Analysis of the Courtroom Environment - Essay Example

COURT OBSERVATION by Student’s Name Code + Course Name Professor University City/State Date COURT OBSERVATION Type of Proceedings The proceedings were a direct examination of the last witness of the prosecution, Inspector Collins Richards from the Sydney Police Department. Inspector Richards testified about the conduct of the accused and the statement he gave in respect to the allegations made against him. The defence called for a trial order of dismissal as the attorneys and the judges discussed among themselves about the instructions that were to be given to the jury before any deliberations. This excerpt aims at offering an analysis of the courtroom environment with regard to the observation made in court and the different duties of court members. Courtroom Environment The spacing of people in the courtroom is important. It is strategic to their ability to take part in the court proceedings effectively (Morrison, 1996). A magistrates’ court is a very ritualistic and formal setting where social space is distributed with the fittings and fixtures that consist of its definitive dimensions (Friedman, 2005). In the courtroom, dominance of space is achieved through structural elevation where the seat of the magistrate is raised higher than the rest of the court. In the Sydney court, things were not different as the magistrate sat on the highest seat, placed in front of the court at the centre. In the magistrate court, the defendant is also placed on a higher level where the public is able to view them (Morrison, 1996). However, their dock is placed at a lower place than the seat of the magistrate. This was evident in this court. The defendant was escorted to the courtroom by the policeman who called the cases. The accused was placed in a glass chamber that was guarded by two policemen. He was placed at a position where both the judge and the audience would see him properly. Once the defendant is put in the dock, the policeman who escorts then acts as an equivalent of a personal choreographer (Morrison, 1996). In this court, the escort would tell the defendant when to stand up and when to sit down, when to speak and when to remain quiet. The policeman controlled the behaviour of the defendant. He would tell the defendant to remove chewing gum off his mouth or to remove his hands from his pockets. The police officer at the magistrate court, apart from guarding the defendant and acting as a choreographer, performs several other critical roles in the courtroom. The police control the events of the court (Morrison 1996). From ensuring that the defendants arrive in court, to setting up the entire proceedings, the police officers are important in any magistrate court. For example, in this court, the police drew the charge sheet (Salmond 1997). They also ensured that all the documents pertinent to the case were made available to the court clerk. The courtroom was big enough to accommodate a large audience. Courtroom officers such as a court reporter, solicitors, social workers and all those who help the court to discharge its duties sit between the defendant and the magistrate (Jeffery 1987). This was also evident in this court. The prosecutor and a lawyer were seated on the same level. The audience faced the judge and the court officer as the accused and the witnesses faced the crowd, judge, and the court officer. I sat next to the family of the accused. There were many other people in the audience interested in the outcome of the case, since this was a landmark criminal case. The audience remained silent during the entire proceedings. However, there were a few moments of laughter during the cross examination of the police inspector by the defence lawyer attorney that had even the magistrate laughing. However, one member of the audience was thrown out when his phone rang in the courtroom, which was against the court rules that require everyone to switch off their phones. The prosecutor entered with a large cart that had a lot of physical evidence put in plastic bags. The court officer was on a lower seat, next to the judge. All the evidential documents were passed to the judge through him. There are several degrees of respect that are shown for the court as a reflection of the image of the bench (Walker, 2000). The entrance of the magistrate is always staged and heralded. The opening of the courts starts with the usher calling "Silence in court" then "All stand." Once everyone in the courtroom has gone silent and stands up, the magistrate enters. I observed that in the Sydney court. The court was first called to silence; we all stood and bowed during the entry of the magistrate. The same was repeated during his exit. Behind the seat of the judge was a material made of cotton written below it DIEN EL MON DROIT." It had a lion, a horse and the queen's crown shield. Performance of the Various Persons in the Court Magistrate The magistrate has everything under his control in the courtroom. He ensured that the proceedings moved on efficiently with minimal disruptions. His speech was clear and distinct, ensuring that everyone heard him well. However, he was quite impatient with the defence attorney who kept on fumbling during the cross-examination. Though his frustration with the defence attorney was understandable, it was improper for him to express such emotions that demonstrated his impatience in front of the jury. Prosecutor The prosecutor is the legal representative that is responsible for presenting a case in a criminal proceeding against the accused who has broken the law (Garner 2001). A prosecutor becomes involved in a criminal proceeding once the charges and witnesses have been identified. A prosecutor handles cases on behalf of the state or the crown immediately the police have finished their investigations and identified charges. In this case, there was a prosecutor was a woman. The prosecutor was a complete opposite of the defence attorney. She was articulate, brusque, and confident. She did not take very long pauses to confirm from her notes. She asked direct and concise questions, without having to shuffle papers. She had a very professional demeanour. Resplendent in a dark suit and low heels, she was perfectly suited for the job. Nothing detracted her from her performance, not even the frequent outburst of the defence attorney. However, she was a bit rude. Defence Attorney The accused is entitled to self-representation in minor cases such as traffic offenses in which they are not even required to attend (Morrison 1996). However, in serious cases, an attorney represents them. In some magistrate courts, there are duty solicitors who are available to represent defendants who cannot afford representation. In this case, the accused had his attorney (Morrison 1996). The defence attorney was one of the most unimpressive persons in the courtroom. He was so disorganized to the chagrin of the presiding magistrate. He did not have enough evidence with him. He kept on giving the wrong papers to the court officers. He would stop in the middle of the cross examination to consult his papers. This made everyone, including the audience and even himself to lose focus. His speech was incoherent. He spoke in a low volume that the audience strained to hear him. He kept asking irrelevant questions that would be objected to by the presiding magistrate. Unlike the prosecutor who was impeccably dressed, the defence attorney wore an ill-fitting suit. His unkempt hair and beard was a distraction. However, during the cross examination, he was very polite to the police inspector. This seemed quite odd because in most cases, defence attorneys are harsh and uncouth, Other Court Workers The court has other personnel such as the bailiffs, court clerks, social workers and the security. The bailiff was very helpful. He explained the nature of the case in hand, and helped me with a copy that listed the name of the case, the charges, and the names of the attorneys. The other court workers conducted themselves in a manner that maintained the dignity of the court. Conclusion The court session was very interesting and educative. It was surprising to hear inspector Collins Richards advice the defendant about his rights. However, the language of the court was quite complicated, and at times, I could not understand what was going on. I need to familiarize myself with legal jargon so that the next time, I attend a court proceeding, I will not be lost within the conversation. This court watch was important to me because it helped me to see some of the things I have learnt in class practically. I was able to see the courtroom arrangement and a number of courtroom personnel in action. The court observation shaped my impression of the magistrate, defence attorney, and the prosecutor. Though the performance of the defence attorney was a bit lacklustre, the other people performed their roles very well. The most impressive was the police who were tasked with numerous responsibilities ranging from bringing in the defendant, guarding the defendant, choreographing the defendant, and drawing the charge sheet. Reference List Friedman, F 2005, A history of American law , Simon and Schuster, NY Garner, B 2001, A dictionary of modern legal usage, Oxford University Press, NY Jeffery, C 1987, ‘The development of crime in early english society’, Journal of Criminal Law, Criminology, and Police Science, vol. 47, no. 6, pp. 647–666. Morrison, A 1996, Fundamentals of American law, Oxford University Press, NY Salmond, J 1997, Jurisprudence: The theory of the law, Stevens and Haynes, London Walker, D 2000, The Oxford companion to law, Oxford University Press, Oxford Read More