Court Report of the Crown Court located in Lancashire - Case Study Example

?Running Head: Court Report Summative Assessment Court Report Summative Assessment s name] [Date] Court Report Summative Assessment Introduction There are around 92 Crown courts located in England and Wales across six circuits that are the Northern, Eastern, South Eastern, Western, midland, Wales and Chester. Out of all these 92 venues, I chose the Crown Court located in Lancashire. The insides of the crown court were as solemn as its facade; it consisted of a raised platform, clearly reserved for the Judge, where he sat facing the court. The clerk t sat on a seat located just below the platform facing the court just like the judge. There was a reporter as well, who sat with stenographer and recorded the entire court room proceedings. The most tedious task was handed to the court usher, who constantly ran back and forth between the judge and barristers. The defending barrister sat near the jury; which consists of 12 ordinary citizens appointed by the magistrate to judge the defendant. Whereas I was comfortably ensconced in a section that was known as ‘The old Bailey’, located right above where the defendant sat. (Ashworth & Redmayne, 2010; Cownie, 2007, 56-57) Main body Crown courts hear and try cases that are referred to it by the Criminal cases Review Commission. This referral system is only applicable on those cases in which there is a possibility within the case whereby, the defendant’s sentence or conviction will not be upheld. Other than criminal cases, magistrates can also hear or try civil cases upon the appeal of magistrates from other courts. However, as mentioned earlier the main focus of most of the cases heard and tried in crown courts are criminal cases, as it was outlined by the Supreme Court act of 1981. Before I delve into greater detail regarding my experience in the court, the following substance of this prose will highlight how a crown court operates and what kind of cases it handles. (Jason-Lloyd, 1997, 18-21; Heinz & Manikas, 1992) The crimes and misdemeanours which the crown court holds it session for, include murders, manslaughter and organized terrorism. The criminal offences dealt in the crown court are divided into three classes according to the gravity of the crime. Class I offences usually involve crimes on a large scale such as genocide, treason and murder, which are exclusively under the jurisdiction of a high court judge. Class II offences include incest, rape and manslaughter and such cases are also tried by a high court judge but they may also be tried by a circuit judge occasionally. Class III offences are not handled by a high court judge unless, the presiding judge’s consent is obtained and these offences usually entail other instances of crimes and misdemeanours. (Jason-Lloyd, 1997, 18-21) The harshest sentence handed out by the judge is a life sentence and other ways of penalizing the offender such as community service, confiscation of property, discharges and fines. Throughout my entire time in the courtroom, there was no case pertaining to organized terrorism and most of the defendants that were produced in the court were largely males, and mainly fell in the age range of 15 and 20. (YCAP. 2010) Most of the offenders were extremely young and this observational finding is vastly in concurrence with the statistical evidence that states that around 30% of the youth are involved in such activities. Other cases presented in the court were also instances of domestic violence and conflicts. (YCAP. 2010) Most of the issues and cases arose not only because of conflicts between complete strangers but also between people who knew each other and even family members came forth with grave instances of criminal offences. In one case, a young 18 year-old man was charged with assaulting a police officer at his place of residence due to some domestic dispute that led to the clash. (Smith, 2009; Rieff, 2001, 42-47) Though, I deem myself vastly naive as during my entire time in the courtroom I was expecting to witness the trial of much grander crimes such as bank robberies or terrorist bombings or attacks, but most of the cases involved domestic discord and other crimes occurring as a result of substance abuse. There also instances whereby, people were brought to the court under the charge of petty thefts, larceny and assaults. (Rieff, 2001, 42-47) My visit to the court also shed light on very key aspects of the English criminal system and the manner in which each courtroom proceeding handled further enhanced my knowledge on legal matters and the psychological component involved in criminal activity. Murder cases and individuals being tried for such an offence are not usually tried in front of a jury, however, the burden of proof and the defendant’s fate rest on the shoulders of the state and therefore, it must be carefully established that the defendant is guilty of murder. (YCAP, 2010; Miller & Radelet, 1993, 70-72) The law dictates that murder is act that is a product of mental state and a physical act requirement. Man-slaughter and homicide are dealt along the same lines as murder; however for man-slaughter, the act must be preceded by the intention to inflict bodily am on the victim. As for homicide, the act is fundamentally preceded by extreme indifference to human life and welfare that drives the individual to such an extent. The most intriguing facts that I was confronted with during all the courtroom proceedings was the fact that all these acts involved a major psychological component not only on part of the defendant but also for the plaintiffs or victims of the crime, and the prose will examine the state of mind of each individual one by one. (Miller & Radelet, 1993, 70-72) The most shocking fact that came to the surface in all court proceeding was the fact that the defendant in most cases suffered from a psychological disorder; either the young individuals suffered from Anti-social Personality disorder (APD) or some other co-occurring disorder (COD), the latter involves a psychological disorder such as depression or acute anxiety that occurs along with a substance abuse problem, whereas the former roots completely from the sufferer’s desire for chaos and carnage. Therefore, there were plenty of defendants, who were pleading not guilty for reasons of insanity or their actions were the product of alcohol or other narcotics that clouded their judgment and caused them to behave the way they did. (Wright, 1996, 25-27) Conclusion The victim is largely labelled as the forgotten man according to Wertham (1949) and to further understand the mental state of an offender, the best way is to gain an insight in to the psyche of the victim. A victim is usually further victimized by the criminal justice system (CJS) and they are often subjected to a series of cross-questioning and they are often forced to answer such questions. According to Rossner and Wulf (1984), “Victims who, despite intensified efforts to provide protection in the criminal process, fear the psychological or social pressures cross-examination”. This is especially so in cases of rape victims because often their testimony is treated heavy scepticism and they are often required to describe their trauma with excruciating detail that causes them to relive the traumatic incident and the judges do not always protect them from it. (Wright, 1996, 25-27; Miller & Radelet, 1993, 70-72) Victims were often referred to Victim Support Scheme that work for the rehabilitation and help them overcome the trauma inflicted upon them. Victims and offenders form the integral part of the criminal justice system. My experience and observations in the courtroom helped to gain ample amount of insight into the system’s dynamics and as pointed out by John Hagan (1989), a structural-contextual approach to courtroom proceedings can provide data concerning the structural relations that emerge as a result of the organizational and political forces in the criminal justice operations. (Hagan & Peterson, 1995, 96-97) Reference 1. Ashworth, A. & Redmayne M. (2010) 4th Ed. The Criminal Process. Oxford: Oxford University Press. 2. Cownie, F et.al. (2007). English Legal System in context. Oxford University Press: P.p 56-57 3. Hagan, J & Peterson, R. D. (1995). Crime and Inequality. Stanford University Press: P.p 96-97 4. Heinz, J.P. & Manikas, P.M. (1992). Networks among elites in a local justice system. http://www.jstor.org/pss/3053820 5. Jason-Lloyd, L. (1997). The Framework of the English Legal System. Routledge: P.p 18-21 6. Miller, K.S. & Radelet, M.L. (1993). Executing the mentally ill. SAGE: P.p 70-72 7. Rieff, D. (2001). When victims become killers: Colonialism, nativism, and the genocide in Rwanda. New Republic, 42-47. 8. Smith, S. D. (2009) Massacre at Murambi: the Rank and File Killers of Genocide. in N. Loucks, S. Smith Holt and J. R. Adler. (Eds.) (2009) Why We Kill: Understanding violence across cultures and disciplines. Hendon: Middlesex University Press. 9. Wright, M. (1996). Justice for victims and offenders: a restorative response to crime. Waterside Press: P.p 25-27 10. Youth Crime Action Plan (YCAP). (2010). Home Office Statistical Bulletin: publications.education.gov.uk/eOrderingDownload/YCAP-Update.pdf+percentage+of+youth+involved+in+criminal+activities+in+the+UK&hl=en&pid=bl&srcid=ADGEESgI_o-hwuT Read More