Day-To-Day Realities of Criminal Proceedings in the Downing Centre Local Courts

Introduction Empirical research consisting of simple observation of the day-to-day realities of criminal proceedings in the Downing Centre Local Courts, and the completion of systematic fieldwork notes intends to address the complex nature of justice. With specific regard to the operation of the local court system and its key players, the impact of the criminal justice system on those who are socioeconomically disadvantaged and particularly those without legal representation, and the issue of whether justice is achieved. The discussion of whether justice is achieved will draw upon the assertion of a post-adversarial justice posed by Freiberg (2011) and the concept of judgecraft considered by Mack & Anleu (2007).

Background Pat Carlen’s 1976 sociological study of the Magistrates Courts in England and Scotland revealed, through observational analysis, the specific spatial and temporal conditions that contributed to “a disciplined display of justice” (Carlen 1976, cited in Brown et al. 2006, p.161) in which a lack of legal astuteness and knowledge of the formality of the courtroom impede justice.

Specific observational research conducted by Mack & Anleu (2007), within the context of the courtroom, aimed to examine the judgecraft exerted by and at the disposal of the judicial officer to actively, in contrast to the traditional notion of passivity afforded to judicial officers, manage their case lists...

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...ries/1996-99/legalaid/report/c07.htm>.

Freiberg, A 2011, ‘Post-adversarial and post-inquisitorial justice: Transcending traditional penological paradigms’, European Journal of Criminology, vol. 8, no. 1, p. 82-101.

Kellehear, A 1993, The Unobtrusive Researcher: A Guide to Methods, Allen & Unwin, Chapter 7, p.115-138.

Kennedy, R (ed.) 2008, Allied Health Professionals and the Law, The Federation Press, Sydney, p. 9-22.

Mack, K & Anleu, S 2007 ‘Getting Through the List: Judgecraft and Legitimacy in the Lower Courts’, Social & Legal Studies, vol. 16, no. 3, p.341-361.

New South Wales Bureau of Crime Statistics and Research 2010, New South Wales Local Courts Summary statistics 2006 to 2010, New South Wales Bureau of Crime Statistics and Research, viewed 7 August 2011, < http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/pages/bocsar_court_stats>.