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The Author Identifi Ed The Following Design Criteria
The Author Identifi Ed The Following Design Criteria
Design Issue:
Purpose: This referenced position paper discussed design parameters for the courts in England
as mandated by the Court Standards and Design Guide (2004) and their influence on process,
procedure, participation by the public, and judiciary outcomes over time.
Rationale:
• Previous studies have focused on the exterior design of courthouses, not the interior of
the courtroom where the justice is rendered. Likewise, an examination of the marginalized
participation of the public in public trials has not been studied.
• The physical courtroom space has been politicized and may have an influence on judiciary
outcomes, especially in context with diminished territory allocated for the public to view
and participate in the hearing and to fulfill their historical responsibility as witness to justice
rendered.
• Between 1972 and 1996, England experienced tremendous expansion in the number
of courthouses (382) and multi-courtroom complexes (28). This expansion fueled
England’s development of the Court Standards and Design Guide (Guide) by the
Department for Constitutional Affairs in 2004. The design of all courts are mandated to
follow the prescribed layout templates, design guidelines, and materials and finishes
recommendations.
• Segregation and surveillance relative to the position and control of the public is a direct
outcome of the historical evolution of courtroom design, solidified by the Guide (2004).
Design Criteria:
The author identified the following design criteria:
• Consider the ramifications of courtroom design on participatory justice by the public
through segregation and surveillance of the public.
• Be aware of the expansion of the bureaucracy of the court enabled via the design of the
courtroom afforded the judge through zoning and elevated position.
• The ideology of fair, equal justice should prescribe the design of the courthouse; consider
the use of materials that signal transparency (glass) though consider its possible negative
effects relative to security concerns resulting from being observed.
Research Method:
• This referenced position paper is grounded in a review of literature about the history of
the English courts, focusing on the role and responsibility of the public as witness and
participant.
• The Court Standards and Design Guide (Guide) by the Department for Constitutional
Affairs (2004) is reviewed in context with its prescriptive approach as an influence on the
marginalization of the public.
• Modification of participants’ behavior and courtroom process and procedures are reviewed
in context with design parameters and zoning guidelines.
Adapted From:
• Author: Linda Mulcahy, Birkbeck, University of London, UK.
• Title: Architects of Justice: The Politics of Courtroom Design
• Publisher: Sage
• Publication: Social & Legal Studies
• Publication Type: Refereed Journal
• Date of Publication: September 2007
• ISSN: 0964-6639
• Volume: 16
• Issue: 3
• Pages: 383-403
• DOI: 10.1177/0964663907079765
Summary Credits: Caren Martin and Denise Guerin
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