Court Characteristics, Personnel, and Decorum - Assignment Example

Court Characteristics: Answer The court room has a unique environment. Even though the case I visited was not very serious but there existed an anxious feeling within me, which I credit to the formality and structure of the courtroom environment. High roof and the use of natural daylight, but not direct sunlight add to the creepy feeling. As mentioned by Pickard, high roofs and a suitable mix of color and light to reduce contrast and glare, so that all proceedings and evidence can be comfortably viewed has become a requirement of the modern courtrooms (Pickard, 249). Silence inside the courtroom and the echoing sound of voices within, makes it different from ordinary spaces. Excessive formality involving security checks etc makes the proceedings look serious, but this is a necessary security precaution. The silence is important too as everybody needs to hear all proceedings clearly. Modern techniques of using multimedia display screens and air conditioning makes the proceedings easier for the judge(s), jury and others. Waites observes that flat-panel monitors are more conducive to the courtroom environment. They allow the judge and attorneys to review information together before displaying it to the jury (Waites, 384). Such systems have the option of delaying display on the large screen through 'delay switches'. This allows the judge to review information before presenting it to the jury. Moreover enhanced video and sound playback devices such as the ELMO, as acknowledged in the Litigant's report, improves the quality of information processing inside the courtroom (Webb). Answer 2 The courtroom looked well secured. All entrants are thoroughly examined through security devices such as metal detectors. The judge's bench is elevated about three steps above the floor, so that his/ her vision covers the whole courtroom, and he/she is equipped with security alarm as well. The hallways and the courtroom comes under surveillance of security cameras, moreover a docket box may be used to control for large number of arrestees, who wait there with the defendants before appearing in front of the judge in the courtroom. On a whole the courtroom looked well secured from any miscreant activity. Court Personnel Barristers: Barristers are specialist legal advisers found in many common law jurisdictions that employ a split profession in legal representation. They are court room advocates trained to advise clients on the strengths and weaknesses of their case. Barristers become involved in a case when advocacy before the court is required by the client. It is the solicitor who is in a direct relation with the client. As put in the UK bar council website a barrister could be compared to a specialist in medicine, who is consulted by a client's personal doctor when the case is complex and beyond the personal doctor's knowledge. Here the personal doctor or a general practitioner is taken to be the solicitor (What Barristers Do). The comparison is not entirely accurate though. There is no difference in the level of complexity in the practice of law by the different branches of the profession, though barristers tend to be instructed in complex litigation and in certain other specialist fields. Stenographer: He or she is an individual who records court proceedings either in shorthand or through the use of a paper-punching device. A court stenographer is an officer of the court whose appointment is largely governed by statute. She is an official under the control of the court and is, therefore, generally subject to its direction. The stenographer has the duty to attend court throughout the trial and record all proceedings. She must take notes of what occurs before the court and these notes must certify that all the evidence, and charges levied against the defendant were fully and accurately taken at the trial and that the transcript represents an accurate translation of the notes. In addition to preparing and protecting the legal record, the Bureau of Labor Statistics website informs that many stenos assist judges and trial attorneys in a variety of ways, such as organizing and searching for information in the official record or making suggestions to judges and attorneys regarding courtroom administration and procedure (Bureau of Labor Statistics). Judge: The judge is a public officer who presides over and administers the law in a court of justice; he/she controls the proceedings in a courtroom and decides questions of law or discretion (Answers.com). As a noun judge refers to a person authorized to make decisions. A judge is authorized to decide legal cases. He/she may initiate investigations on related matters during a case, but generally judges do not have the power to conduct investigations for other branches or agencies of government. They must decide cases based on the applicable law. In some cases a judge may be asked to declare that a certain law is unconstitutional. Judges have the power to rule that a law is unconstitutional and therefore void, but they must give proper deference to the legislative body that enacted the law. A judge's responsibility is different if a jury is present in the court. In most criminal cases a jury is the trier of fact, and the judge is trier of law. This means that the jury looks at the evidence presented to the court and determines what actually happened and whether or not the defendant is guilty; and the judge makes sure all proceedings inside the courtroom take place within the rules set down by the law. In civil cases however, the judge is both the trier of fact and trier of law. Bergman recalls two types of judges: trial court and appellate. Trial court judges preside over trials, usually from beginning to end. They decide pretrial motions, define the scope of discovery, set the trial schedule, rule on oral motions during trial, control the behavior of participants and the pace of the trial, advise the jury of the law in a jury trial, and sentence a guilty defendant in a criminal case (Bergman and Berman-Barrett). Appellate judges, on the other hand, hear appeals from decisions of the trial courts. They review trial court records, read briefs submitted by the parties, and listen to oral arguments by attorneys, and then decide whether error or injustice occurred in the trial (Bergman and Berman-Barrett). Being a judge has a symbolic value attached to it too. In their article, Fontaine and Kiger observe that a judge is conventionally dressed in long black or red robes and sit on an elevated platform during trials. In some countries judges sometimes wear wigs. The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to a barrister's wig would be worn in court (Fontaine and Kiger). Court Usher: It is a position in a law court. General responsibilities of the court usher include escorting participants to the court room, keeping records of which solicitors represent which defendants. They seat participants and look after their comfort inside the court room. Franks mentions in his book that ushers manage legal documents and are responsible for deciding the order of cases to be solved (Franks 39). The roles of an usher may vary from what type of court they are ushering. Probation Officer: They are agents of the court, who are responsible for, among other things, preparing the pre-sentence report. A pre-sentence report displays information about the crime, the criminal and other relevant information, such taken from interviews with the criminal, friends and family. Probation officers make regular recommendations to sentencers regarding an offender's progress and potential to contribute to the community after release. Additionally, probation officers will supervise a Restorative Justice plan that provides the victim of a crime an opportunity to address the impact of the crime to the offenders. Court Decorum 1. Ceremonies, traditions and formalities: A few of the practices I observed include the rising of all as the judge entered the room and sitting after the judge sat; use of very polite and gentle language by all in the court; a security escort given to the defendant by personnel, and standing up of the advocates as they spoke in the proceedings. These formalities and ceremonies mainly display respect commanded by the law, emphasizing its applicability to all. 2. What were the judge and barristers wearing The judge was wearing a fancy dark robe. Beneath which he wore a regular dress. The wig used by the judge was 'bob' style, with a tail and frizzed sides. The barrister's robe was similar to the judge's. It was made from heavy cloth material. The barristers' wig was different in style. It was a 'tie' wig with rows of curls at the sides, a crown and a tail. Dressing symbolically has been criticized by many observers, but as mentions Brown, such practices continues on the basis of the apparent need for the tradition and symbolism in the adequate pursuit of justice. Moreover, many judges and barristers see their robes as a symbolic representation of their stature, the prestige of their profession and the significant responsibilities that come with this profession (Brown). According to the Lord Chancellor's Department court dress "heightens the sense of occasion", it allows the individual identity of a lawyer to be marginalized against the esteemed purpose of his office (Lord Chancellor's Department). Case/Hearing I visited court 4, at Manchester Crown Court; the Court was headed by Honourable Judge Lakin. The case in front of the Court was Crown v Milton. It was a Plea and Case Management hearing (PCMH) of the case. The initial purpose of PCMH, as explained by Hannibal, is to arraign the accused. That is to hear whether he pleads guilty or not guilty. If he plans to plead guilty, the court should be informed at least fourteen days before the hearing, so that a pre-sentence report is ordered. A guilty defendant will then be sentenced by the judge (Hannibal 267). Most often however, the defendant pleads not guilty. Then the PCMH ensures all steps necessary for the trial are taken, and court is provided sufficient information so that a trail date can be fixed. The advocates fill questionnaires for the judge asking about numerous technical as well as general details. Zander mentions the following list: -The estimated length of prosecution and defence cases; -The witness the prosecution will call, and the order in which they will call them; -Any exhibits, CCTV evidence or electronic equipment required; -Any expert evidence to be called; -Any requirement for special measures or live TV links; -Whether a defence statement has been served; -Any application regarding hearsay or bad character evidence; -Whether the defence alleges that the prosecution has failed to disclose any evidence (Zander 349). At the PCMH, the defence must supply a full list of the prosecution witness whom they require at the trial. Both prosecution and defence should submit to the court and other parties a summary of the issues on which the court's directions are sought, referring to any authorities which are relied on. For cases such as serious, lengthy or complex, a case summary should be prepared by the prosecution to for use by judge at PCMH. The intention of PCMH is that it enables the judge to fix a suitable date, as well as, prepare all parties better for what to expect in the trial. Crown v M v Milton concerned two defendants, they were brought to the dock. The charges framed by the prosecution against the defendants were of theft. The court clerk read the charges in front of them. There were a total of 12 counts of robbery. Both the defendants pleaded not guilty for two counts and pleaded guilty for other 10 counts. As mentioned earlier, the primary purpose of PCMH was to allow the defendants to plead guilty; this saves the court important time and effort. The criminality of the accused was hence established, now therefore the judge showed requested to see the pre-sentencing report, which shall be used in determining the fate of the accused. The defendants were also advised to see the probation officer after the hearing. Meanwhile both the defendants were granted an un-conditional bail by the judge. A bail is awarded un-conditionally when the court thinks that the defendant is unlikely to commit further offences; they will attend court when required and will not interfere with the justice process. The judge declared a new date of 23 January for pre-sentencing report and 12 May for the trial. These dates were agreed upon by both the parties. The case was adjourned for further hearing. The whole process took about 45 minutes. The procedure of the trial seemed quite complicated; however, the usher of the court was very helpful in explaining the whole procedure. The stenographer constantly typed her observations of the proceedings. The argumentation employed by barristers was highly complex, displaying their sound professional knowledge. Being a law student, I had some familiarity with the PCMH, but the excessive use of legal jargons, an unfamiliar court environment, and certain unnecessary formalities made it difficult for me to follow the procedure efficiently. Hence I feel it will be very difficult for a lay person to understand how the process works. Works cited Books: B Brown. No mere trappings, New Zealand Law Journal, 298-300. G Fontaine and Rick Kiger. The Effects of Defendant Dress and Supervision on Judgments of Simulated Jurors: An Exploratory Study, (Law and Human Behaviour, 1978) 63-71. M Hannibal, LPC Handbook on Criminal Litigation 2007-2008 (Oxford University Press, 2007) 267. M Zander, Cases and Materials on the English Legal System (Cambridge University Press, 2007) 349. P Bergman and Sara J. Berman-Barrett, The Criminal Law Handbook: Know Your Rights, Survive the System. (Nolo, 2008). Q Pickard, The Architect's Handbook, (Blackwell Publishing, 2002). R Franks, What to Expect when You Go to Court: Court Procedures and Protocol (Straightforward co Ltd, 2002) 39. R Waites, Courtroom Psychology and Trial Advocacy. (ALM Publishing, 2003). Journal Articles: Lord Chancellor's Department. Summary consultation paper: Court Dress. London. "Bureau of Labor Statistics." Occupational Outlook Handbook. Court Reporters. 4 Jan 2009 "What Barristers Do." The Bar Council. The UK Bar Council. 4 Jan 2009 . Internet Sources: "judge." West's Encyclopedia of American Law. The Gale Group, Inc, 1998. Answers.com 04 Jan. 2009. http://www.answers.com/topic/judge-2 R Webb, "Litigant's Manual for Courtroom Technology." (United States District Court of North Dakota). 4 Jan 2009 . Read More