LAWS1021: Court research report The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to …show more content…
Other cases that were observed through court visits further emphasised the nature of the judicial process in the Local Courts. The summary proceedings served in a number of cases to emphasise the triviality of the process. Cases involving minor offences such as traffic offences and petty theft were particularly trivial however other cases such as domestic violence and minor assault charges were not so inconsequential. They were of particular importance to the parties involved and it is thus important not to overgeneralise the process of the lower courts to being mere triviality. Whilst in the local courts there was an emphasis on speed and efficiency, this did not automatically mean that strict legality was disregarded. The importance placed on evidence and onus on the prosecutors in providing proof upheld important elements of the criminal justice system. Higher criminal court – Ideology of Justice On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The
The Victorian Court System was made up of many different parts, including the three different courts, the different juries, and the lawyers. There were three different courts: the Petty Court, the Assize Court and the King’s/Queen’s Bench. Each of the three courts functioned to serve a different purpose, and worked together to hold all of the trials. There were also different court sessions, which included Petty Sessions, Quarter Sessions, Borough Sessions, and City Councils, all of which served different purposes. In addition to the courts and court sessions, there were also the two different juries and the different lawyers. All of these components of the court were very important to the trials, and made the court what we know it as today.
The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.
We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case.
The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other
It was a gloomy Tuesday morning in Camden on March 18, 2014. Spring break had just began and the free time to do the court observation. The Superior Court of New Jersey had begun a civil action court case that was fairly controversial over how to distribute ones pension to their spouse when filing a divorce. When arriving upon the court house, the whole entire environment surrounding the court was very authoritarian. It seems that the court rooms and such are always located where most of the town’s governing takes place, whether it is just a municipal court, or the superior court just as this one. Before arriving, the presumption was that the court house would like every other court house, big building with large marble stone pillars in
The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.
Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
In the course preserving the law and order, the effectiveness of the system designed to administer justice cannot be over emphasized. Faith in the adjudicatory system by the populace is often underscored by the satisfaction the populace derives from it in terms of its administration of justice. Hence it is pertinent to analyze the approach certain countries are employ in their respective adjudicatory process.
Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:
On Friday, April, 4, 2014, I observed the Vanderburgh County Superior Court to observe different family law cases. The cases I heard involved contempt of court for failing to pay child support, failure to appear for a court appointed drug test, birth certificate affidavit, request for contest hearing time, and an issue of paternity case. Magistrate Judge Sheila M. Corcoran was presiding over the family court hearings. When entering the courthouse, I was greeted by security and advised to remove any cell phones, and/or, any other items that would trigger a metal detector. After this, I proceeded straight to look for the family courtroom. After roaming around mindlessly for a couple minutes, I decided to ask the courthouse officer monitoring
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
ON 09-03-2016 at 0930 hours, I was notified by Sgt Kelley of an aggravated battery which occurred at 2111 Roanoke Springs Drive. I was advised to respond to St. Joseph’s Hospital (South) at 6901 Simmons Loop in Riverview. Upon my arrival, I met with Sgt. Kelley, Deputy Karpenske # 249578 and Crime Scene Tech Dewitt. There was a black 2013 Nissan Maxima bearing Florida tag, DGV F36, parked in the emergency room parking bay. I learned the suspect, Joanna Lebrea Lewis had driven the car to the hospital for treatment of the injuries sustained during the offense. It was learned that verbal consent had been obtained from both the victim and suspect to search their residence and vehicle. It was also learned the victim, Marieio Denod Spradley,
Magistrates ' Courts tend to be less intimidating and easier to understand, influenced by the use of lay people,
Explain and critically consider the use of lay magistrates in the legal system of England and Wales.