Analyzing Due Process in Brisbane Supreme Court Hearings

On the 10th and 14th of August, two sentencing hearings were observed. The two hearings were held at the Brisbane Supreme Court and lasted approximately three hours in total. This essay will describe the events that occurred during both trials, while critically discussing the aspects of the hearings and linking elements to the due process and the crime control model. Overall, both trials contained more aspects of the due process model than the crime control model. This can be seen in the manner the trials were conducted in, and the emphasis of upholding the rights of the accused.

The trials that were observed were both sentencing hearings. According to Sarre (2012, 445), a sentencing hearing occurs after the accused has been found guilty of the offences and is awaiting the judge to determine their sentence. Both of the trials observed were considerably long for a sentencing hearing even though all parties had been found guilty of their offences. The trials ran for approximately one and a half hours each. The length of the second trial could be explained by the defendant’s lawyer behaviour as she was

Due process could be witnessed in the court upholding the rights of the accused as legal representation was present at the hearings as well as allowing two of the accused to receive a psychiatric report before receiving their sentences. It was further reflected in the judges beliefs about early criminal justice actors. The crime control model was reflected in the swift manner the first sentencing was conducted in. It can also be seen in the overall aim of the sentencing, which was to ensure the safety of the broader community by punishing the individual for their actions. Overall, the manner in which the trials were conducted, allowed for all of the participants to receive