Mr. Levin
Judicial Process
Fall 2012
POLS 5120
Court Visit Paper
This paper requires that you must visit two courtrooms, which must be different in kind
and write a paper which describes the interactions and process which occur in each,
compares the courtroom activities, and analyzes them using the readings from the course.
You may satisfy this requirement with any combination of criminal v. civil, trial v.
appellate, magistrate's court v. district court, or federal, state and county court. In
choosing your two courts, think about how you will construct your paper. A federal
criminal proceeding contrasted with a state criminal proceeding is a more focused paper
than comparing a federal civil trial with a magistrate's criminal intake court. An intake
court can be easily contrasted with criminal trial court, and an appellate court with a trial
court, but not with an intake court. You should observe each of these courtrooms for a
minimum of two hours. Take a notepad to record your observations. You will also find
that many judges and prosecutors will ask you why you are there - if you tell them that
it's a class project they will often take additional time to speak with you about the
proceedings.
In Salt Lake City, you have a choice of federal district court, state appellate courts, state
district courts and municipal justice courts. The federal district court and state appellate
courts hold hearings at irregular hours. While you can count on the state district courts
and some justice courts meeting regularly during regular business hours Monday through
Friday from 9am through the early afternoon, you should check the courts’ calendars
before you go, especially if you are interested in specific trials or types of hearings.
Links to the courts’ calendars:
State courts and many municipal justice courts: http://www.utcourts.gov/cal/
Federal District Court: http://www.utd.uscourts.gov/reports/cal.php
Finally, the U.S. Court of Appeals for the 10th Circuit occasionally sits in Salt Lake City.
While you should not expect it to meet here anytime soon, you may wish to check its
calendar at: http://www.ca10.uscourts.gov/calendar.php
Format:
Writing and organization are important. Your introductory paragraph should include a
thesis statement that communicates the main points of your analysis. This assignment
calls for an amount of analysis equal to the amount of description of the proceedings. In a
sense, you are also there to test our classroom work against reality. Use the introduction
to focus your courtroom observations and indicate your conclusions about the operation
of the judicial system to your reader. Your concluding paragraph should sum up those
observations and bring together your analysis. Please don't tell me how educational or fun
the experience has been.
Establish setting - date, place, judge's name, nature of business (civil trial, criminal
arraignments, etc.) If observing criminal proceedings, list and describe the charges, and,
if there are dispositions while you are observing, the penalties. If observing civil
hearings, describe the damages sought and subject of the disputes.
When describing the proceedings, avoid a strictly chronological approach. "First, then,
after that, and then, and after that, consequently, Following this, Thirdly ..." It is truly
painful to read and does not lend itself to thoughtful reflection. Organize your paper
around types of behavior which you observe (ie. How did the attorneys address the
judge? How did defendants or witnesses conduct themselves?).
Compare what we have done in class with what you observe. How similar were our
readings and lecture to the courtroom experience? Which readings/lectures were closest
or most dissimilar from your experience?
Be respectful of proceedings and avoid personal commentary that does not contribute to a
proper analysis. I do not care for comments about the "prosecutor's cheap suit" or how
"swacked out" the defendant appeared (unless it is relevant to the proceedings). The
effectiveness and demeanor of the parties, their attorneys, and the judge are proper
subjects for comment, their hair or dress are not.
Finally, enjoy your visit to court. While obligatory, this is one of the least painful ways to
observe the judicial system in action.