The Victorian Criminal Court System - Assignment Example

The Victorian Criminal Court System Student Name Institution Course Date Question Why do we need the specific types of Magistrates Courts and how effective are these specialized courts? The Victorian (Australian) Magistrates Courts system has several courts namely the Neighborhood Justice Center, the Family Violence Court, the Koori Court, the Children’s Court or the Drug Court in Australia. Specialize upon any two of the listed above. The Victorian Criminal Court System Introduction The Victorian Magistrates Court system forms a hierarchy that is interrelated in one way or another. However, through the hierarchy level the high court of Australia remains the final decision maker as the court of appeal. Australian criminal law is based on the function of creating justice for persons who have experienced injustice. These laws deals with criminal offenders to create a society that is safe and less of harmful persons. Some of the punishments that this court system brings are imprisonment, community orders and or fines. Criminal sessions in the court are between the prosecutor and the offender in a form of R versus Smith and Others. The Victorian Magistrates Courts has several types of categories which however, function as one in dealing with criminal injustice. This context will highlight the specific types of Australian Magistrate Court System and their effectiveness to the society. The Magistrates Courts According to Campbell et al., (2012), the magistrate court is the lowest in the hierarchy. In its capacity and powers it has the powers to determine most cases. Each case in this court system is determined by a single magistrate and there is no jury involved in decision making. Some of the crimes that these courts deal with are terrorism, sexual offences, defensive homicide among other criminal offences. The Neighborhood Justice Center deals with the magistrates working with house psychologists and social welfare workers in finding out the criminal liability of offenders in the states. This magistrate courts works hand in hand with the Koori court. The Koori court provides a form of outside court settlement in the presence of Koori elders to come up with decisions, solutions and analysis of the cause of crimes. The Family Violence Court deal with family matters in relation to violence that takes place in homestead. The Children’s Court or the Drug Court in Australia deals with criminal offenders under the age of 18 years. Moreover, it deals with the study of causes of criminal action by minors. All these special courts are well recognized by the administration of law and justice as part of the magistrate courts in hierarchy. They operate in formal and informal ways to make sure that justice is fully delivered to the citizens of the estates. In their form of hierarchy where the special courts fail to deliver justice, punishment, sanction or sentences then he mainstream magistrate court comes into action. The magistrate court in its capacity has the Magistrate Juvenile Courts for the underage and the mainstream for the adult members of the society. However in most occasions the underage are treated with the same leniency as in the Koori Children’s Courts. The only factor that changes is the mode of operation and the application of the legal system in practice. Where medication or health issues arise the same courts are in charge of the matters assigned be it the special magistrates court o the mainstream. The Neighborhood Justice Center According to Sheehan and Borowski (2013, 129), this court was first established in 2007. One of the present Neighborhood Justice Courts centers is found in Collingwood. This court is entitled to provide legal advices, employment to reform the offenders in the system, mental health services, psychotherapy, housing supports and medication. The sole magistrate at these courts is entitled to multi-jurisdiction to hear matters of all criminal divisions in minors and adults in the community. It has a unique process of operation called problem solving. The courts are deemed to provide accessibility to the community in relation to making lay way to accessible justice. One of the NJC systems that have functioned well is The Red Hook Community Justice Center. These centers are highly empowered to restore, reform and empowers the community to operate in a new level of legal and social matters. This form of justice provides a new arrangement of handling matters I a non adversarial mode of operation. The NJC functions well with the corporation of other commissions or bodies that help in establishing the crimes committed. Effects of the Neighborhood Justice Center Although, the system is established in most of the areas in Australia, other regions are disadvantaged. In areas like Yarra, this system is highly established and the population in the locality benefits from it. This court has been able to provide safety and reduce crime rates in the neighborhood. Through the improved safety system that the magistrate use the community has gained confidence in the courts. Through the local confidence, the community has been able to trust the justice legal system to bring solutions for their problems (Miller, Hess, & Orthmann, 2010. 205). The legal fraternity became more reliable since although to areas where the court is too far the privileges are not experienced. The rate of crime in the community has dropped hence the elders of the Koori are in support of the system through the Koori courts established within the localities. This court system has been able to establish good relations between the local members of the community and the legal system. Through this the community corporation the Neighborhood Justice Officer sets out an informal court meeting. In these, forums solutions and decisions are produced in conformity and agreement. The public legal and defendants participation of coming up with solutions provides an informal form of equity which is very key in handling court matters. In its multifunctional mode of operation the court helps the community to handle different matters at a go during its sections. In its capacity is affects the life of minor offenders as a court with the jurisdiction to handle children matters. This system is functional at restoring the offended party to their previous position in the remedy of restitution. The offender can also be assisted to get through the criminal attitude and eventually be trained to become a functioning citizen. The system is functional in linking the community with the legal system through the informal setting in which legal advice are given by counsels. This court system is also effective in transforming traditional court into effective modern NJC settings that create permanent more reliable processes to justice. The NJC provides an effective layout of a non adversarial mode of delivering justice. Through this cases are heard often and in a quick form of arrangement to handle criminal matters (King, Freiberg, Bagatol & Hyams, 2009. 160). The Koori Court According to Hinton, Rigney and Johnston (2009, 230-231), this court comprises of an informal arrangement of the elders in Aboriginal and the community members. It deals with offenders who have pleaded guilty to the crimes alleged. In such a setup the persons who can participate in the setting sessions are the Koori elders and justice officer and the Koori defendant and their family members as illustrated by Blagg (2008, 132-133). Koori courts are also partitioned in a division of the children which are the Koori children courts. Some of the regions in Australia that have such court arrangements are Warrnambool Magistrates’ Court, Swan Hill and Mildura Magistrates’ Court. The Koori Court targets the Koori community and the Torres Strait Islander in the states. The ideal function of this court is the incorporation of the Australian traditions and customs into the legal system. The Koori Court Act is under the Magistrates’ Court Act 2002 (Sheehan and Borowski, 2013, 129) notes. A sentence breached by a n offender in the Koori court can be can only be reviewed by the magistrate court. The Chief Magistrate of Victoria is the key determinant of the hearing dates for the Koori courts. The hearing process of the Koori court The hearing in this form of court setup is very different from the formal court (Bucerius & Tonry, 2013.373). The difference is seen from the mode of sitting arrangement to the mode of giving punishments and sentencing. The offender has to be identified as an Aboriginal or a Torres Strait Islander and the court must verify such identity. He must have pleaded guilty to the offence to which the court has jurisdiction to deal with. The elders, judicial officer, the accused and all other parties sit at a large table to present the informal arrangement setup. The proceeding allows all parties to speak freely in common languages. Verbal testimonies and written evidence are produced by either party. The Koori community representative gives an advice to the magistrate. Negotiations for sanction and punishment are conducted. If the magistrate deems it fit to transfer the matter to the main magistrate court it is deemed okay. The sentencing and judgment are explained in English and the magistrate has the ultimate authority in deciding cases. However, this court can give punishments with or without convictions of the victim. In addition, any sexual offence cannot be not be handled by this court (Behrendt, 2012. 391-392) notes. The effect of the Koori Court The Koori Courts are very successful in creating a reduction of criminal activities through their unique form of arrangement. The community has been able to participate in sessions where they are allowed to play the role of the family and community elders. Through the incorporation of the traditions and customs the community leadership and family structures have been strengthened (Miller, 2008. 11). It leads to the introduction of an agreement between the government legal system and the advancement the Koori community (Miller, Hess, and Orthmann. 2010. 202). The Koori Courts reduce the insight of cultural estrangement and tailors the punishment orders into the cultural need of the Koori community. The colonial and cultural differences in governance were merged together t o create a common interrelation of law and order. According to (Sheehan and Borowski, 2013, 131) the community has highly affected the practice of recidivism in the community thereby creating a better safe environment to live in. The justice outcome in the community has improved. This system of operation has encouraged the discussion of matters openly without complicated legal procedures. This court is liable to reduce the rate of offending behavior in the community by putting a standard of conduct. The court is also effective in maintain and passing over of the customs and traditions of the community through the advice that the court give during the sessions (Bucerius. and Tonry. 2013. 374-375) notes. It provides a form of familiarity as a form of a non adversarial mode of operation. The informal arranges gives the opportunity of the parties to explain their cause of action which lead to them behind sued. The main cause of the problem is identified which will be used as an analysis to prevent such offenders and offences from springing out in the community. According to (Blagg, 2008. 127) it provides a form of family protection by the presence of the family at the court session and therapeutically jurisprudence. Although the Koori court has most advantages the legal system sometimes views it as a setback to punishing offenders. Especially in positions where there is a breach of sentencing by the offender. In relation to Blagg (2008. 134), the other negative effect is that the Koori Court does not get a second chance to give effective and more severe punishments to the offenders who breach punishments. In another instance it has been used for negative effects by the offenders because of its easy protocols. Functions of the Victorian Magistrates Special Courts in the court system These courts were introduced to make sure that the court justice reached every person in the community both advantaged and disadvantaged (Tarakson, 2004. 9). According to Miller (2008. 14), it gives the victims moral support by being friendly and creates an atmosphere that is accommodative. The special courts assist in the administration of law and order in the small communities in the state. It helps the community to learn and appreciate more about the law and the codes of conduct expected in the society. These systems reduce the amount of court orders and delayed justice. The special courts provide a special forum where the customs and traditions are appreciated and put into practice such as the Koori Courts where elders are instrumental parties. It helps in the administration of justice and sentencing of punishment to those who are deemed guilty especially in the Children’s Koori Courts. In reference to Campbell and Lee (2012. 21), the special courts help in initiating alternative forms of punishments and reforms that are quick to apply and at the same time effective .Through their restorative jurisprudence it provides legal opportunities to feature the wellbeing of one individual after another (McMahon, & Wexler, 2003. 10-11). Conclusion In conclusion the, most of the Victorian magistrate courts have video link facilities. They are most advantageous when the video witness conferencing is needed due to some unavoidable circumstances. Although, the magistrates provide a link to justice in the magistrates court the elders and other criminal experts assist in the long run. These courts practice the various forms of punishment that are liable in the criminal process to reform, punish and restore the good will of a man. The Bailliue government provides such specialist courts in creating room for justice and reforms for the less advantaged members of the society. All the special courts are functional to the community and the minors who require instance attention. Although, these special courts may seem to be so small in function, they contribute a lot in the administration of law and order in all aspects. In relation to Blagg (2008. 135) the Koori court should be facilitated with the necessary programs and skills to make work easy and effective. List of References Australian Bureau of Statistics, 1994, Year Book Australia, Canberra. Aust. Bureau of Statistics. ISSN 0810-8633 Tarakson S., 2004, Everyday Law, Federation Press, Sydeny. Sheehan, R. & Borowski, A., 2013, Australia's Children's Courts Today and Tomorrow Volume 7 of Children's well-being, Springer, New York. Miller. L., Hess. K. & Orthmann. C., 2010, Community Policing: Partnerships for Problem Solving. Edition 6, Cengage Learning, Stamford. Campbell. E., Campbell. E., M., & Lee H., P., 2012, The Australian Judiciary, Cambridge University Press, Cambridge. McMahon, M. & Wexler D., 2003, Therapeutic Jurisprudence. Federation Press, Sydney. King. M., S., Freiberg. A., Bagatol. B., & Hyams R., 2009, Non-adversarial Justice, Federation Press, Sydeny. Miller H., V., 2008, Restorative Justice: From Theory to Practice, Emerald Group Publishing, England. Blagg H.,2008, Crime, Aboriginality and the Decolonization of Justice, Hawkins Press. Hinton M., E., Rigney D. & Johnston E., 2008, Indigenous Australians and the Law, Routledge, London. Behrendt L., 2012, Indigenous Australia for Dummies, New Jersey, John Wiley & Son. ISBN 1118308441, 9781118308448 Bucerius. M. S. & Tonry. M., 2013, The Oxford Handbook of Ethnicity, Crime, and Immigration. Oxford University Press, Cambridge. Read More