We started the course today with a look at the film, The Star Chamber, which deals with Judge Hardin (Michael Douglas) as an idealistic Los Angeles judge who is frustrated when the technicalities of the law prevent the prosecution of two men who are accused of raping and killing a 10-year-old boy. Judge Hardin joins a modern-day "Star Chamber", group of judges who identify criminals who fell through the judicial system's cracks and then 'do something about them' by issuing appropriate sentences for the crimes committed. All of this, of course, occurs behind closed doors in secret and outside the parameters of legalities in our modern-day society.
The term "Star Chamber" comes from an old English Court of Law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors as well as common law judges, and it supplemented the activities of the common-law and equity courts in both civil and criminal matters. The court was set up to ensure the fair enforcement of laws against prominent people, those so powerful that ordinary courts could never convict them of their crimes. Court sessions were held in secret, with no indictments, no right of appeal, no juries, and no witnesses. Evidence was presented in writing. Over time it evolved into a political weapon and became a symbol of the misuse and abuse of power by the English monarchy and courts.
It was mistakenly thought that in 1487 an act was passed which established a special "Court of Star Chamber" to deal with the nobles; however, the only legislation passed in that year in this context was to set up a tribunal to prevent the intimidation of juries and to stop "retaining", i.e. the keeping of private armies by persons of rank. It seems to have gone out of use by 1509 and it had no connection with the later Court of Star Chamber whose primary purpose was to hear political treason and libel cases.
In modern usage, legal or administrative bodies with strict, arbitrary rulings and secretive proceedings are sometimes called, metaphorically or poetically, Star Chambers. This is a pejorative (negative) term and intended to cast doubt on the legitimacy of the proceedings. The inherent lack of objectivity of any politically motivated charges has led to substantial reforms in English law in most jurisdictions since that time.
Clearly there are connections between the idea of the old Star Chamber of England and the depiction in the film of the administration of justice, or rather, because of what we call "legal technicalities", the lack of administration of justice, especially in serious criminal cases.
