coat of Arms is placed above and behind the judge or presiding magistrates to symbolise the fact that trials in England and Wales are carried out in the name of The Crown. The only exceptions to this are in the City of London courts where the judge or magistrate sits below the arms of the City of London as well as the Crown, a historic anomaly.[ citation needed ] In England and Wales the Royal Coat of Arms is displayed prominently over the main external entrance to the courthouse.

Scotland

As in other countries, the judge or sheriff sits on the bench. Directly below the bench is the clerk's station which usually has a computer to allow the clerk to get on with Court Disposal work during proceedings.

Directly in front of the clerk is the well of court which has a semi-circular table at which all the advocates sit during proceedings. The Procurator Fiscal or Advocate Depute always sits in the seat at the right of the clerk during criminal proceedings.

Behind the well of the court is the dock in which the accused will sit during proceedings. Dependent on the style of the courtroom, the jury box will either be on the right or left hand side of the well of the court. Scotland is unique[ citation needed ] in the western world in that it has 15 jurors.

Usually to the right or left of the bench (again dependent on style and always directly opposite the jury) slightly raised and facing forward is the stand where any witness who is called will give evidence. The stand is designed so that any solicitor examining a witness as well as the judge/sheriff may get a good view of the testimony. At the far side of the courtroom directly opposite the jury box and behind the stand are seats for journalists who are attached to the court and the court social worker. Seats for members of the public are the back of the courtroom.

There is no court reporter in Scotland; normal summary cases are simply minuted by the clerk indicating the disposal. If the case is a solemn (more serious) case involving a jury or if the case has a sexual element then proceedings will be tape recorded which is done under the supervision of the clerk. A High Court Noter is also in attendance to record witness evidence on behalf of the Crown.

Like in England and Wales, in Scotland the Royal Coat of Arms is placed above and behind the judge or presiding sheriffs to symbolise the fact that trials are carried out in the name of The Crown. However, the Scottish version (unicorn on viewer's left, motto Nemo Me Impune Lacessit, etc.) is always used. The arms also appears prominently over the main external entrance to the courthouse.

Related Research Articles

Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries.

<span class="mw-page-title-main">Jury trial</span> Type of legal trial

A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.

<span class="mw-page-title-main">Jury</span> Group of people to render a verdict in a court

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Crown Court</span> Court of first instance of England and Wales

The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales.

A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems use bench trials for most or all cases or for certain types of cases.

<span class="mw-page-title-main">New York City Criminal Court</span> Court in New York, United States

The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors and lesser offenses, and also conducts arraignments and preliminary hearings in felony cases.

Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom.

<span class="mw-page-title-main">Judicial system of Japan</span> Judicial branch of Japan

In the judicial system of Japan, the Constitution of Japan guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws". They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties", and they cannot be disciplined by executive agencies. Supreme Court judges, however, may be removed by a majority of voters in a referendum that occurs at the first general election following the judge's appointment and every ten years thereafter. The judiciary was far more constrained under the Meiji Constitution than it is under the present Constitution and had no authority over administrative or constitutional law cases. Moreover, the Ministry of Justice had complete and direct control over the courts' administrative affairs. Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases. "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the Meiji Constitution. Of all branches of government only the courts exercised authority 'in the name of the Emperor'." Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription 'in the name of the Emperor' as a meaningful reminder to imperial officials and subjects alike that the Emperor's judges were not subject to political control or direction."

<span class="mw-page-title-main">Magistrates Court of South Australia</span> Lowest level court in South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).

<span class="mw-page-title-main">Court of assizes (Belgium)</span> Criminal court in Belgium

The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction; as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, as well as one in the arrondissement of Brussels-Capital which is not part of any province. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.

<span class="mw-page-title-main">Bar table</span> Table in a common law courtroom

A bar table is a table in a common law courtroom at which advocates sit or stand. It is generally situated between the Bench and the well of the court, where the public sit. Advocates such as barristers sit facing the Bench with their backs to the well. Usually the witness box and, if there is one, the jury box, will be to the sides of the room, between the bar table and the bench.

United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution; federal and state statutes; federal and state rules of criminal procedure ; and state and federal case law. Criminal procedures are distinct from civil procedures in the US.

The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.

<span class="mw-page-title-main">Los Angeles County Superior Court</span> Trial court in California

The Superior Court of Los Angeles County is the California Superior Court located in Los Angeles County. It is the largest single unified trial court in the United States.

The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.

A court show is a broadcast programming subgenre comprising legal dramas and reality legal programming. Court shows present content mainly in the form of legal hearings between plaintiffs and defendants presided over in one of two formats: scripted/improvised with an actor portraying a judge; or an arbitration-based reality format with the case handled by an adjudicator who was formerly a judge or attorney.

<i>Judge Rinder</i> British arbitration-based reality court show

Judge Rinder is a British arbitration-based reality court show that aired on ITV from 11 August 2014 to 14 October 2020. The show depicts Robert Rinder as an arbitrator overseeing civil cases. Rinder began his career in criminal law in 2003. He is a barrister and wears his barrister robes while on the show, but does not wear the wig as is customary in the judiciary. Rinder is a practising criminal barrister at 2 Hare Court Chambers in London and this is made clear on the show. As with other related court shows that inspired it, such as Judge Judy, Judge Mathis and The People's Court, any awards handed down by Rinder are paid by the production company rather than the loser.

<span class="mw-page-title-main">County courthouse architecture in colonial America</span>

Court justice was administered during the seventeenth and eighteenth centuries in the territories that would become the United States subsequent to the American Revolution in buildings that comprised colonial, county, and municipal structures. The most common local and regional territorial unit for the administration of justice within the English colonies was the county. These structures were designed with varying degrees of size and sophistication based on local needs and budgets and were typically inspired by European precedents which comprised different arrangements of adjudicative, clerical, deliberative, and enforcement oriented spaces and rooms, and featured different architectural motifs and symbolic and functional accoutrements.

<span class="mw-page-title-main">Nineteenth-century American county courthouse architecture</span>

Nineteenth-century American county courthouse architecture was used in buildings designed to house judicial and administrative functions in styles such as Federal, Neoclassical, Italianate, Second Empire, and Romanesque Revival, which were adapted to local building materials and styles to accommodate local needs. Over the course of the nineteenth century, the typical American county courthouse became more specialized than its eighteenth century predecessor, featuring increased usage of interior passageways and multiple levels and stairwells to facilitate a greater level of formality to court proceedings than could often be achieved through earlier examples which were centered around a single room on the ground floor. The gradual replacement of courtroom fittings associated with the English common law with those associated with American adversarial statute law, along with the use of clock towers, statuary, turrets, domes, and other architectural features became increasingly central to the iconography of local American public life, which represented at once the ideal of equal and impartial justice before the law in criminal and civil disputes, as well as the more wealth based and paternalistic ideal of justice represented by such cases as probations of estates, recording of deeds and property boundaries, assessments of taxes, enforcements of debts, evictions, and transfers of slaves.

References

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  2. "Put the gavel down". The Irish Times.
  3. McGrath, Louisa (20 April 2016). "John Wolfe Is on a Mission to Tackle TDs' Expenses". Dublin Inquirer.
  4. "Circuit Court Rules | The Courts Service of Ireland". www.courts.ie.
  5. "Cool justice – followed by an icy journey home". Independent.ie. 13 January 2010.
  6. "Circuit back after 30 years". Independent.ie. 30 March 2018.
  7. "Courtroom drama thin on the ground amid Covid-19 anguish". The Irish Times.
  8. "Feidhmeanna agus dualgais éagsúla i gcúirt dlí". www.citizensinformation.ie.
  9. O'Neill, Finola Doyle (8 August 2023). "Cúirt TV: is it time for Irish court cases to be televised?" via www.rte.ie.{{cite journal}}: Cite journal requires |journal= (help)
  10. Commonwealth v. Moore, 393N.E.2d904 (Mass.1979). This case cites to older cases from Alabama, Delaware, Missouri, Pennsylvania, and Tennessee which mention the use of prisoner's docks.
  11. Young v. Callahan, 700F.2d32 (1st Cir.1983).
  12. See "Traversing 'Well'," Local Rule 3.94 of the Los Angeles Superior Court.
  13. In re Zeth S. , 31 Cal. 4th 396, 2 Cal. Rptr. 3d 683, 73 P.3d 541 (2003).
  14. Garner, Bryan A. (2011). Garner's Dictionary of Legal Usage (3rd ed.). Oxford: Oxford University Press. p. 950. ISBN   9780195384208 . Retrieved 10 September 2023.