Taking a Look at Australian Courtrooms

This was our first time visiting the court. The historical coach wood and jarrah timber within the structure of the courtroom represented authority and tradition. The high ceilings and the overall architecture instilled a sense of power and security. This was what we expected. We were excited to be in the midst of the rights, privileges and responsibilities of the Australian Judicial System.

In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.

I observed court operations at the Plantation Key Government Center in Tavernier, Florida twice: on October 7th and November 4th. I observed Chief Circuit Judge Carlos Garcia in courtroom A. The courthouse is located in the 16th Judicial Circuit of Florida and it’s a state trial court with general jurisdiction. The first visit was cut short, in part because it was a lighter criminal day than planned, but also I was flabbergasted by the lack of professionalism that was present in this courtroom. I’m not sure if it’s a “court in Paradise” problem, or something that is observed at other courtrooms, however, I’m disappointed in what I saw. Lack of professionalism was evident during both visits from the actors and their actions in the courtroom.

The Australian justice system implements the adversarial system in which opposing parties present their case before an unbiased decision maker, to ensure procedural fairness and the principles of natural justice are upheld.The system has been structured this way to ensure justice is served for the victim, offender and the broader community. The nature of justice is that it is equal to all, fair from bias and is accessible. In the case on R v Rolfe and R v Weston (2017) the two offenders; Timothy Rolfe and John Weston, members of the Rebels Outlaw Motorcycle Club were sentenced at the NSW Supreme Court on a joint criminal enterprise for the murder of 29-year-old Laurence Starling. The killing was motivated by revenge for an unpaid extortion debt of $200,000 between the deceased’s business partner Mr Fields and a high-ranking member of the ‘’Rebels’’ who sent his subordinates to seize Mr Field’s assets as compensation. The complex circumstances of the crime were problematic for the justice system because particular methods had to be implemented in the process of achieving justice however the justice system was relatively effective in reaching a just outcome for majority of the stakeholders due to its resource efficiency, responsiveness, accessibility, standards of fairness, protection of individual rights and meeting society’s needs.

Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal

Having made visits to the Supreme, District and the Local Courts, I was able to obtain a better understanding of the Australian adversarial system. This report will attempt to analyze the distinctions between the different types of courts through primary observations. The report will also assess the models of justice in operation, the triviality of the lower courts compared to the higher courts and assess court procedure in each court.

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

The book Courtroom 302, written by Steve Bogira in 2005, is about the criminal courts in Chicago, IL. Steve Bogira graduated from Northwestern University, and is an excellent reporter for the Chicago Review. Courtroom 302 is story told mainly from through Steve Bogira’s observations. Bogira observes a courtroom (Courtroom 302), and basically the entire justice system process from beginning to end. The courtroom that Bogira observes is in the control of Judge Daniel Locallo. Judge Locallo helps give Bogira an all access view, plus vital personal thoughts and feelings about issues and events that he has dealt with; and Bogira has observed. Judge Locallo is not the only person that expresses personal information. Many employees of the

During my two days attending youth court I was in two separate courtrooms. The lay out of these courtrooms was fairly simple. There was a sitting area in the courtroom where individuals could be seated. The individuals seated in this area consisted of the accused parties in cases, witnesses, family of the victims and offenders and general members from the public. There was two stands, one for the defense counsel and one for the crown attorneys. Each side also had a stand for

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The

Is our NSW court system effective? It is if you have money. Is it something that we can just adhere to with out ever allowing it to adapt and evolve to meet societies needs? Absolutely not. Just like humanity, the NSW court system contains protruding faults that are made apparent with further scrutiny. The court system is something that requires our constant attention and support to improve and advance. In order for the court system to attain eligibility it relies heavily on 4 fundamental components; affordability, simplicity, fairness and accessibility. For countless Australians our legal system is lacking on all these fronts.

I observed court operations at the Plantation Key Government Center in Tavernier, Florida twice: on October 7th and November 4th. I observed Chief Circuit Judge Carlos Garcia in courtroom A. The courthouse is located in the 16th Judicial Circuit of Florida and it’s a state trial court with general jurisdiction. The first visit was cut short, in part because it was a lighter criminal day than planned, but also I was flabbergasted by the lack of professionalism that was present in the Florida Keys courtroom. I’m not sure if it’s a “court in Paradise” problem, or something that is observed at other courtrooms, however, I’m disappointed in what I saw. Lack of professionalism was evident during both visits from the actors and their actions.

In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in

The fact that every 10 minutes a crime is committed by a person that have been released from the courts for one or another reason is atrocious. Our  justice system is there to protect the lives of innocent people that trust that the system being there id going to make them safe. The problem isn't just on Australia, not too long ago a granddaughter was with her grand parents riding bikes on the foot path when a drunk driver hit and killed all three of them. The man was handed a sentence of just a 60 days imprisoned and 120 hours community service, the father of the girl and son of the elderly was so angry with the decision her throw a chair at the judge. Clearly the justice system in Australia needs a thorough check over. Just to think that