Whether the court differed from your expectations and why
The court differed from my expectations in a number of ways. First of all, I observed that everyone spoke in a monotone voice. Secondly, the interactions observed with the prosecutor and defence lawyer, in court 2, was surprising to see that the prosecutor agreeing with defence lawyer submissions and had no objections. This shown that the defendant was being treated fairly. Finally, the language used by the Magistrate and both parties, were very formal, straight to the point. This impacted the accused person in both court sessions due to the fact it was hard to follow the proceedings. As well as, not clear to who the Magistrate was talking to at times.
The atmosphere and practicality
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In each court it was different. For example:
Court 1: The atmosphere of the court room was intense and stressful. One of the first things you notice is how quiet and cold the room was. Although, it was intimidating due to how formal and professional everyone was.
Court 2: The atmosphere was a little altered then court 1; Although, it was still a cold and quiet room. There was a different presents and this was due to noticing the four police men sitting in the room. The atmosphere became tense and serious, when the accused was escorted into the room by correctional services officers and towards the docks, which is where accused sits.
Features, contrasts and apparent effectiveness, or otherwise, of interactions between various participants in the legal process, such as the Magistrate, Prosecutor, solicitors, represented and unrepresented parties, and court officers;
The features of the court room consist of brown wooden benches and tables. Also, the coat of arms of New South Wales is mounted behind the Magistrate. The Magistrate bench was raised, above the rest of the court room. The court room also had speakers and microphones and a TV for video
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It consists of the Magistrate making very little eye contact with both lawyers and prosecutors. However, eye contact was made with both accused, while Magistrate gave their rulings. This observation of eye contact seems to be effective, while both lawyers and prosecutors gave their submissions to the Magistrate, there was no eye contact. However, the Magistrate was thumbing through the small piles of paper on the bench and writing on them. Therefore, made little time for eye contact to be made. Once the decision was made, the Magistrate, in both courts, looked directed at the accused and ordered them to stand. This observation was that the Magistrate maintained the eye contact right till the end of the sentencing that was given. This was effective as it shows the accused that was being serious but at some points was empathic towards
Court room television shows and video games shave led people to think that trials should be exciting and speedy. Lawyers are now hiring illustrators, visual artist and graphic designers to transform piles of documents into sound and images. Technology to do such tasks is now at a much lower cost, making it affordable for almost any size case. Brian Carney was a former prosecutor and he noticed that jurors did not understand the evidence
judges are sitting in front of the podium. They seat the accused in between the two front
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.
Courtroom 302 is one of the busiest courtrooms in the United States and that isn’t always the case, but the processes are still the same. According to our textbook, (Neubauer, D.W. & Fradella, H.F., 2017, p. 13) “The overwhelming majority of crimes involve burglary and theft.” Which Courtroom 309 gives many cases that involved some sort of theft or robbery, like the case that mentioned earlier. It also gives a great representation of the flaws that our criminal justice system
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.
For the court observation assignment, I visited the Tolland County Courthouse. I went to court on Tuesday April 4th, 2017 from 11am to 12:30pm. The matters I observed in the courtroom regarded a restraining order from an ex-girlfriend to her ex-boyfriend. The details involved in the case included the welfare of their three-month-old baby and the custody battle.
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...
a relationship to the courtroom and his cell, but also connected to the geographical setting of the
“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.
From the moment we walked in, I felt fairly excited and I noticed a big sense of tension in the room through the visitors and in the witnesses. This was my actually my first time inside of a public courtroom so it was something very new to me. For such a large and highly reported trial, I expected the courtroom to be bigger or to at least contain more seating area for spectators. When we arrived, Ybarra’s mother was just taking the stand to testify and be questioned by one of the prosecutors. The state was questioning and focusing a lot on how he felt and acted leading up to the day of the shooting and on the day of the shooting.
For instance, these magistrates were known citizens in the local area, not trained professionals. This sets up the whole legal system to be unprecedented and essentially give the magistrates a free for all, the ability to do what they want to do with no reprimanding on their part. They were simply not held responsible for wrong doings, however were held so highly in the criminal justice system and had so much power. This is why it is not surprising that eventually, lawyers and trained professionals started to appear in the criminal justice system to give both sides an equal playing ground. Prior, whatever the magistrate said, simply was followed.
They were so calm, professional, and somewhat quiet, which I was not expecting since I've only ever seen or heard of lawyers on television or from news reports. The crown was wanting a slightly higher sentence, but his defense was trying to lower it. There was no avoiding punishment, just lowering it and both parties understood that. The judge mentioned there was a strong emotional victim-impact statement from this abused woman, which was confusing since after he was in criminal remand messaged him first. I guess there still is a love connection for her to contact him.
Farther down the hall I hear voices. The general court is in session. Inside the
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 case I sat in on was the District of Columbia vs. Thomas. The trial started when the judge walked into the room. I was somewhat surprised by the lack of punctuality, the trial started almost fifteen minutes late. While I was waiting for the judge to appear and the trial to begin I had some time to observe my surroundings.