Courtroom Observation Report
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.
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: Judge Name: Court Location:
Date(s) of observation:
Type(s) of proceedings observed:
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?
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?
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;
- 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?
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?
Objectives
The Court Observation Report aims to help students to understand the court process and how the Judge conduct a particular proceeding in Court.
Task
Students must attend a court session and on the basis of what they observe, answer four questions provided in the Court Observation Report doc available on moodle. Students should not just describe what happened in Court, rather should be able to comment and reflect on the role played by the Judge in a particular proceeding in Court.
Students may choose to visit the Downing Centre Local Court Complex, Liverpool St Sydney. The Downing Centre Local Courts are on Levels 4 and 5 of the Downing Centre. Enter via security on Level 1 and use lifts. There are stairs between Levels 4 and 5.
Another good Court complex to visit is the Parramatta Court Centre as this has Local, District and Supreme Courts and also the Family Court and Federal Courts nearby.