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Observing court papers
Observing court papers
Court case observation paper
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My report on court observation involving Criminal matters focuses on two Courts I visited. On Tuesday 1st August 2017, between 9am and 1pm, I visited Townsville’s Magistrates Court and Supreme Court. The court visits for CRM101 are an essential learning experience to get a full understanding about how the Australian court system operates. Learning hands on what has been taught through lectures and readings; being able to observe the proceedings and surrounding to get a better understanding. This report focuses on the differences I observed between the two courts. How each court operates, their layout and seating structure. Also, the different traditions carried out within the two different levels of hierarchy.
In the Court system, there is
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I walked towards the two enormous buildings located side by side. I came to a sign giving directions to the different functioning courts within the courthouse. COURTS OF LAW
Supreme Courts 1 & 2 ↑D Magistrates Courts 1-5 ↑B
District Courts 3 & 4 ↑C Magistrates Courts Registry ↑A
Supreme Court 5 ↑B Registrar Births etc. ↑A
Supreme Court Registry ↑B Magistrate Court Fines ↑A
Persons Reporting for Jury →B Electoral Office ↑A
Service proceed to Level B →B
I headed into the Supreme Court building first. At the door, security guards and scanning devices confronted me. Was like a visit to the airport, I had to unpack all my belongings into a container before walking through the scanner. The security guard waved his wound over me; gave me the all clear. Standing there lost, I asked the security guards if the public could watch a case today. He directed me to a white sheet on the wall stating all the cases being heard that day. He said if the sign above the court says OPEN, I am right to go
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He wore a black business suit. They look after the jury, call witnesses to the stand and administer the oath or affirmation. They also announce the beginning and end of court sessions and call upon the defendant when the judge is ready. The jury was sent home; case after hearing was adjourned. I didn’t get to see the jury in action.
To the far left near the Judges bench was the Witness stand. This is where the witness sits to give evidence to support their version of events. The court also has expert witnesses to help with cases. They provide their expert opinion on an aspect of the case based on their expertise and training in that field of question. Behind the witness stand was a large flat screen television. This can be used in cases where witnesses are too scared to give evidence in front of the court room. Usually in sexual assault cases. It’s also used for witnesses giving evidence from another location that cannot attend court.
To the left of the court near the witness stand was a seating area of twelve; in two rows for the jury. The jury is made up of twelve people selected at random from the community. They decide if the defendant is guilty or not guilty in a criminal
This chapter is mainly devoted to the jury selection process and how it is taken care
The modern US version of a jury derived from ancient English law. It is said in the early 11th century, William the Conqueror brought a form of a jury system from Normandy that became the basis for early England’s juries. It was constructed of men who were sworn by oath to tell the king what they knew. King Henry II then expanded on the idea by using a group of white men with good morals to not only judge the accused, but also to investigate crimes. King Henry II had panels of 12 everyday, law abiding men; this aspect of it is much like modern juries. The difference is that these early jurors were “self-informing”. This means that they were expected to already have knowledge of the facts that would be presented in court prior to the trial. King Henry II’s first jurors were assigned the job of resolving the land disputes that were occurring in England. ...
judges are sitting in front of the podium. They seat the accused in between the two front
In our society today citizens play a vital role in the legal system by serving as jury. A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment (Wikipedia). 12 citizens are selected to serve as jury on a particular trial. In the movie, “12 Angry Men”, 12 ordinary citizens were called to serve as jury in a case to decide the verdict of a murder trial. I’m choosing these three jurors on my legal team based on their character and contribution during the jury trial as portrayed in the movie. They are juror number one, Martin Balsam, juror eight, Henry Fonda (Davis) and juror 11, George Voskovec.
When we arrived at the location, we struggled to make sure we were parking in the correct location. The sign at the nearest parking lot said the parking was for “court business”. We weren’t sure what “business” was defined as. To ensure we were in the correct place we called the courthouse for confirmation. Walking into the courthouse was intimidating. There were two security guards
A jury is defined as “a body of persons legally selected and sworn to inquire into any matter of fact and to give their verdict according to the evidence” by Webster(2004). It differs from a bench trial, in which a judge or panel of judges makes all decisions. Nowadays the jury system is very popular in almost all of the common law legal systems, so that people of those countries can make sure that the case would not be judged only by one’s personal willing or prejudice.
The architecture of the courtroom establishes clear power disparities within the courtroom setting. The physical dimensions of Courtroom 5.1 were organised in such a way that the hierarchal nature of the court is visually clear from the moment you step into the room. The stratification of power amongst the courtroom actors is displayed through the ‘structural elevation’ of the seating (Carlen, 1976, pp. 50). The magistrate is seated at the uppermost level at the bench facing the defendant, solicitors and public gallery. This particular positioning demonstrates pre-eminence which allows com...
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
A jury system inquires fairness in a court case. A jury is “A group of citizens called to hear a trial of a criminal prosecution of a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser” (Law.com Legal Dictionary 2014). As a jury member they are obligated to tell the truth and give an honest response. The jury system randomly selects 12 people for each court case. Once you are 18 years old and registered you can be selected for jury service. There are two categories of people who cannot serve and that is people who are excluded from the jury roll and who are exempt from jury service (NSW Government 2014). Those who are excluded are people with criminal convictions and who hold high positions in public office. Those exempted are due to their employment (NSW Government 2014). As a jury member you are expected to dress appropriately, be honest, and give fu...
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness for the Prosecution” was the use of the adversary system. Both sides of the adversary system were flawlessly protrayed when the prosecution and defense squared off in the courtroom.
Juror#12 was the peacemaker of the group. When he sees’s others fighting, he tries to break them up and solve the problem. He goes around and talks with some of the jury’s, but they all ignore him. His first vote was that the boy was guilty, but after listening to what guy number 8 had to say he changed his vote.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. Different courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberate, and come up with a judgment on it. The criminal case is different from the civil cases, especially when it comes to the court layout. In this essay, I will explain how I experienced a courtroom visit and the important issues are learnt from the visit.
Witnesses are often called before a court of law to testify in trials and their testimony is considered crucial in the identification and arrest of a suspect and the likelihood of a jury convicting a defendant.
They must come to a unanimous decision. Jurors discuss their points of view and Juror #8 questions the two witnesses that supposedly heard and seen the young man killing his father. After heated deliberation, the vote was unanimous and the young Latino man was declared not guilty. Organizational Behavior Exhibited in the Movie 12 Angry Men Juror #8 did not subscribe to the idea of groupthink.