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Court observation paper
Court observation paper
Court observation paper
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Introduction:
This report will illustrate a three hour court observation concerning a trial of a Rape case. The defendant was under trial for two counts of rape under the District Court of South Australia. The district court which is an intermediate court, hear matters that are more serious than the magistrates courts, “this court also conduct trials that are presided over a judge and sometimes with juries”. (Reference)
The observation was completed on the 26th of April 2018. The Court room was very quiet like it was a church and it remain quite until the end of the trial. I came earlier, and I had a chance to speak to the Court officer, I introduced myself as a student, I showed the letter given by the university and asked the officer if I could take some notes, he agreed to take notes as it was an
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The prosecutor and the barrister representing the defendant were already there sitting in the middle of the court just in front of the gallery, the defendant was sitting at the gallery with his supporters behind the barrister. The court reporter and the Judge’s associate was sitting just below the Judge’s bench facing the gallery. Before the Judge was called, the accused was called to the bar with glass windows located to the left side of the court, alongside two other court officers, the Judge Arrived and the Judge associate ask everybody to rise and bow to the judge and the court name was announced, then with the name of the trial of Queen Vs the Accused. Everyone was asked to be seated and the Judge brought up the summary of the discussion from the last trial. The judge then called the Juries, the fifteen juries were seated at the Jury
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
As one of the seven jury deliberations documented and recorded in the ABC News television series In the Jury Room the discussions of the jurors were able to be seen throughout the United States. A transcript was also created by ABC News for the public as well. The emotions and interactions of the jurors were now capable of being portrayed to anyone interested in the interworkings of jury deliberations. The first task,...
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
Holten, N. G. & Lamar, L. L. (1991). The Criminal Courts Structures, Personnel, and Processes. Florida: McGraw-Hill, Inc.
Taylor, N. 2007. ‘Juror attitudes and biases in sexual assault cases’, Trends and issues in crime and criminal justice, no. 344. Australian Institute of Criminology.
Syme, D. (1997). Martin Bryant's Sentence- What the judge said, Retrieved 5 July, 2003, from http://www.geniac.net/portarthur/sentence.htm. 7. The Australian Encyclopaedia.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
... Cat. I am a cat. No. 4510.0, [ONLINE] Available at: http://www.ausstats.abs.gov.au/Ausstats/subscriber.nsf/0/2EFA897EF863196CCA2575CA00146304/$File/45100_2008.pdf, [Accessed 13 April 2011]. Taylor, N 2007, ‘Juror attitudes and biases in sexual assault cases’, Trends and issues in crime and criminal justice, no. 1 (pp. 113-117).
From the aforementioned cases, it is evident to see that the Australian legal system has not always been fair and just, however, over time it has been shaped and moulded to clearly represent what is now considered to be fair and just in our society. From the procedures and presumptions of how the legal system is administered to the law and regulations which determine what is the crime and punishment – these are based on the transparency, equality, freedom from bias, human rights, and established set of rules adhere to the justice and fairness of the legal system.
judges are sitting in front of the podium. They seat the accused in between the two front
In this court there were three different choices. One choice was trial by fire which the accused had to pick up a red hot iron bar and leave court. After three days they had to return to the court and the bandages were removed. If the wound started to heal they were innocent but if it did not heal they were pronounced guilty. Ordeal by water was when the accused had their hands and feet tied together. They were then thrown into water. If they floated they were guilty but if they sank they were innocent. Finally trial by combat was were noblemen would fight (usually to the death) with their accuser and the winner would be crowned right.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
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...
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
Problems With Rape Trials * It is proposed to replace the current s.38 of the Crimes Act