A Study of Court Procedures in Australia During Criminal Trials
Added on 2021-06-16
11 Pages2260 Words130 Views
Running head: CRIMINOLOGY & CRIMINAL JUSTICECRIMINOLOGY & CRIMINAL JUSTICEName of the StudentName of the UniversityAuthor Note
1CRIMINOLOGY & CRIMINAL JUSTICEExecutive SummaryThe intention of the assignment is to analyze court procedures in Australia during criminal trials.The assignment intends to highlight the various theories of justice that are applied when decidinga particular dispute. Therefore the report is commissioned to examine the determinations madeby the court when delivering a particular judgment with special attention to the rule of law aslaid down by Dicey. The conclusion of this report is that the rule of law as defined by Dicey isstill in place.
2CRIMINOLOGY & CRIMINAL JUSTICETable of ContentsIntroduction......................................................................................................................................3Parramatta Local Court....................................................................................................................3Conclusion.......................................................................................................................................6Reference List..................................................................................................................................7Restorative justice and deterring crime.......................................................................................7Are restorative justice conferences more fair than criminal courts? Comparing levels ofobserved procedural justice in the reintegrative shaming experiments (RISE)...........................7Shattering the myth of legality: The impact of the media's framing of Supreme Courtprocedures on perceptions of fairness..........................................................................................8Young driver perceptions of police traffic enforcement and self-reported driving offences......8Zero tolerance'drug driving laws in Australia: A gap between rationale and form?...................9Bibliography..................................................................................................................................10
3CRIMINOLOGY & CRIMINAL JUSTICEIntroductionThe judicial wing of the government is tasked with interpreting the laws enacted by thelegislature. The Commonwealth of Australia Constitution Act (cth) provides for such aseparation of powers and in doing so creates a system where the powers of the legislative wingof the government are under judicial review and scrutiny. This ensures that arbitrary anddiscretionary laws are not enacted within the jurisdiction of the Australian commonwealth. Thusjudges are appointed by due process of law to preside over disputes. Legal disputes can bebroadly classified into categories- Civil and Criminal. In a civil dispute the issue is between twoparties and the judge must determine the rights of both parties. In criminal trails the case isbetween an accused person and the state and the judge must decide the innocence or guilt of theaccused.Parramatta Local CourtI arrived at the Parramatta Local Court in Sydney, NSW at 10 a.m. when the court beganits proceedings. The ambiance of the Courtroom was an ardent reminder regal stature of the legalprofession. The halls echoed with the voice of justice and demonstrated the practicality of theconcept of equality before law. It truly emanated an aura that gave the impression that if a personhad a legally valid right these halls would deliver a remedy for the same. The court proceeding Idecided to document was taken up at 10:50 a.m. The court clerk called for the matter and thesame was taken up accordingly by the court. The magistrate presiding over this case wasMagistrate Shields. The matter in question was a case of traffic violations by Ms. Mary Saliba.The case of Ms. Saliba was that she was driving with a suspended license. Her license was
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