Court Proceedings Essay

3296 words - 13 pages

Court Proceedings Court proceedings are the most public manifestation of the criminal
justice process, the arena in which justice is very literally "seen to
be done". This is especially true of the trial, generally assumed to
be the stage in the process where the defendant has his or her day in
court and the opportunity to assert innocence. The trial is a vial
part of the adversarial system, and as we have seen the right to trial
by one's peers, represented by the jury system, and as we have seen
the right to trial by one's peers, represented by the jury system, is
seen as a fundamental protection for the defendant against the power
of the state.

A Crown court trial has some of the appearance of a theatrical
performance with costumes, ceremony, dramatic settings and seating for
audience. These dramatic qualities are also evident in the
cross-examination of witness to see who will play their part well, and
the speeches of counsel to win the sympathy of the jury. They play out
their roles in line with the adversarial principles of the trial. The
prosecution and the defence counsel present their arguments before a
judge whose role is to ensure a fair trial, and the jury, who must
decide on the guilt, or not, of the defendant. The real life drama of
the trial lies in its public examination of and formal adjudication
upon matters of human weakness and wickedness.

At a more prosaic level, the trial seeks to establish the guilt, or
otherwise, of the accused. Whether a trial takes place in the
magistrates' court or the Crown court, the key issues are the same and
relate to the principle of the presumption of innocence and the
application of the adversarial approach to justice.

In the Crown court, the body charged with determining guilt or not is
the jury. Defended by some as the bastion of democracy, castigated by
others as unwieldy anachronism that allows miscarriages of justice to
take place, the jury has been part of the criminal justice system in
one form or another since the twelfth century. Juries are currently
composed of 12 men and women drawn from the register of electors for
the area in which the trial is to take place. The qualification for
jury service is now laid down in the Juries Act 1974. To be eligible
for jury service a person must be:

- between 18 and 70

- ordinarily resident in the UK for at least 5 years since the age of
13

- not ineligible

- not disqualified

Members of the judiciary and legal profession, the

clergy and the mentally disordered are ineligible. Disqualified
categories of persons include anyone who has received a custodial
sentence of more than 5 years or a life sentence, those who have been
sentenced to probation within the last 5...

Find Another Essay On Court Proceedings

Cameras in the Courtroom Essay

1414 words - 6 pages Cameras in the Courtroom This fall, Zacarias Moussaoui is scheduled to go to trial for his participation in the airplane bombing of the World Trade Center in New York City. Along with the media frenzy that accompanies a trial of this magnitude, a separate battle is being waged between Courtroom Television Network LLC (Court-TV) and the U.S. Government over the right of the former to televise trial proceedings. The Government of the

What are the statutory duties of the Victorian County Court?

981 words - 4 pages substitutes a sentence of imprisonment for a non-custodial sentence. One can then, with the leave of the Supreme Court appeal against the sentence to the Court of Appeal.Legislation Of The County CourtIn the County Court, there is legislation that controls the court. They are the County Court Act 1958, County Court rules of procedure in civil proceedings 1999, Rules of the County Court 1964 and County Court Practice 1975.The County Court JudgesIn the

The European Court of Justice

1337 words - 5 pages , unless referred to it by a national court where the action was brought in the first place. It also hears cases involving breaches of the Treaty obligations by Member States. The ECJ has the important function of upholding the treaties that govern the EU and ensuring that the European Union Law is interpreted and applied in the same way across Europe by allowing different court proceedings. These include

Court Report - report on visit to a court

747 words - 3 pages parties and their representatives? When did the matter start?The parties involved were the husband and wife. The husband had a barrister there to represent him and the wife had both a barrister and a solicitor present. The dates of when the matter started were not mentioned and the case hadn't been resolved when I left the court at 2pm.7. What was your reaction to the way the hearing was conducted? Was it easy to understand?The proceedings were

Instruction to Counsel

1022 words - 5 pages 1. Counsel is briefed with copies of the following: 1.1. The appeal record in this matter consisting of, among other things: 1.1.1. The papers in the review proceedings before Murphy J, in the North-Gauteng High Court, Pretoria reported at 2013 4 All SA 647 (GNP); and 1.1.2. The judgment of Murphy J in the review proceeding handed down on 23 September 2013 in the North Gauteng High Court. 1.2. The heads of argument of the parties in the review

The causes of court delays in Malta are attributable to legal culture and history. Do you agree?

1161 words - 5 pages that the clients tend to tell, certain facts tend to remain unclear for a longer period of time, which will in turn also create delays. Despite that the attitudes adopted by legal professionals, with regard to court proceedings might be culturally and historically induced, one should also consider the situation regarding our judicial system today and the proceedings adopted. The main feature of our court is that it is accessible to all and this

Court Case Number 202: First Degree Murder

1330 words - 6 pages still unsatisfied and, therefore, appealed his case to the United States Supreme Court in 1965. Legal Proceedings: The first ten amendments in the United States Constitution are known as the Bill of Rights. Of these amendments, the fifth calls for due process during trial, outlaws double jeopardy and states that a person cannot be forced to testify as a witness against him or herself. A defendant is allowed to “plea the fifth” and stay silent

The Concept of Fair Trial

1772 words - 7 pages influence. Publication of contempt can be either a criminal or civil contempt. At common law, there are three offences of criminal contempt. This includes interfering with pending or imminent court proceedings, contempt in the face of court and scandalizing the court. The criminal contempt offence committed by Speech Owt is interfering with pending or imminent court proceedings. It is concerned with the likelihood that a juror or witness may be

Section 78 of the Police and Criminal Evidence Act 1984

2192 words - 9 pages of s.78 has been glossed over and it has instead been utilized as if it were a subsection of s.76. Whilst ‘unnecessary’ is perhaps the wrong term to use the purpose of s.78 has been defeated. I would first draw attention to how section 78 of PACE should be used. A judge has the discretion to use s.78 if “the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.” The key issue here is

assignment

731 words - 3 pages Instance.State:the full title of the proceedings (or case number) which you observed.(check any Court List available) HCA 1069/2008 傳票(寬延期限) Summons (For time) 楊振文律師行 Rowdget W. Young & Co. 楊源禧律師事務所 Y.H. Yeung and Associates the date of the hearing.The date of hearing was Monday, 15th April 2013.the

Courtroom Spacial Distribution and Positioning

1627 words - 7 pages Through observing legal proceedings undertaken at the Downing Centre’s district and local courts, it can be seen that power and power relations are expressed in the courtroom through many different aspects of the court performance. The courtroom is an intentionally organised space and therefore the structure of the courtroom and the positioning of key players are suggestive of the existing power disparity. The internal architecture of the

Similar Essays

The Role And Proceedings In A Court

2366 words - 9 pages Outline  Introduction  The Role and Proceedings in a magistrate’s court  The Role and Proceedings in a Crown court  Comparative analysis  Conclusion Introduction The court system in the United Kingdom has continuously been changing over the year’s .In the recent past; the pace of change in court reforms has been fast, this has in turn led to some important changes within the English court system. For example, prior to the

This Is An Essay About The Internment Of The Men At Guantanamo Bay, Cuba And The Court Proceedings Which Took Place Afterward

1231 words - 5 pages States military base in Guantanamo Bay, Cuba, the United States does not have jurisdiction over these cases of Rasul v. Bush and Odah v. United States. That is, the petitioners and Plaintiffs do not have access to U.S. courts and our Due Process of Law as stated in the Fifth Amendment of the United States Constitution.In the Petitioner's and Plaintiff's claims to the court, Rasul and Petitioners seek Writ of Habeas Corpus, as Odah and Plaintiffs

Maintaining The Rule Of Law Essay

965 words - 4 pages for all. This is achieved through the professional identity legal personnel establish, demonstrating the importance of professionalism and resilience in the pursuit of justice and prevention of arbitrary abuse of power. This is observed in the comparison of the different courts and their operation to uphold the rule of law. Court Proceedings The proceedings of all levels of court demonstrate the significance of professionalism of magistrates

Malaysia Essay

1133 words - 5 pages . Then, the second jurisdiction for Syariah Appeal Court is the supervisory and revisionary jurisdiction. As following to this jurisdiction, the Syariah Appeal Court may call for and examine, at any stage or any proceedings (civil & criminal) in the Syariah High Court, the records of such proceedings, and give such directions as justice may require. It may do so either follows to his own motion or at the instance of any party. In this situation, the