Criminal Law Court Observation Essay

1638 WordsAug 6, 20127 Pages
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…
The Supreme Court could be definitely distinguished from the Local Court in a variety of aspects. Most of all, on the contrary to the Local Court that proceeded in a stereotyped way like an ‘assembly line’, the Supreme Court seemed like an ‘obstacle course’, which is optimized to reduce the possibility of error. Based on this principle, the Lord presiding over a trial at the Supreme Court was even more patient with postponement happening in the process than the magistrates at the Local Court. Although the trial was sometimes delayed due to preparation for evidence presented by the defence counsel and barristers, the Lord waited for it to be set without requiring the counsel to get it ready more quickly so as to give maximum protection to the innocent. Additionally, what was the most remarkably different between the two courts was equipment used for presenting evidence. For instance, in the courtroom, there was a huge screen on the wall, on which all the participants in the trial could easily read crucial documents and grasp the issue of the case. Moreover, the prosecutor submitted evidence of a telephone conversation recorded as a file between the accused and a person concerned, using a computer. Yet, it is not true that everything went well in the courtroom with the system - due process. It is because the equipment used by participants might have some technical defect in preparation for evidence. When one of the clerks tried
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