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Courtroom psychology
Observation in a courtroom
Observation in a courtroom
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On Thursday, November 17, 2016 I went to the Watauga County Courthouse and observed a criminal court case. That day there was only thirty-five cases on the docket, so it was a less-busy day compared to most days in criminal court. For instance, the Thursday before there were one hundred sixty-three cases on the docket. Since it was going to be a quick day, I decided to arrive around 10:00pm to skip the roll call and the usual wait. I was checked in quickly, and even though the metal detector beeped on me, the officer still let me go without further checks. I could even bring my cell phone in. When I got inside, I was surprised by how fast everything went. When I walked in a trial was taking place involving a child support case. For a minute, …show more content…
I was really impressed with the way they handled everything. They did roll call and they did it in a way I have never seen before. As they went through the roster, the prosecutor asked everyone to reply if they had an attorney or not and if they did have one they should state his/her name or ask the court to appoint them one. They could also reply ‘guilty’ if they would like to plead guilty, request a new court date to come back at a later date, or comply if they had a traffic violation fee to pay or they have proof they obtained a valid driver 's license. There were so many people there for traffic violations, and it always is. After all, 44% of the contact people have with the legal system comes from traffic stops, leading to a congested court system (Corley, 240). Most of the traffic infractions were settled with a small fine, as most are settled that way. It is easier for people to go ahead and pay the fines rather than linger on in and out of court (Corley, 246). This costs more time and money than what is actually needed. The 1979 book written by Malcolm Feeley called, “The Process is the Punishment” shows us how the legal process can be more a punishment than just ‘getting it over with’. Once they stated what their intentions were and the court cleared out of everyone there for traffic infractions, the rest were made to sign affidavits and I am guessing this is so when they come back to court they can not change their minds again, thus extending the period they have until they face the
At the time of trial, Mr. Wardlow tried to suppress the handgun as evidence due to the fact that he believed the gun had been seized under an unlawful stop and frisk that violated his Fourth Amendment rights. The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a showing of probable cause in order to obtain a warrant before conducting such searches. “In a trial motion to suppress the gun, Wardlow claimed that in order to stop an individual, short of actually arresting the person, police first had to point to ‘specific reasonable inferences’ why the stop was necessary.”(Oyez, 2000) Recognizing that an investigati...
Gant was arrested by Arizona police because he was driving a vehicle with a suspended license. While he was being handcuffed, officers searched his vehicle and found a gun and a bag of cocaine. During the trial, Gant petitioned to suppress the gun and cocaine because the police didn’t serve a warrant to search his vehicle, in violation of the Fourth Amendment’s prohibition of unreasonable searches and seizures. Prior to the Supreme Courts opinion on this case, Arizona vs. Gant, it was standard practice for police to conduct a search incident to arrest of the passenger compartment of a vehicle. The justifications for the search incident to arrest are to allow police to secure any weapons that the arrestee might seek to use to resist arrest or escape and preserve evidence. This case is a decision holding that the Fourth Amendment to the United States Constitution requires law enforcement officers to a continuing threat to their safety posed by an arrestee, in order to justify a warrantless vehicular search conducted after the vehicle's recent occupants have been arrested and secured. ...
This event overall was very quality. They loaded the auditorium with people as a judge sat on the top of the stage. They escorted in a :criminal” in. Later we would learn he was a drunk driver. He had killed an innocent teen, and injured two others. The girls parents are testifying against him for the murder of their daughter.
This movie really tied everything we’ve been discussing in class and seeing it unfold was actually really eye opening. I found it important going forward to make sure I do not fall into that tunnel vision mentality and to make sure I follow the evidence rather than fitting the suspect to the evidence. Again, I found it interesting like in the Norfolk Four case and in the Central Park 5 case police neglected to look at surrounding crime areas to see if any other cases matched the same modus operandi. If the police did look at surrounding cases they would have established a link between previous assaults and the assault that took place in the park that night. I was amazed how the detectives did not connect how each of the confessions varied by who did what and how they attacked the victim. It was Korey Wise in the video that kept putting up his hand when asked how big was the rock and he was just moving them back and forth. Police also neglected to look at the attack patterns of where the group first was hassling people in the park. They would have found that the boys were at one end of the park, while the victim was being attacked and there was no way they could have been in two places at once. I also found troubling during the time was the media portrayal of the Central Park 5, how they were painted as vicious young men, who brutally attacked a harmless white women. Even after each one of them was exonerated from the crime the media still portrayed them as vicious men. As we discussed in class, I think a lawyer like a magistrate should be available 24/7 when it comes to juveniles, because I believe that this five did not know their Miranda Rights and what they were entitled. If they knew what their rights were I believe the confessions never would have happened and none of them would have gone to
...rrests for all sorts of relatively minor offenses unaccompanied by violence, including, among others, night walking, unlawful game-playing, profane cursing, and negligent carriage-driving. The Supreme Court has acknowledged that the court has had little to say about warrantless misdemeanor arrest authority; however in what little they have said they have focused on the circumstance that an offense was committed in the officer’s presence, to the omission of any reference to a breach of the peace limitation.
There many levels of intrusion when it comes to stop and frisk. The first level of intrusion is a method to request evidence, allowable only when there is an objective believable reason for an intervention. Police do not necessarily need to suspect criminal activity. The second level of intrusion is known as the common-law right to inquire and is permissible only when the officer has a founded suspicion that criminal activity is afoot. This is a larger intrusion since the officer can interfere with a citizen in an effort to gain explanatory information. However, at this level the intrusion must fall short of a forcible search. The third level of intrusion is sanctioned when an officer has a reasonable suspicion that a particular person has committed, or is about to commit an offense or misdemeanor. At this level, an officer is also authorized to make a forcible stop and detain the citizen for questioning. Furthermore, an ...
“I think there’s just one kind of folks. Folks” (Lee 304). Harper Lee is the renowned author of To Kill a Mockingbird which was inspired by the real events of the Scottsboro Trials. Throughout her novel, Lee indirectly references the case by creating characters, events, and symbols that resemble and contrast the case. These elements allow the novel to emerge with a more realistic and historic plot. In particular, the similarities and differences between Judge Horton and Judge Taylor, Victoria and Mayella, and the atmosphere of the courtroom are most prevalent. By examining these components one will be able to respect the historical features present in Harper Lee’s fictional literary phenomenon, To Kill a Mockingbird.
The Fourth Amendment provides people with the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Courts have long recognized that the Fourth Amendment protected individuals from unjustified police intrusions into one’s person, home, car, or other possessions, but few practical protection mechanisms existed. To preserve these constitutional guarantees, the Supreme Court established standards by which police officers must abide. One such protection is the probable cause — a belief that the person committed, is committing, or is about to commit a crime. In order to uphold an arrest or seizure, courts require probable cause combined with either a warrant or circumstances requiring immediate action.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
My first exposure to the criminal justice system was while in high school when I was fortunate to be chosen for an internship with a District Judge John Vance in Dallas, Texas. Judge Vance made certain I had a rich and varied experience. He had me to sit in on several high profile cases in his court and to participate in preparing cases for trial with a prosecutor and defense attorney. In addition, he encouraged me to visit other courtrooms and courthouses to observe the proceedings. This along with him coordinating visits at local jails and law enforcement agencies gave me a broad and well-rounded perspective of the criminal justice system. I recall fondly, sitting in on closing arguments at the federal courthouse; the prosecutors practiced
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.
For my court ethnography I observed plea, bail, and family court in the city of Milton. However, it was called the Ontario superior court of justice. When I first entered a court it looked exactly like what I had seen in movies. The court setup, the vernacular used, and the customs of the court employees were exactly like what mainstream media has displayed to the public over the years. Entering the court, symbols of justice were exhibited everywhere in the courtroom. In the courtroom all kinds of cases were occurring, and people from all types of backgrounds were involved. Observing the inner workings of our justice system gave me invaluable insight on how law and order is preserved in our society. Furthermore, I also got to witness the specific
Overall, I think that this experience was a great way to see how law and society interact with one another in order to bring order and conformity to the community. I was interesting to see how in the post-arraignment the threat of a more severe punishment as a deterrent is used to keep individuals from getting into further trouble with the court. It’s apparent that the use of the justice system will always be needed in order to keep order in a continuously changing society and spending just a couple of hours at the courthouse is a great way to learn about what behaviors society finds to be unjust and in need of reprimand.
Fortunately, the judge said they could go under-house arrest. “At least we are at home.” “Well I’ll miss school and you’ll miss work!” Their friends got together to protest for the judicial branch to be impartial- Lately, unfair laws have been being passed. The peaceful protestors got fines like no tomorrow and Aidan and his dad were still arrested. “In school before I got arrested, I learned that rights are made so that they can’t be violated. But look at us now.” Aidan’s mom came over and turned on the news. “This just in- 13 year old and father arrested for driving! Government reviews trial. We go interview the court members in their trial.” “Hey, it’s those mean court scum!” “Aidan what did you do?” “I drove a car, tell her dad!” “Your honor, why did you not let these men have a fair trial like everyone else?” “Well they broke the law and they need to be punished for that and that’s final!” “But sir, it’s not! Amendments 4-8 have been violated, what do you say about that?” “if you put it that way, I guess I am wrong. I hereby issue a seizure warrant to all police to take all criminals arrested today to court!” “Hey guys I guess you’re off the hook!” “I guess so. See you later
In Intro to Criminal Justice class, I had the opportunity to learn about the Criminal Justice System more thoroughly. I learned that there are three components that make up the Criminal Justice System such as the courts, law enforcement, and corrections. Each component has its own role in making sure the the Criminal Justice System is functioning properly. If one of these components are not efficient the Criminal Justice system will not be as strong as it could be.