court proceeding

advertisement
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
1
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
Student Name: Ratthanan Tienpraenimit
Student ID: 1407522
Date/Time of observation: 4 May 2015
Court Name: No. 6 Ground Floor
Case Name: Before the Honourable
Presiding Judge: Sarah Katz
Language used by Interpreter Chinese Mandarin and Cantonese
Community Involved Chinese
Due Date: 14 May 2015
Date Received:
I CONFIRM THAT:
 This is an original assignment and is entirely my own work.
Where I have used the ideas, examples, quotations, or any work of other
writers, I have accurately referenced and acknowledged the source in every
case.
 This assignment has not been, nor will be submitted as
assessed work for any other academic course.
Signature of student: Ratthanan Tienpraenimit
Date of signature: 10 May 2015
2
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
CONTENTS
Page
Introduction ...................................................................................................... 4
Diagram Layout of the Court Room .................................................................. 5
Court Proceedings .......................................................................................... 6
Court Interpreting ………………………………………………………….. 10
Reflection ………………………………………………………………….. 13
Conclusion …………………………………………………………………. 13
Legal Terminology ………………………………………………………… 14
Reference …………………………………………………………………... 15
3
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
INTRODUCTION
On Monday The 4th of May 2015, I went to Auckland High Court to observe a
Murder Trial where they picked 12 Jury members to be part of murder trial. The
purpose of this observation was to understand the protocol and the manner the court
was to proceed. It is my first time observation in the Court as I never knew anything
about Court System. This observation is a part of my assignment at UNITEC Institute
of Technology as I am learning the Liaison Interpreting to become an interpreter.
This case is Before Honourable, Justice Sarah Katz and the case is about a
defendant who is charged for one (1) count of murder and it will take place in 2012. On
Wednesday The 6th of May 2015 witnesses will give evidence. The language involved
is Chinese Mandarin and Cantonese. An Interpreter is needed for the defendant. The
Chinese community is involved as both the defendant and the deceased are Chinese
people.
4
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
DIAGRAM INSIDE THE COURTROOM
Exit
Exit
Judge
Registrar/Court Taker
Exit
Witness
Box
Crier’s seat
Counsel for Crown
Interpreter
Jury Box
Podium
Counsel for Defence
Media
Holding
Chinese Interpreter
Dock
Public Seating
Public Seating
Entrance
Before The Hon, Justice KATZ
Crown
Court Taker Miss Barrett
No.6 Court
Cell
Ground Floor
Court Crier Mrs. Iyengar
10.00 am
Yun Qing LIU
(BN Dickey, Fulliney) V
(R12014-044-1376)
(Mkan, Fpereira)
Murder (1)
5
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
COURT PROCEEDING
In Auckland High Court Room No. 6 protocols were followed according to High
Court procedures. Once the Court was about to proceed, the registrar asked everyone
inside the court to stand up and the Presiding Judge was coming inside the Court Room
to proceed with Murder Trial. Once Judge Katz sat down on the chair, everyone was
told to take their seat. The Judge then introduced her Court officials for example the
Registrar, Miss Barrett and the Crier Ms. Iyengar and their respective duties, Crown
Prosecutor Ms. Dickey and Ms. Fulliney, Defence counsel Mr. Mkan, Mr. Fpereira, and
Miss Ting, The defendant Mr. LIU and members of the Jury were also introduced in
the Court Room, 2 Interpreter and Media were also introduced in the Court Room.
Rituals in the Court Room No. 6 was the OATH read to 12 members of the Jury by the
Registrar in the presence of Judge Katz. Also the Chinese Interpreter followed Court
Rituals.
On Monday the 4th of May 2015, I went to Auckland High Court to observe a
Murder Trial where Jury to be part of it. The defendant, a Chinese nationality Mr.
Mkan against the crown and deceased person Chinese national too. Her name was Ms.
Cissy
At 10.00 am in High Court Room No. 6, and the Court Room was packed with
people. The Crown Prosecutor and the Defence Counsel were present too. As the
defendant was a Chinese, There were 2 Chinese interpreter present in the court room.
The defendant was brought to the dock by two security guards as the defendant was in
prison custody. The Judge Hon Katz read charges against the defendant and then told
him “It will be a jury murder trial where twelve members of the jury will be listening
to the evidence from the witness to find, if he is guilty or not guilty.” The defendant
was informed that twelve members of the jury will be picked from fifty in the court
room by ballot. The defendant was given his rights to object if he found that any
member of jury was known to him or for any other reasons. Same was applied to the
Defence Counsel. Fifty members of the Jury to came inside the Court Room No. 6.
The room was small and some of the members of the Jury were told to stand as the
registrar will to pick their names from the ballot. Members of the Jury were reminded
that if he or she when picked should take a seat in the Jury box. If for some reason they
cannot attend the jury duties they have to come forward to her and give their reasons.
6
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
Once all the rules was told, the Court Registrar Miss Barrett picked up the first name
and asked the person to be sat in the Jury box. Few people who did not want to take
part in the Jury Trial for example one Chinese lady who and told the Judge that she has
very little English language and she cannot understand well. The Judge dismissed her
and then informed the court i.e. the defendant and the Defence Counsel. Few others
who went to the Judge and told that they cannot do Jury duties. The Judge at all times
told the court when dismissing them.
Once twelve Jury seats were filled the Judge dismissed all other member of the
Jury and thanked them to be part of the Jury selection. Once the twelve members of
Jury were selected the Judge Hon Katz asked the Jury members to listen to her carefully
as she was going to tell them of court rules in the Jury trial. The Jury member were a
mixture of male and female 7 males and 5 females and they came from different
background and culture. As rules and regulation was read to the members of the Jury
the Judge asked them to pick a leader in the group who will be known as foreman. The
court took a break as the twelve members of Jury went to Jury Room to pick one
member of Jury to become a foreman. After the foreman was picked they all returned
to the court to their seats. The Judge then explained the duties of the foreman 11
member of the Jury. The Jury was briefed about their work in the Murder Trial and
Judge told them that the trial will be for 8 weeks or less. The Judge will then sum up
the case and the Jury will give a verdict. Once the Jury’s had selected a foreman they
were dismissed and told to return on the Wednesday 7th of May 2015 as the Murder
Trial will begin. The Court was dismissed that day. I observed on this day how a jury
was selected and organised for the Murder Trial on 4/5/2015.
It was a trial. Witnesses called to give evidence and the Jury listening. Crown
Prosecutor presented first. It was both, examination and cross-examination during the
Murder trial. There first evidence given by witnesses. Mr. Philip, older brother of the
deceased (Ms. Cissy) in the witness box. Mr. Philip told the Court about the
relationship his sister with the defendant.
7
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
The nature of the case is Criminal Case. Murder with one count.
The people who participants were in the Court The Judge, Court officials,
Member of the Jury, Defence Lawyer, Crown Prosecutor, Witnesses, Interpreter, the
Defendant, Audience. Crown Prosecutor who presented during the proceedings.
The other roles of the Court personnel that I observed during the court
proceedings such as
Court Taker
The court staff members helps the Court Room to runs smoothly and any
instruction from the Judge happen. This person usually sits in front of the Judge. They
are sometimes called “Court Registrar.” In this murder trial the Court Taker introduced
as Madam Registrar by the Judge Katz.
Court Crier
In High Court Room No. 6, observed the Court Crier during the proceedings
performing her duties in the Court. The Crier was helping the Court, Jurors and
members of the public. Court Crier sometimes referred as jury Officer
Police
Police to keep law and order in and outside the Court.
Guards
In the High Court Room No. 6 I observed two guards in the dock with the
Defendant. They were escorting the Defendant in and out of the Court during the
Court proceeding.
8
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
9
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
COURT INTERPRETING
I observed all 3 type of interpreting mode at the Auckland high court.
The 3 interpreting mode are as follow
1.
Simultaneous
2.
Consecutive
3.
Sight translation
The Interpreter were from Chinese Community and they spoke Mandarin and
Cantonese. The 2 interpreters were female and the name of the Mandarin Interpreter
was Ms. Liting Chen and the female Cantonese interpreter was Ms. Milly Zhang. The
Cantonese interpreter was seated next to the witness box. The second lady Mandarin
interpreter was seated behind the defendant lawyer and also close to defendant dock.
During the Court Proceeding the murder trial at Auckland High Court Room
No.6, the crown prosecutor call the first witness to the witness box. This witness as Mr.
Philip the older brother of the deceased Ms. Cissy Chen. The registrar gave him a bible
to take OATH in English language to the witness and Cantonese interpreter interpreted
the English language into Cantonese language. After he took the OATH the crown
prosecutor came close to the witness to examine him about the case. The first question
put to the witness in English. The Mandarin interpreter (Ms. Liting) interpreted from
English to Mandarin to defendant (Mr. Liu) then Cantonese interpreter (Ms. Milly)
interpreted English to Cantonese to the witness (Mr. Philip). The witness answer back
the question in Cantonese to the interpreter and then interpreter interpreted into English
to the judge, then the Mandarin interpreter interpreted Mandarin language to the
defendant what the witness said. Chinese Community Mandarin and Cantonese Culture.
Both interpreter had high standard of interpreter skill in both language from English to
Mandarin and Mandarin to English. They were knew linguistic issues taking place.
1. Be punctuality and maintaining an appropriate standard of dress
2. Confidentiality
3. Communication with the court
4. Respects professional boundaries
5. Does not paraphrase, summarise what we need as said as close what they said
6. Remands neutral
7. Accuracy
10
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
Implementation of Code of Ethics for Ms. Milly and Ms. Liting are undertake work
there are competent to perform in the languages for which they are professional
qualify through training and credentials. Ms. Liting hard to communicate with the
Crown Prosecutor because she was sitting behind the defendant lawyers when Crown
Prosecutor was talking directly to the witness and she did not get the clear message.
At one stage Ms. Liting told the Judge they were 4 people but it was wrong. The
defendant lawyer interrupted and told the Judge there were 3 people in their family
and not 4 people as mentioned.
Interpreter’s Professional Conduct
Professionalism
Standard of integrity
Confidentiality
Respect in their work
Accordance with the provision
Ms. Liting
4
4
4
4
4
Ms.Milly
4
4
4
4
4
Interpreter’s Performance
Fluency
Accuracy
Language Competence
Delivery
Task Management
4 = Excellent
3 = Good
2 = Satisfactory
1 = Need Improvement
Ms. Liting
4
3
3
4
4
Ms.Milly
4
4
3
4
4
Comments
Strengths
Both of them get relevant information from the Judge and Crown Prosecutor, do
research, prepare some paper for note taking, proper dress, be punctual, ask for
clarifications from the Crown Prosecutor. They are under pressure because they had
just graduated from Liaison Interpreting Course. This is first experience for them. If I
did not chat with them nobody known. They cope very well with Court proceeding and
was not nervous at all.
Weakness
Before the court proceeding both interpreter had not set ground rules to the witness
and any parties involved. During court procedure the first witness Mr. Philip gave
evidences until Defendant lawyer interrupted for pausing the witness and let Ms. Ling
Mandarin Interpreter first then Ms. Molly interpreted into Cantonese later. Ms.Litng
should ask for clarification from the witness about giving wrong number. Both
11
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
interpreter in the court display a high professional standard for example dress code was
a high standard. They spoke good English and interpreted very well. During the Court
Proceeding they followed every rules set up by the Court.
REFECTION
This was first Court Observation in New Zealand for myself. The Jury System
which I found a very fair in the Justice System are also learnt the Court Protocol and
duties of Court Personal in the High Court. The Interpreter in the Court Room spoke
clearly and loudly so everyone in the Court understood what was spoken. They to be
professional and not nervous when interpreting. The Interpreter play a very important
role in the Court. Interpreter Communication Skill helped the Court to understand what
was said by the witness and defendant. As for myself, learnt a lot of Legal Terms used
by Defence and the Crown Counsel. The evidence produced in the Court by the witness
was something new to me. Exhibit produced in the Court was something I learnt during
the Court Proceeding. To become an Interpreter in the Court I need experience and
skill to interpret in public very important to interpret the right word because one
mistake in the Court can have serious consequence. Need more interpreter training in
smaller scale to gain experience Court Interpreting.
CONCLUSION
I have provided my Court Observation Report for the Court Proceeding in
Auckland High Court on 4/5/2015 and 6/5/2015. Included is my Court Room No. 6
Diagram which shows the Court Proceeding on 4 and 6 of May 2015. The Jury
Selection was another part of observation Report where I experienced the selection
process. The opening address by both counsel during the Murder Trial was a highlight
as the facts of the case was read and in the Court. After what I observed in the Court I
know, now how important interpreters role in the Court.
12
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
LEGAL TERMINOLOGY
Address
A speech by a lawyer to the judge.
Adjournment
A court proceeding is adjourned or postponed or put off until a later date.
Affidavit
A written statement and worn be fair of a person who as authority in legal
system to take OATH. An evidence may be affidavit.
Bench Warrant
Police to arrest someone as ordered by court for example someone did not
attend his criminal case on the court date.
Chamber
A judge office. This where judge deal with legal procedure with defence and
crown lawyer.
Cross Examination
A witness is asked question by defence lawyer. It is to challenge the accuracy
of witness.
Contempt of Count
Insulting the dignity of the court bad behaviour and disrespect to the judge and
failure to follow judge order.
Defendant
Person who is charged for an offence and brought to court to answer charges
against him. He is called a defendant and he has to defend his case against the Crown
prosecutor.
Dock
Place where defendant stand or sits during criminal case.
Exhibits
For example a weapon, a knife use to kill someone is called an exhibit which
can be presented in the court as an evidence. Exhibits are kept only by the police or
Crown prosecutor.
13
Assignment 1 Court Observation Report
Ratthanan Tienpraenimit
Student ID: 1407522
REFERENCE
Web Pages/Internet Sources
NZSTI. (2015). NZTI code of ethics and code of conduct.
http://www.aiic.net/page/6724/code-of-professional-ethics/lang/1
http://www.google/images/Auckland high court (Accessed 2015-05-10).
14
Download