British Legal System: The Old Bailey Courthouse - Case Study Example

Reflective Report The Old Bailey Courthouse in central London is one of the most iconic representations of the British legal system and the criminal court proceedings of the United Kingdom. Official known as the Central Criminal Court, the Old Bailey Courthouse houses the Crown Court and is an impressive structure which I had the pleasure of visiting as part of my law course. Through the application of this reflective report, I hope to provide a through yet concise overview of the Old Bailey Courthouse, explore the history of this imposing structure and explain the role and function of the court within the criminal justice system. This reflective report will provide an analysis of some of the most famous historical cases within the Old Bailey Courthouse, and choose a key issue based upon what I have witnessed and provide an analysis of discrimination and diversity in the criminal court as it pertains to my visit. Introduction London's Central Criminal Court is responsible for handling the most important criminal cases from the Greater London area as well as sensational legal matters which warrant special attention from other parts of Britain. The Old Bailey presently occupies the site of the Main Roman West Gate in the ancient city of London. Dating back to the 12th century, the present location initially housed both a court and a prison and was destroyed in the 1666 Great London Fire. The present structure was largely built at the end of the Victorian era and replayed the unpopular Newgate prison during the reign of his majesty King Edward VII. In 2007, London's Central Criminal Court celebrated its 100 year anniversary. The immense Old Bailey has 18 courtrooms and tries approximately 1,500 cases per year making it one of the most active and prolific courthouses in the country. Trying serious murderers, accused terrorists and a plethora of high-profile defendants, the Old Bailey's Senior Judge, His Honour Judge Peter Beaumont QC is the Recorder of London ands highest authority at the Court (City of London, 2007; Murphy, 1999). What are the roles and functions of the court Old Bailey within the UK system' The Old Bailey Courthouse is an iconic structure which plays an important role in the British system. Accordingly, most prominent cases in the London area make their way to the Old Bailey and this is the place in which UK justice is meted out. Criminals, violent offenders, embezzlers and a whole host of other presumed offenders have faced justice at the Old Bailey and this building remains an important and often publicized institution of the British justice system. Accordingly, in media and tabloid reports, when a case is in front of the judges at the Old Bailey there is increased media attention and publicity since the trial is likely of a great magnitude and importance. Historically speaking, a variety of high-profile cases have been judged at the Old Bailey including the case against Oscar Wilde in which he made his famous 'Love that dare not speak its name" speech while in the dock at the Old Bailey; the Lord Haw Haw treason case after World War II; the trial of the Kray Brothers were tried at the Old Bailey as well as that of the Yorkshire Ripper. Recent prominent cases include the case of Fatima Miah, who was acquitted of violently shaking her newborn causing death and the shocking case of Baby P in which a two-year old boy was raped and killed. These are just some of the most sensational cases to land in the dock at the Old Bailey. The Old Bailey is the personification of the strength and importance of Her Majesty's Courts Services (HMCS), the judiciary, the police forces and the City of London. It is the representation of the British Justice System and an important building for the people of the United Kingdom. We now turn to an exploration of an important issue in our analysis, discrimination and racism within the UK Justice System (Murphy, 1999. Issue Analysis The promotion of equality and inclusion as well as the value of diversity in practice are at the helm of new initiatives aimed at combating discrimination and oppression within the British Justice System. Accordingly, public authorities in the United Kingdom have a duty to promote racial equality and end discriminatory practices. Discrimination promotes oppressive policies and the unequal treatment of youth within the justice system. It was recently shown that a higher proportion of black and mixed-parentage males are remanded in custody (when compared to their white counterparts), according to a comprehensive study commissioned by the Youth Justice Board (2009). Recent studies like the one above demonstrate the persistence of discrimination within the justice system. Attempts are presently being made to counteract the serious joint problems of discrimination and oppression with British justice. Notions of justice and equality are at the heart of the reforms currently being implemented within the UK Justice System. Although the promotion of equality and anti-discrimination measures are not new to the Justice System - they have in fact been under implementation for years - these initiatives are important because they seek to tackle significant institutional issues such as discrimination against visible minorities. Discrimination is often described as the prejudicial treatment of others based upon certain real or perceived characteristics. It is generally done on the basis of race, colour, sex, age, language, sexual orientation, religion and disability. An example of discrimination would be the refusal to hire an Asian worker. Discrimination is often based upon pre-held beliefs, judgments and stereotypes about people and groups. Social exclusion refers to the alienation and disenfranchisement of individuals or groups from wider society. Examples of overt - and state sanctioned - social exclusion include Nazi policies towards Jews in Germany prior to, as well as during, World War II. Racism is related to xenophobia and generally defined as discrimination based upon the racial groups in which people belong. Racism involves prejudice, discrimination and can often lead to violence. Racism which is institutionalised is embedded within a culture, organization or society and is an established custom or norm within that social system. Historically, it could be argued that the immigration system in the United Kingdom institutionalised racist policies and practice towards non-whites during the early part of the twentieth century (Panayi 1994). Sexism is the belief in the superiority of one gender over another. The most common form of sexism would be the belief women are somehow inferior or lest worthy than men. In their study on girls and youth crime, Gelsthorp and Sharpe found sharp contrasts in the youth court sentencing structure for boys and girls, both historically as well as in a modern context (2006). Discrimination within the UK Justice System can take a variety of forms. Visible minority youth (black, Asian or other) may be subject to more random police stop and searches, may be less likely to be cautioned by a magistrate and may face higher rates of incarceration. From a justice perspective, a young black man may be subject to more stops and searches by police, and be labeled as more likely to engage in crime, due to the colour of his skin (the Home Office reports that black and Asian men were more likely to be stopped and searched by police than their white counterparts, see Statistics on Race and the Criminal Justice System, 2006). In a study commissioned to look at race and the criminal justice system it was determined that although black residents account for 2% of the population aged 10 and over in England and Wales, their rates of incarceration stand at 12% of the total prison population. This is a whopping and disproportionate 600% increase relative to their total population size in both England and Wales! Accordingly, black and Asians are more likely than whites to be arrested and face longer periods of incarceration (Home Office 6-11). Gelsthorp & Sharpe found that girls within the youth justice system faced different hurdles in their encounters with the Youth Justice System and were more likely to face institutionalised sexism and paradoxically, more leniency at the time of sentencing (2006). According to a recent study commissioned by the Youth Justice Board (YBJ), in which more 17,000 case decisions were studied, the YBJ discovered the following practices within the Youth Justice System: 1) A higher rate of prosecution and conviction of mixed-parentage young males 2) A higher proportion of prosecutions involving black young males 3) A greater proportion of black and Asian males that had been remanded in custody before sentence, especially the greater proportion of black males remanded whose proceedings had not resulted in a conviction 4) A slightly greater use of custody for Asian males 5) A much higher probability that a black male would, if convicted in a Crown Court, receive a sentence of 12 months or more 6) A slightly greater tendency for ethnic minorities to have been committed to the Crown Court (Youth Justice Board 2009) This study concluded that there were "differences which were consistent with discriminatory treatment" when comparing the treatment of whites to the treatment of non-whites, as well as to the treatment of males versus females (Youth Justice Board 20). These finding promote the argument that oppression of minorities exists with the Youth Justice System and may even point to a larger problem of institutionalised racism within said system. Unfortunately non-white youth continue to face discrimination despite measures to ensure inclusive and equal practices. Girls, used by Gelsthorp and Sharpe, to refer to women between the ages of 10-17, have historically been overlooked and marginalize within youth justice (Gelsthorp & Sharpe 2006). Describing the double standard faced by girls with the Youth Justice System, Gelsthorp & Sharpe argue that "offending girls were not only seen as breaking the law, but also gender role expectations" (2006). During the 1990s, recorded juvenile crime increased more amongst girls than boys, with a particular increase in drug-related offences and violent crime (Gelsthorp & Sharpe 51). In fact, the arrests for violent crime amongst girls have reportedly increased more than 250% over the past quarter century (Rutter et al 154). Significantly, incidents of youth crime by girls are on the rise and youth justice policy makers are starting to understand and tackle the challenges faced by girls within the youth justice system. This approach must address the unique needs of girls within youth justice with an eye to further inclusion. Racism is a global problem but one which is very much present in the United Kingdom today and with important ramifications across a variety of social institutions. These initiatives are long overdue in an institutional system in which visible minorities are disproportionally represented and when a higher proportion of black and mixed-parentage males are remanded in custody as compared to their white counterparts (Youth Justice, 2009). These attempts at correcting the racial imbalances within the Youth Justice System are integral to ensuring equality and the fair application of British law. Attempts to combat discrimination within the System are now underway. As we have seen, class, gender and race are very important when it comes to Youth Justice in the UK. Concluding Remarks According to the City of London, the Old Bailey is an iconic structure of international repute. Accordingly, Universally known as the Old Bailey, this is the probably the most famous criminal court in the world, and has been London's principal criminal court for centuries. It hears cases remitted to it from all over England and Wales as well as the Greater London area (2009). My visit to the impressive Old Bailey gave me a first-hand perspective on the UK Justice System and allowed me to analyze one of the most important traditions of the British people, the legal precedent of hundreds of years of criminal law. From an issue-based perspective, I chose to explore discrimination within the UK Justice System. Discrimination leads to oppression and the unequal treatment of individuals before magistrates and the courts of law. New legislation and programs, including initiatives such as "Achieving Equality within the Youth Justice Service", promote diversity and inclusiveness and will help counteract the social ills of prejudice, discrimination and oppression. Although recent studies demonstrate the persistence of discrimination within the justice system, policy makers are currently tackling the problems associated with the Justice System with an eye to making it more inclusive, representative and fair. Works Cited City of London's Old Bailey Central Criminal Court marks 100 years. 2006. City of London. Last Accessed August 28, 2009, http://www.cityoflondon.gov.uk/Corporation/media_centre/files2007/City+of+London%E2%80%99s+Old+Bailey+Central+Criminal+Court+marks+100+years.htm Differences or Discrimination' 2009. Youth Justice Board. Gelsthorp, L & Sharpe, G 2006. "Gender, Youth Crime and Justice." Youth Crime and Justice, Eds. Barry Goldson & John Muncie, Sage, London. 47-62. Mother acquitted of killing baby. 2009. British Broadcasting Corporation. Last Accessed August 28, 2009, http://news.bbc.co.uk/2/hi/uk_news/england/london/8175279.st Murphy, T. 1999. The Old Bailey: Eight Hundred Years of Crime, Cruelty and Corruption. London: Mainstream Publishing. Panayi, P 1999. Immigration, Ethnicity and Racism in Britain 1815-1945, Manchester University Press, Manchester. Old Bailey. 2009. City of London. Last Accessed August 28, 2009, http://www.cityoflondon.gov.uk/Corporation/LGNL_Services/Advice_and_benefits/Legal_advice/central_criminal_court.htm Statistics on Race and the Criminal Justice System. 2006. Home Office. Stephenson, M , Giller, H & Brown, S 1997. Effective practice in Youth Justice. Willan, London. Timeline: Key events in baby case. 2009. British Broadcasting Corporation. Last Accessed August 28, 2009, http://news.bbc.co.uk/2/hi/uk_news/england/london/7729045.stm Read More