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Unlock This CourseCourts are a key part of how society maintains social control. They're where the law is applied to real situations, where people accused of crimes are tried and where decisions about guilt and punishment are made. The criminal justice system includes police, courts and prisons - all working together to enforce society's rules.
Key Definitions:
Courts represent formal social control - official ways society enforces rules. Unlike informal control (like disapproving looks from friends), courts have official power to restrict freedom and impose punishments. Courts are backed by the power of the state and follow set procedures.
Everyone involved in the court system - judges, lawyers, juries, court staff - acts as an agent of social control. They help enforce society's norms by processing those who break the rules and deciding on appropriate consequences.
The UK has a complex court system with different levels and types of courts handling different kinds of cases. Understanding this structure helps us see how justice is organised and delivered.
Criminal cases in England and Wales follow a clear path through different levels of courts:
Handle less serious crimes (90% of cases). Usually three trained volunteers (magistrates) decide cases. No jury. Maximum sentence: 12 months imprisonment.
Handles serious criminal cases. Professional judge and jury of 12 citizens. Can give any sentence allowed by law, including life imprisonment.
Court of Appeal and Supreme Court review decisions from lower courts if there are questions about how the law was applied.
Young people aged 10-17 are usually tried in special Youth Courts, which are less formal than adult courts. The public cannot attend and names cannot be published. This recognises that young people may not fully understand the consequences of their actions and aims to prevent them from being labelled as criminals at an early age.
A criminal trial follows specific steps designed to ensure fairness. Each step has its own purpose in determining guilt or innocence.
While courts aim to deliver justice fairly, sociologists have identified several issues that can affect how equal the system really is.
Research suggests that social factors can influence court outcomes, raising questions about fairness:
Those who can afford better legal representation often get better outcomes. Legal aid cuts have made this inequality worse.
Studies show ethnic minorities are more likely to receive custodial sentences than white defendants for similar offences.
Women typically receive lighter sentences than men for comparable crimes, though this varies by type of offence.
In 2017, David Lammy MP conducted a review of treatment of Black, Asian and Minority Ethnic individuals in the criminal justice system. The review found that BAME defendants were more likely to be sent to Crown Court (rather than Magistrates' Court), more likely to receive prison sentences and less likely to have confidence in the system. This raised serious questions about institutional bias in UK courts.
Recognising problems with traditional courts, several alternative approaches have developed:
Brings together victims, offenders and community members to repair harm. Focuses on healing relationships rather than punishment. Often used for young offenders and less serious crimes. Evidence suggests it reduces reoffending and increases victim satisfaction.
Specialised courts that address underlying issues like drug addiction or mental health problems. Judges work with other professionals to help offenders tackle the root causes of their behaviour. Examples include Drug Courts and Mental Health Courts.
Different sociological theories view the court system in contrasting ways:
Courts maintain social order and reinforce shared values. Public trials demonstrate that rule-breaking has consequences, deterring others from crime.
Courts protect the interests of the powerful. Laws and their enforcement reflect the interests of the ruling class, with harsher treatment for working-class offenders.
Focuses on how labels applied in court (like "criminal") affect people's identities and future behaviour. Court processes can reinforce deviant identities.
Courts play a vital role in social control, but face significant challenges. They aim to deliver justice fairly, but evidence suggests social inequalities can affect outcomes. Reform efforts focus on making courts more accessible, addressing bias and developing alternatives for certain types of cases. As society changes, the court system continues to evolve in response to new challenges and changing views about justice.
When writing about courts in your exam, remember to consider both their intended functions (maintaining order, delivering justice) and their potential problems (bias, inequality of access). Using specific examples and case studies will strengthen your answers.