Criminal Law Court Observation

1642 words 7 pages
Show More
Court Observation Report
1. Introduction In the Australian legal justice system, with the increasing demand to expand summary jurisdiction, there has been a controversial issue as to which process is more appropriate to deliver justice to public as well as litigants; efficiency process or due process. While the former focuses on informality and efficiency, which requires judicial officers to struggle to manage limited time created by long case lists, the latter emphasizes formality and due process, which is commonly seen on higher courts. Grounded on the characteristics of respective courts mentioned above, this observation at the New South Wales Local Court and Supreme Court during three days aimed at comparing one proceeding with the …show more content…

However, no matter how long the delay continued, the Justice emphasized ‘due process’ more than ‘efficiency’, ensuring that fundamental rights are protected in those processes.

4. Conclusion
As coming back to the fundamental question – which process is more proper and helpful to keep people living in justice in society - it could be said that the more idealistic out of the two models might be due process in that all cases put before the court would be able to be examined thoroughly for the utmost fairness to accused people by the judges. However, it is not, in fact, desirable, and even meaningless, to seek to identify the answer to the question, not only since both processes, based on their respective roles - efficiency and due process - are respectively imperative to embody justice in the society, but also it is nearly impossible for the courts to treat all the cases only by due process, considering the reality that a significant number of cases are brought before courts. Only in harmony with the two processes will justice be realized.

Appendix
Wednesday March 16 2011 Local Court, Downing Court Centre
10:00 am – 16:00 pm Courtroom 4.6
R v Cannon held a hearing. Several witnesses were called for to the witness box, including a policeman. In the middle of the hearing, two cases were brought before the magistrate, which was sentenced in 3 minutes.

Wednesday March 23 2011 Local Court, Downing Court Centre
10:00 am – 16:00 pm

Related

  • Criminal Justice and Security Goals and Challenges
    1446 words | 6 pages

    state, and local law enforcement agencies differ in what they can each handle. As a whole, they have the objective to protect and serve the public, but separately, each branch, federal, state, and local handles their own sections of the government services. For example, the federal law enforcement agencies have goals and objectives that involves the protecting of our border, making sure that we are enforcing customs regulations, as well as upholding immigration laws. The state law enforcement goals….

    Show More
  • Exclusionary Rule
    1753 words | 8 pages

    examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but, the true meaning as well as the exceptions. There are also a number of cases mentioned throughout the paper that have played….

    Show More
  • Police Requirements for Certain Tasks
    1233 words | 5 pages

    When the police officers saw the same car, they possessed probable cause to stop and search the vehicle. Although the Fourth Amendment states that no warrants will be issued unless there is probable cause, the reality is that the Supreme Court has determined that a warrant is not a usual requirement of a vehicle search; this is because of the mobility of vehicles and jurisdictions. A police officer may make a limited warrantless search of moving vehicles in the absence of any probable….

    Show More
  • Fourth Amendment Search and Seizure
    1011 words | 5 pages

    The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant….

    Show More
  • Article 92 - Good Order and Military Discipline
    2609 words | 11 pages

    all servicemen with the order and rules prescribed by laws, military regulations and orders of commanders (superiors)." Military discipline is a special form of military relations. Its specifics lie in coordinating the conduct and actions of military personnel and in serving to establish such relations as are required for successful joint activity. The conduct of servicemen is regulated by special rules and standards of behavior set forth in laws, military regulations and orders of commanders (superiors)….

    Show More
  • Warrant Draft
    1768 words | 8 pages

    -------------------------------- IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT I, Officer Steve Jones, of the Metropolis Police Department, the Affiant, being duly sworn, request the issuance of a Search and Seizure Warrant and states as follows: 1. APPLICATION AND VIOLATIONS OF LAW: The Affiant hereby makes application to Judge Barry Moredock, a judge of the Circuit/District Court for Chesapeake County, MD for a Search and Seizure….

    Show More
  • Jury Trial Analysis
    943 words | 4 pages

    Jury Selection, Trials and Constitutional Rights The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging….

    Show More
  • The Human Rights Act and Anti-Terrorism in the Uk: One Great Leap Forward by Parliament, but Are the Courts Able to Slow the Steady Retreat That Has Followed?
    17817 words | 72 pages

    Public Law 2010 The Human Rights Act and anti-terrorism in the UK: one great leap forward by Parliament, but are the courts able to slow the steady retreat that has followed? David McKeever Subject: Human rights. Other related subjects: Administrative law. Criminal law Keywords: Administrative law; Freedom of expression; Inhuman or degrading treatment or punishment; Terrorism; Torture Legislation: Human Rights Act 1998 Counter-Terrorism Act 2008 Terrorism Act 2006 Anti-terrorism, Crime and Security….

    Show More
  • Commercial Liens - a Potent Weapon
    32369 words | 130 pages

    David | |DeReimer, and the various lien authors, for providing some of the content] | |(Applicable To The U.S.A.; Adaptable For Some Other Countries) | |Common Law Copyright, 1995 by Build Freedom Holdings | |All Rights Reserved. |….

    Show More
  • PSY 305 Week 1 Exploring Psychology Careers
    1113 words | 5 pages

    are in high demand. Forensic psychologists work in numerous job settings including private practices, government, military, academia, prisons and psychiatric facilities.” Forensic psychologists work in a wide range of settings. They may testify in court in a personal injury suit about how someone’s life was affected by the injuries they sustained. They may also assist veterans in their transition to life after war. Forensic psychologists might work on cases involving child abuse or be the one that….

    Show More

Popular Essays