Courtroom Observation Report

Observation report on a criminal trial in the District Court by Judge M. King at Downing Centre Court, Sydney. Analysis of the judge's neutrality, respect, and voice in the proceedings.

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Courtroom Observation Report
University:___________________________________
Name:_______________________________________
Student Number: _____________________________
Unit:________________________________________
Introduction
There are two main sources of law in Australia, case law or common law, based on
the decisions of judges in the superior courts, and legislation, the law made by
Parliament. Because of the Federal system of Government in Australia, we have:
1. Court decisions and legislation made by Federal Courts and Federal
Parliament, and
2. Court decisions and legislation made by State Courts and State Parliaments.
Judges are responsible for making decisions in court are critical to the system
achieving procedural fairness and in turn engendering community trust in authorities
Instrumental in the process is the conduct of the Judge. Body language and
behavioural aspects such as voice, neutrality, and respectful treatment are central to
how the court system is perceived.
Judges must be aware and pay attention to creating fair outcomes, they should also
tailor their actions, language, and responses to the public’s expectations of
procedural fairness. By doing so, these judges will establish themselves as legitimate
authorities; substantial research suggests that increased compliance with court
orders and decreased recidivism by criminal offenders will result. Procedural fairness
also will lessen the difference in how minority populations perceive and react to the
courts.

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Aims of the observation
This court observation report aims to help you to understand the courts process and how the
major parties conduct themselves in court.
Task
You are to visit the Downing Centre Court complex in Liverpool Street Sydney and observe a
court case. You should then complete the attached form and hand in to your lecturer.
Court Visited: District Court
Judge Name: Judge M. King
Court Location: Downing Centre Court, Liverpool
Street,Sydney,,NSW
Date(s) of observation: 02.08.2018
Type(s) of proceedings observed: Criminal Trial
Was the judge aware of this observation? Yes No Unknown
Neutrality
People bring their disputes to the court because they view judges as neutral,
principled decision makers who make decisions based upon rules and not personal
opinions, and who apply legal rules consistently across people and over cases.
Tom Tyler, “Procedural Justice and the Courts,” Court Review
Consider, for example, whether the judge:
§ displayed judicial fairness and impartiality toward all parties;
§ acted in the interests of the parties without regard to personal prejudices;
§ listened carefully and impartially;
§ applied rules consistently across people and over cases;
§ maintained a neutral demeanor or expression while in court;
§ was open, clear, and transparent about how the rules of law were applied and how
decisions were being made;
§ consistently treated participants equally and displayed behavior appropriate for the
situation;
§ was unhurried, patient and careful.
1. How would you describe this judge’s ability to be neutral, principled and
consistent?
Judge M King, the presiding officer of the court had already heard a few matters before the
matter currently being heard was called for hearing. The accused was brought to the stand and
was sworn in by the bailiff. The first example that Judge M King was neutral and principled was
observed when he presented the accused with an opportunity to make a statement relating to
the charges brought before the court against him. The accused however refrained from making
any statements on the advice of his counsel. Judge M King’s consistency was brought out by the
fact that the various applications were made by the prosecution regarding evidence that is
normally inadmissible but should be considered by the court but Judge M King stated that due
process of law was of utmost importance and the same would not be overseen by the Judge on

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the basis of the gravity of the case. The Judge further demonstrated his fairness by ensuring
that the accused was made fully aware of the charges brought against him by a reading of the
charges sheet and additionally went on to explain to the accused the implications and probable
penal action for each of the charges.

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Respect
Respect includes treating people well, that is, with courtesy and politeness, and showing
respect for people’s rights.
Providing people with information about what to do, where to go, and when to appear, all
demonstrate respect for both those people and their right to have their problems handled
fairly by the courts.
Tom Tyler, “Procedural Justice and the Courts,” Court Review
Consider, for example, whether the judge:
§ provided participants with specific information about what to do, where to go, and when to appear;
§ treated everyone with courtesy, dignity, and respect;
§ maintained appropriate courtroom tone & atmosphere;
§ demonstrated appropriate consideration for the rights of all persons in the court;
§ demonstrated an intention to do what is right for everyone involved;
§ helped interested parties understand decisions and what parties must do as a result;
§ used clear language when speaking to jurors, litigants, witnesses, and attorneys;
§ demonstrated respect for people’s time and acknowledged their patience as needed;
§ demonstrated interest in the needs, problems, and concerns of participants;
§ seemed prepared for the proceedings;
§ demonstrated appropriate body language (e.g., eye contact, facial expressions, posture, attire);
§ demonstrated respectful voice quality (e.g., pitch, volume, tone);
§ clearly articulated awareness of the practical impact on the parties of the judge’s rulings, including the
effect of delay and increased litigation expense;
§ clearly explained the reasons for his/her decisions when appropriate.
2. How would you describe this judge’s respect for people and their rights?
In case of Judge M King’s court the ambiance inside the courtroom was a clear indication of the
standard of decorum maintained. Being understated and subtle himself, he would need
absolute silence within the courtroom to ensure his pronouncements were heard by all those
present before him. This also ensured that the rights of the parties to any disputes are
observed as a disciplined courtroom is best suited for a fair trial and a swift and accurate
carriage of justice. Judge M King was also specifically interested in ensuring that the accused
fully understood the gravity of the offences he was being accused of before the
commencement of the trial. This was also observed in other matters before him. This show an
unwavering adherence to due process of law and a strict abidance by fundamental rights
guaranteed to each citizen by virtue of the Constitution. Judge M. King was also extremely
courteous with each individual who addressed him and the crowd observing the proceedings
on that day. He also ensured that all his queries and instructions were succinctly delivered for
the benefit of all litigants and parties present in court. His pronouncements showed an
exemplary inclination to uphold the rights of the individuals present before him.

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Voice
People want to have the opportunity to tell their side of the story in their own words before
decisions are made about how to handle the dispute or problem. Having an opportunity to
voice their perspective has a positive effect upon people’s experience with the legal system
irrespective of their outcome, as long as they feel that the authority sincerely considered their
arguments before making their decisions.
Tom Tyler, “Procedural Justice and the Courts,” Court Review
Consider, for example, whether the judge:
§ allowed participants to voice their perspectives/arguments;

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§ demonstrated to the parties that their story or perspective had been heard;
§ behaved in a manner that showed the judge had fully considered the case as presented through
witnesses, arguments, and documents before the court;
§ attended, where appropriate, to the participants’ comprehension of the proceedings.
3. How would you describe this judge’s skill at providing the participants a
voice in the proceedings?
The courtroom warrants equality before the law and is also the place that
demonstrates this concept the best. Judge M. King’s court was exceptionally efficient at
conspicuously displaying fairness towards all sides to a legal dispute. In the same way
that the rights of the parties were duly observed within the sphere of due process of
law, all parties to each dispute was given an equivocal opportunity to voice their
contentions in respect of the matter at hand. The prosecution was allowed an expert
witness to establish their claims fully and the defense was guaranteed an adequate
opportunity for rebuttal through cross-examination if and when the prosecution
presents its expert witness. Judge M. King was extremely patient during all proceedings
and further provided each party with the opportunity to elaborately establish their
submissions before the court.
4. If you were to appear before this judge as a litigant, would you have confidence
that this judge would treat you fairly? Why or why not?
The experience of witnessing proceeding presided over by Judge M. King instills and/or
reaffirms one’s faith in the judicial system and thus it ensures that any and every possible
degree of fairness is observed within the confines of the same. Judge M. King’s adherence to
the rights of all the parties present before him ensures a favorable decision for the side of
the dispute that adequately establishes its legal prowess. In addition to ensuring that the
rights of each party are observed Judge M. King also had a policy of strict adherence to the
principles of natural justice. These factors coupled with Judge M. King’s succinct decision-
making and patient hearing assures all litigants that in his courtroom equality before the law
is the guiding light behind all judgments ruled by the court.