Court Observation Assignment Study Session
CLSS 2008
Structure of the session
• Introduction
• Short lecture (20 mins)
• Q & A (30 mins)
What you are really being tested
on.
(Taken from the assignment):
Aims
• To provide a background for seminars and a
context for class discussion on the court system;
• To observe, consider and reflect upon the role
and impact of the law and the courts; and
• To reflect upon and present your own
understanding of the court proceedings
observed and synthesise these with the views
presented in the readings in a coherent and
logical fashion.
Going to court
• If you haven’t yet gone to court, go now.
• Keep a record of your cases (why you shouldn’t
have slept through legal research) for your
appendix and footnotes.
• Sydney style guide:
http://www.law.usyd.edu.au/cstudent/coursework
/docs_pdfs/AppA_SLR_styleguide.pdf
• Unreported decisions
• e.g. Mann v NSW Police [2007] NSWSC 888
Remember…
• This is not a research exercise, which
means that you are not required to read
beyond these materials in order to
complete the assignment. But you should
definitely read and if necessary, quote
from the two articles recommended.
• You must include at the end of your essay
a list of the courts and the times you
attended. (An appendix.)
The issues and ideas on what
to write about
• equality before the law;
• procedural fairness;
• poverty (including unemployment and
homelessness);
• English as a second language and availability of
qualified interpreters;
• nature and quality of legal representation (including
lack of legal representation);
• differences in formal versus less formal settings;
• role of the judicial officer;
• mental illness or addiction of the defendants or
accused.
Example answer
Introduction
The local courts and Criminal Court of Appeal ultimately serve the
same purpose of administration of justice through the legal system.
However, the legal processes employed by the two courts differ in
fulfilling this purpose. This essay will examine the formal and
procedural differences between these two courts and explore
problems of access to the law facing litigants in both these courts.
Paragraph 1 – Local courts
Local and magistrates’ courts handle the vast majority of criminal
cases. In the 2003-2004 period, local courts were responsible for the
judgements of 97% of criminal cases brought before the law. Due to
the large number of cases tried on a daily basis, there is pressure
for matters to be dealt with quickly and efficiently. This is important
for maintaining public confidence in the legal system by creating the
perception that “decisions in the magistrates’ courts are fair,
impartial, transparent, efficient, and just”.
Conclusion
Central to the notion of justice is the belief that all people should be
treated equally and fairly before the law. However, as this essay
demonstrates, this is clearly not always the case. Where legal
representation is unavailable, the integrity of the legal system is
challenged. The presence of legal representation is vital in
sustaining the law’s impartiality and neutrality, regardless of the
court of law.
Appendix
Court observation dates
Hornsby Local Court on the 13th of March 0900-1400
Court of Criminal Appeal on the 20th of March 0900-1200
Getting that elusive and
mythical mark, the HD.
•
•
•
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Use a lot of references appropriately.
Do it not-on-the-night/morning-before.
Have excellent and eloquent writing.
Do some extra reading on the subject – it
may give you some ideas.
Q&A
• Can I use headings in my essay?
Q&A
• Can I use headings in my essay?
Yes.
Q&A
• Can I use headings in my essay?
Yes.
• If I send you my essay, will you please
help me correct/write/start it?
Q&A
• Can I use headings in my essay?
Yes.
• If I send you my essay, will you please
help me correct/write/start it?
No.
Q&A
• Can I use headings in my essay?
Yes.
• If I send you my essay, will you please
help me correct/write/start it?
No.
• When is the start-of-year party and how
much will it cost?