SLSS Court Observation Report - Free Essay Example

Sample details Pages: 5 Words: 1435 Downloads: 1 Date added: 2017/06/26 Category Law Essay Did you like this example? SLSS Court Observation Report The courtroom is a ritualized space, involving costume, language, spatial organization and so on, and courts, therefore, constitute performative exercises of power. Discuss and analyse some of the ways in which courts demonstrate power and/or power relations. Introduction When it comes to the law, it is often related to social order and justice. In order to enforce the law, some people are given legal power. The courtroom is a place where the use of power is clearly demonstrated. As different courtroom actors play different roles, power is not equally distributed among them. Besides, due to the long history of our legal system, the court is a ritualised space involving a lot of traditional elements and all these elements symbolise power. For example, the judge’s bench is always at a particularly higher level, meaning that the judge holds the ultimate authority. Behind the judge’s bench is the coat of arms of Australia, which symbolises that the judge is appointed to represent the Commonwealth. Therefore, it is not difficult to discover the presence of power disparity if we spend some time observing in a courtroom. Using participant observation as the basic method of gathering data, this article aims to analyse the operations of the court and the power relations between courtroom actors in a courtroom, and to discover whether justice is really served by the court. The observation of court proceedings is carried out in the Local Courts on Levels 4 and 5, Sydney Downing Centre. Judges and Sentencing In accordance with Smith and Natalier (2005: 121), traditional legal concept suggests that judges’ and magistrates’ responsibility is to apply legal principles in a rational and objective way; each party tells their own story, and then the judge, or the jury (if applicable) determines which version is true, on the basis of evidence. Whilst in most of the ‘dailyâ₠¬â„¢ criminal cases there are no juries, such that the outcome of a case is solely the judge’s decision. While we may think that evidences always reveal the truth, in some circumstances there are not any solid evidences such as seized exhibits and surveillance camera recordings, nor any third person individuals who have witnessed the happening of the crime. The whole case simply relies on the statements provided by parties involved, or the testimony of the victim in the crime. As a consequence, the judge has control over the outcome of the case to a very large extent. During the observation in Sydney Downing Centre Local Courts, there were quite a number of cases of this kind. In one of them, the only evidence was a self incriminating statement made to the police by the defendant, in which the defendant admitted that he had committed the crime. The defense counsel, however, claimed that the statement was made under duress and sustained pressure, and therefore he asked for the exclusion of such evidence. The magistrate ruled in favour of the defendant after the ‘voir dire’ procedure. From the above, it is observed that while judges exercise their greatest power in deciding whether the prosecution’s or the defendant’s version is true, many factors are taken into account in order to protect the rights of the accused. On the other hand, there are exceptional cases. In another court proceeding observed, the magistrate suggested that the defendant’s statement was highly unreliable, and he pointed an accusing finger at the defendant saying that: ‘You know what you did.’ The defendant even nodded her head. But what comes as a surprise was that the defendant was found not guilty because the prosecution failed to prove its case beyond a reasonable doubt. This example illustrates the idea of presumption of innocence, and questions whether defendants’ interests can sometimes be overprotected. Knowing that the defendant must have committed a crime, the judge does not necessarily have enough power to convict him/her. After all, the power to prove the case beyond doubt lies on the prosecution’s side, and it is the prosecution’s responsibility to make clarifications on the doubt. Otherwise, the benefit of doubt goes to the defendant. Sentencing is also a way that judges demonstrate their power. With reference to Smith and Natalier (2005: 129), judges have to consider many factors including the seriousness of the offence, previous criminal record of the defendant, the range of penalties applicable, harm caused to the victim, and recent court decisions of similar offences. As observed in the courtroom, the penalties are always similar for cases of the same nature, and magistrates often prefer to obtain assessment reports from probation and parole officers to see if community service orders would be a suitable alternative. It is also noteworthy that a 25% discount of the pe nalty is usually awarded for a defendant entering a guilty plea, as an incentive for the defendant to face the consequence of wrongdoing. Thus, it is shown that judges tend to achieve restorative justice, and they decide appropriate sentences in the aim to reduce the risk of re-offending. Courtroom Languages Language is always a form of demonstrating one’s professional knowledge, while knowledge is related to power. Power relationships can be easily observed by looking into the use of language in the courtroom. The hierarchy of power is most explicitly displayed when lawyers refer to magistrates as ‘Your Honour’ or ‘Your Worship’. A magistrate in the Downing Centre courtroom seemed to notice this, and she called the defense counsel ‘mate’. However, for a defendant, the use of legal language can be distressing. They are often needed to synchronise their answers and stances, in a way far removed from the conventions of everyday co mmunications of ordinary people (Carlen, 1976: 51). During the observation, a defendant entered a guilty plea for a minor offence, but he refused to admit the brief facts. The magistrate told him: ‘If you would like to go for a guilty plea, you must agree to the facts, as they are the essence of the charge’. The defendant explained: ‘I plead guilty just because I don’t want to cause any more trouble’. The magistrate said: ‘But if you don’t admit the facts, we will treat this as not guilty’. The defendant looked confused, said: ‘I agree’. As suggested by Carlen (1976: 54), this demonstrates the way that court proceedings proceed, regardless of the fact that many people are actually unable to understand what is going on, and to participate in what is going on. As a result, it is barely surprising that many defendants feel helpless in the court, especially when they do not have a lawyer representing them. Power is als o displayed when courtroom actors are eliciting information from witnesses. Witnesses are required to answer in response to the particular question, and they are not allowed to suggest other things which they believe to be important (Smith and Natalier, 2005: 129). During the observation, a witness was testifying and he got unamused when he was asked a series of short questions related to the identification of the defendant, such as ‘how far were you apart from the defendant when you spotted him at the scene?’. The witness asked ‘Is this important?’ and he got rebuked. Questions are usually asked by courtroom actors in a more direct way during cross-examination, but they can be irritating when one side is putting its case to the other side’s. In the trial hearings observed, witnesses are always asked manipulative questions like ‘I put it to you that you have been lying to us, do you agree with that?’, while they are only allowed to simpl y answer either ‘Yes’ or ‘No’ but not to give explanations. This can be unfair as witnesses are not given any chance to further clarify on false accusations. Conclusion After the observation on court judgement and sentencing procedures, it is acknowledged that judges and magistrates try their very best to achieve justice by carefully exercising their supreme power. The principle of procedural due process is especially remarkable in promoting fairness, despite that there are some limitations in serving justice. Be that as it may, it is undeniable that uneven power distribution often exists in a courtroom. While legal representatives hold certain power, defendants and witnesses have no say. Being unfamiliar with the complex rules and procedures, these non-legal representatives sometimes do not even understand what is going on in the courtroom. All in all, it remains questionable whether the way that court proceedings are carried out can really accommoda te fair treatment for the powerless. References 1.Carlen, P. 1976. The Staging of Magistrates Justice. British Journal of Criminology. 16(1): 48-55. 2.Smith, P. and Natalier, K. 2005. Understanding Criminal Justice: Sociological Perspectives. London: Sage. Page 1 Don’t waste time! Our writers will create an original "SLSS Court Observation Report" essay for you Create order

Can you picture your life without happiness There are...

Can you picture your life without happiness? There are many things necessary to living a full and enjoyable life. One of these things is happiness. Without happiness, our lives would have no color or purpose. Therefore, everyone needs happiness in order to savor life. In life, there are many things that will try and bring you down. However, if you keep happiness, you will rise above them. â€Å"Everyone is frantically looking around the world for happiness.† (Spaht 24-25). Instead, if you would relax and live life to the fullest, happiness would find you. â€Å"Our happiness is found in the happiness of other people.† (Spaht 27). When we make other people happy, we obtain happiness. â€Å"The more happiness you give, the happier you will be.† (Spaht 30)†¦show more content†¦Happiness is a powerful force that will cause your worries and doubts to vanish. Due to happiness, we are allowed to live pleasant lives. 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Intrapersonal effectiveness Free Essays

Definite aim, vision and repose are three attributes out of a long list that have been deemed â€Å"Qualities that make ordinary people extraordinary’ Monsoon, M. C. And Hager, P , 2008). We will write a custom essay sample on Intrapersonal effectiveness or any similar topic only for you Order Now As a result, in this portfolio, I will conduct an indented analysis of my own interpersonal strengths and weaknesses in relation to those attributes that are likely to assist me in my perusal of success, and those attributes that are likely to assist me in my own career path as an investment banker. More specifically, I will be focusing on a reelection of my interpersonal effectiveness using the NEO ‘PIP measure of personality and associate these to my life experience. In conjunction to this, I also identify how I intend to build such attributes in regards to my career goals, which will be done in relation to the â€Å"SMART† criteria. 2. Interpersonal Effectiveness The definition of interpersonal effectiveness is given as ‘understanding yourself (and your goals, strengths, weaknesses, style and biases) and improving self-management skills, such as time management and stress management. (De Janis, Wood, Gotcha, Dodd Schneider, 2006, p. 3). The detailed intricacies of interpersonal effectiveness will be cross examined through the use of the Big Five, a highly accurate hero based on the personality and performance of an individual. 2. 1 The Big Five An individuals personality can be defined as â€Å"the characteristic patterns of thoughts, feelings, and behavi ors that make a person unique. It arises from within the individual and remains fairly consistent throughout life†, (Genera Cherry, 2014). Personality is commonly seen as being made up off number of attributes which can be defined as vast dimensions on which people vary, such as conscientiousness. Knowing which category we fit into in regards to major personality traits is likely to aid us in our pursuit to reach our personal and professional goals. Many contemporary personality psychologists believe that there are five basic dimensions of personality, often referred to as the â€Å"Big five† personality traits. The five broad personality traits described by the theory are extroversion, agreeableness, openness, conscientiousness, and neurotics, (Genera Cherry, 2014). It has been observed over time that certain personality traits can result in greater success in life on both a personal and professional level. In relation to investment banking, personality traits such as being resilient, charming and flexible have all been shown to align with 2. Analysis and reflection of results My personality test scores (see Table 1 below) show that I am high in extroversion and conscientiousness but low in Neurotics. This result labels me as an individual whose traits include characteristics such as excitability, sociability, talkativeness, assertiveness and high amounts of emotional expressiveness in the extroversion category, and high levels of thoughtfulness, with good impulse control and goal- directed behaviors in the conscientiousness (Costa McCrae, 1999). From both my personal and professional experience, I can see a strong connection between the rats of a extroversion and conscientiousness individual and myself. In the past I have been regarded as social and assertive (almost overpowering), but also a friend who is willing to help others solve their personal problems, all of which are characteristics of extroversion and conscientiousness. In terms of neurotics, I also feel as if the low score was an accurate scaling for me as I am a very positive young member of society who is blessed with the opportunities and success that life has presented me with so far. Table 1. NEO-PIP Results Dimension My score Neurotics 15/50 Extroversion 43/50 Openness to Experience 9/50 Agreeableness 27/50 Conscientiousness 35/50 that I do poses extroversion qualities which will help me in my pursuit to become a successful investment banker, but I also poses qualities such as compassion and thoughtfulness which might pull me back, (Sarah Butcher, 2013). Investment banking can be a cut throat industry where your personal decisions can determine the future of hundreds of peoples Jobs. If I let my conscientious traits get in the way of the bigger picture, I might not be able to perform at the top of the league. Although it might be perceived as a negative attribute, it is possible that to be successful in my reflections career, I need to learn to be less compassionate and let situations take on there natural course without trying to fix them myself. I plan on doing this by goal setting using the SMART criteria, and Kola’s experiential learning theory. 2. 3 Goal setting My personal goal is to improve on the core elements of the trait â€Å"conscientiousness†, but rather than trying to increase my depth in this field, I intend to decrease my score on the NEO ‘PIP test over a period of twelve months. By doing so I will score low in all traits except Extroversion, which is where I need to be to excel and match the resonantly of a successful investment banker. By using SMART goals and experiential learning theory (Kola, 1984), I believe that I can set specific, measurable, achievable, relevant and timely goal of decreasing my conscientiousness to a score of below 25 on the NEO ‘PIP test. I aim on doing this by actively implementing a reflective learning method that will decrease amounts of sympathy, compassion and the need to solve issues that don’t directly affect me. I will implement this plan using Kola’s experiential learning theory (Salesman, C. K. , Rider, E. A. (2008). This involves; 1. Understanding the importance f emotional intelligence in all aspects of life. 1. 1 . Self-awareness: Understanding and mastering my own emotions and being aware of their origins. 1. 2. Self- management: knowing my boundaries, only get involved in situations that will directly affect my personal and professional performance. 1. 3. Social awareness: Becoming familiar with recognizing hierarchy within groups and knowing when to take control of a situation. . 4. Relationship management: Learning the ability to become unanimously liked by social groups, manage conflict, inspire and influence people to communicate clearly. 2. Join a real work group in a study area with a clear performance goal. 3. Incorporating communication strategies in the first group meeting, including 3. 1 Not blindly rejecting opinions or options that seem weak or lack creativity. 3. 2 Not forcing my ideas onto others, use â€Å"l suggest† or â€Å"l propose†. 4. Examining my behavior and performance by creating a reflective Journal at the end of each meeting, and seek constructive criticism to enhance my learning procedure and gain a higher understanding of the impression I leave behind. 5. Reflecting on my overall performance of the process and repeating all steps in a second work rope if necessary. Throughout this portfolio, I have reflected on my interpersonal attributes, and have set specific SMART goals to solve the primary imperfection identified (higher levels of conscientiousness than needed for an investment banker). First, I assessed my interpersonal effectiveness through the use of the Big Five model of personality. Second, I evaluated the likely implications of these attribute scores for both my personal and my professional success. Third, I identified one detailed SMART goal, which focused on decreasing my empathy, compassion and need to resolve issues hat don’t directly affect me, and provided a detailed outline to show how I intend to meet this goal. In conclusion, I believe that although decreasing my conscientiousness might mean that I come across as a slightly less caring person, in the long run it will help me achieve my professional goal of becoming a successful investment banker. How to cite Intrapersonal effectiveness, Papers