Introduction: This paper discusses the observation of a court session held 6th August 2015, at Coo-ma Local Court, beginning at 9.30am. Although I observed three cases, the first two were very short so I have focused on the third case, which consisted of a dispute be-tween Cooma Council and a local grazier regarding a fine issued for negligent weed control. Observation of the Court building: Built in 1887, Cooma Court is a stone building consisting of a large entryway, the court room, waiting rooms to the side, and the Magistrate’s chambers at the back to the left of the court. As shown in diagram 1.1 below, upon entry to the court room, there are public viewing spaces along the back wall and upstairs. The upstairs was not accessible on 6th …show more content…
The strongest connection I made with a key concept within my course is the notion that some actions do not warrant punishment the same as others, even though both are breaking the law. It seemed to me the defence believed weed management was not a concern and he failed to see why he should be fined for failing to adhere to Council’s requests. Conversely, the weed control officer’s conviction is that weed control management is vital for the delicate ecosystem in the area and many people failed to understand the damaging effects weeds can …show more content…
I was somewhat surprised the Magistrate allowed the defendant to argue points irrelevant to the case to such an extent. The proceedings seemed fair as the defendant was given ample time and leeway to prove his case, as well as advised to change his tactics. The defendant attempted to argue the witness did not have the experience or knowledge to correctly identify weeds, however, in my opinion the witness proved otherwise. My final obser-vation was it seemed it would have been easier for him if he had just controlled the weeds as requested by council, or, if unable to do so, request assistance from council. It further became apparent that it may have been simpler to pay the $200 fine for failing to comply rather than going through the court process. As the Magistrate stated he had adjudicated over 400 cases relating to weed management, this case has taught me that weed management is a controversial
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
I think that the Loving cases was more about limiting the power of the state, when it came to regulating marriage. Then in the Windsor case I think it was about establishing that where state statute merge into the federal statutes. In the Windsor cases, Ms. Windsor and her partner where married in Canada and lived in New York. New York recognized their marriage. However, when Windsor’s partner died and left her money the federal government to 300, 00 plus taxes out of the estate. This happened because though the marriage was recognized by New York, it did not fall in line with DOMA (Defense of Marriage Act). DOMA defines marriage in federal law as ‘the union of one man and one woman.’ What I gathered from listening to the case was that if the state recognizes the
The first person to claim not guilty was charged with speeding. I tried to get as many of the details of the case as possible. The facts of the case were as follows: While driving on Bogus Avenue, the defendant was stopped by an Officer and was charged with violating CVC 22350. The charge was driving
A – Application of the Rule of Law to the facts of the present case.
Australian courtrooms are highly ritualised spaces where various long serving customs and traditions are strictly followed in order to constitute events of power, and also featured in the relative power relations. As was evident by the local courtrooms visited within The Downing Centre, the architecture, language, courtroom actors and spatial organisation demonstrate the numerous levels of power, of which are present. This usage of power is evident as visible through the relationships between the courtroom actors, particularly those between the judge or magistrate, the witnesses and lastly, the lawyers. These relations significantly highlight the disparity of power between these individuals. Simultaneously, the courtroom architecture of which is present also signals and represents the different levels of power during court proceedings. In addition, the use of legal jargon in one’s favour is also a worthy indicator of attaining this much sought after power aforementioned.
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.
Courtroom Observation Review of the 2008 2L Moot Court Tournament at the Liberty University School of Law
On Tuesday, September 20th I sat down in the Brookings City and County Court to observe just over two hours of court operations. The first case was a felony that took place on the 10th of August, 2015. The defendant was escorted to the center table and took a seat next to his attorney. The judge then stated the defendant’s crime, which was an offence of forgery. The defendant was read his rights, such as the right to an attorney, speedy trial, to remain silent, and so forth. The judge then described the case as where and when it took place. The defendant cashed a payroll check of $661.17 at Brookings Hy-Vee. The offender purchased a lottery ticket and some dog food, the rest was given in cash. All of this was caught on tape, and Hy-Vee notified
The Superior Court session I observed was an alcohol impairment case. The defendant in this case, had been found guilty in District Court, but had filed an appeal to the District Court’s decision.
Social Work is a complex and very diverse field with many options to work in. Many social workers find themselves going to court to advocate for their clients. Others may consider working with the court directly. As an observer of a court it is important to notice the individuals involved, the accessibility of the court, the parties involved, and personal reflections that one perceives.
For the purpose of this report, visits have been made to the Supreme Court of Victoria on Thursday, 3rd of March 2016. The Supreme Court is located at 210 William Street, Melbourne. The court visits are an essential experience for students taking part in law studies to further familiarise with the Australian court system through actual participation in court proceedings. This report will aim to provide a reflective discussion on the experiences and observations encountered at the Supreme Court visits and also the overall structural system of the court system. The court hearing which will be examined in this report is the trial of Fai Sing Yiu accused of stabbing a father of four to death at lunchtime in Melbourne’s Chinatown over a $24,000
In summary, on 07/27/17 at 2153, Ofc. Pater #213 and I were canvassing the area for possible offenders in regards to a Robbery, which occurred at 1817 S 57th Court. The first offender was described as a white male, red shirt, brown shorts, heavy set. The second offender was described as a female black wearing a dress.
Within this report the following factors will be discussed; the qualities expected from a lay magistrate, their sentencing powers, their demographic features (age, gender, ethnicity and social class), and the kinds of crimes they hear. Who are they? Magistrates are volunteers who work in the magistrates’ court of their own will; there are three of them and one of them is a chair magistrate.
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.
Explain and critically consider the use of lay magistrates in the legal system of England and Wales.