District Court Judge example essay topic

AIn Australia, Parliament decides what our country's laws will be, but it is the courts' role to decide how these laws will be applied to particular cases. This report will focus on a criminal case viewed in District Court 26 in the Queensland Law Courts Complex. PART A - THE COURTROOM The specific layout of the courtroom allows the most effective and efficient handling of any legal matters requiring the Court's attention. The diagram on the next page shows the various courtroom sections and the locations of courtroom personnel. In order to adjudicate fairly on a case, the judge is seated at the front of the courtroom in a higher position than any other person involved in the legal proceedings.

The reason for this is twofold. Firstly, this enables the judge to have a clear view of the entire room. Secondly, this shows the judge's position of authority and power in the courtroom, a position he has achieved due to his integrity, wisdom, and wealth of legal knowledge and experience. Looking to the front of the courtroom, the jury box is located along the right wall. This allows the jury to see clearly all parts of the courtroom and participants in the case, including witnesses in the witness box and the barristers at the bar table, and to hear easily all proceedings in the court room. It also allows the judge to see the jurors at all time.

The bar table is large, in line with and facing the judge's table. This facilitates clear communication between the judge and the prosecution and defence personnel, who are seated at the bar table. The witness box is located in the front left of the courtroom. This allows it to be easily seen by key participants in the proceedings. The bailiff is seated close to the witness box so that he / she may restrain a witness who has trouble controlling their emotions. PART B - THE PROCEEDINGS The District Court, which deals with more serious matters than the Magistrate's Court, decides cases involving serious criminal charges, such as sexual assault and armed robbery, and also deals with a wide range of civil cases.

A District Court judge presides over a District Court. In civil litigation, the judge alone usually hears suits, but in criminal trials, a jury decides whether the accused is guilty or not guilty and the judge then decides on the penalty. The case that was recently viewed in the District Court was The Crown vs. Nguyen, where Nguyen was accused of stealing a computer. The prosecution stated that Nguyen stole a computer from a parked car and then delivered the computer to Tran to sell. Tran sold the computer to Hawkins for $400. Tran gave Nguyen $250 (which he owed him) and kept $150 for himself.

Nguyen told Tran that he had another 8 computers (that were also stolen by Nguyen) that he wanted sold or harm would come to Tran. Nguyen delivered the 8 Imac computers to Tran but he did not have enough room to store them. The computers were taken to Whitaker's for storage in his garage. Hawkins tried to use the computer he had purchased from Tran but soon suspected it was stolen and reported it to police. When confronted Tran admitted to police his part in the crime. The prosecution quoted Tran and Nguyen phone bills' as evidence.

The defence counsel wanted the evidence of the 8 stolen computers to be excluded from this case involving one stolen computer as he felt it would prejudice the jury. The judge decided the evidence was admissible. From the judges to the court orderlies, every person in the courts plays a part in the smooth running of the courts system. In trials, the Office of the Director of Public Prosecutions (who is responsible for preparing the indictment) presents the case for the Government against the accused. During a trial the Crown Prosecutor, a lawyer appointed to conduct the criminal prosecutions, calls witnesses and other forms of evidence to back up their case.

The onus of proof rests on the Crown. The Defence Counsel, usually a barrister (although it can also be a solicitor), appears in court on behalf of the accused. The accused may also choose to represent himself / herself. The judge controls the court case.

With a jury the judge usually does not have to decide on matters of fact, but must ensure that the jury understands everything that is occurring. One of the judge's main roles in a jury trial is to decide what evidence the jury can and cannot see (i.e. what evidence is admissible.) A judge will not allow evidence into the court if he / she believes it will prejudice the jury for the wrong reasons. This role of the judge can be seen in the aforementioned court case, in which the judge decided to include the evidence of Nyu gen stealing another eight computers from a school. A bailiff is present in every civil or criminal court proceeding and is responsible for the orderly conduct of court sittings.

Their most important role is attending to the needs of the jury. The bailiff is also responsible for 'swearing in' the jury and the witnesses. The court reporter records the court proceedings word for word. New technology has enabled court reporters to record proceedings on a computer or on audio equipment. The judges' associates are the judges' personal representatives, handling the bulk of their administrative work and research. In court, the judges' associates act as the clerk of the court.

Overall I believe that the prosecution's case against Nguyen is very strong. Although no one actually witnessed Nguyen stealing the computer from the car, it was confirmed that he had the computer in his possession and that he passed it on to Tran to sell it. Also the fact that Judge McGill decided to admit the evidence of Nguyen's stealing of eight computers from a school and giving them to Tran to sell enhanced the prosecution case. It is for these reasons that I believe that Nguyen will be convicted of these charges.

PART C - COURT PROTOCOL Court protocol can be described as a procedure, or code of behaviour that everyone in a courtroom adheres to. When members of the gallery enter the courtroom they must acknowledge the judge by each nodding individually. Most of the court protocol I observed in the previously described court case was in the interaction between the judge and the court personnel, specifically the barristers and bailiff. The barristers may only take off their wig when the judge removes his / hers. Every time the judge enters or exits the courtroom the bailiff requests all persons present in the courtroom to stand. The bailiff introduces the judge to the court and states to the judge the case before the court.

All of these instances of protocol show respect for the position of the judge. To some people the court protocol mentioned above may seem outdated but I believe that it still has a place in a modern courtroom. Showing respect to a person who has earned a position of authority is essential if courtroom practices are to lead to decisions which are made under the best possible circumstances. Also these 'traditions' are as integrated into the court system as the legal terminology which is used - a system which has worked successfully for hundreds of years. PART D - LEGAL REPRESENTATION O biter dicta, admissible and ratio decide ndi are all examples of legal terminology used throughout the legal system. Persons that are not legally represented in a court of law would likely find it difficult to understand the legal terminology used in the courtroom.

Also the prosecution in the aforementioned case tried to establish precedent by referencing a legal case from England. This is knowledge and a skill which lawyers develop over a period of time, and people that represent themselves would not have the knowledge or experience to do this. It is for these reasons and many more that I believe a person who declines legal representation would be severely disadvantaged in a court of law and the trial result would most likely not be in their favour. The visit to the Queensland Law Courts Complex was both interesting and informative. It is a basic principle of the legal system in Australia that, in most cases, courts are to be conducted in public. This is so justice can be seen to be done by any member of the public.