Criminal courts research paper
For the criminal courts research paper, students will attend a variety of courts and write a 1000 word research paper investigating and discussing an issue identified during observation of court proceedings. Students are responsible for selecting the issue but it must involve a comparison between the Local Court and one of the higher courts.
This assignment is designed to introduce students to the practical realities of criminal law and justice, to provide a real context for reading and classroom discussion, and to develop research skills through researching an issue identified during the process of observation.
This assignment should encourage you to consider critically how the physical location and layout of the courtroom, as well as its routines, rituals, practices and forms of organisation impact on the criminal process. Please make sure criminal rather than civil matters are observed.
You should present your observations of the different levels of the criminal courts in operation, and the phenomenon of the criminal trial and the administration of criminal justice in the courts, in the light of insights gleaned from the literature and your own critical reflection.
You should identify what strikes you as most significant, interesting, or unexpected about the courts that you visited.
You should then research the literature in order to situate your own observations and views against the backdrop of the key research discussed in the course and extracted in the textbook (e.g. McBarnet p. 154; Carlen p. 162; Packer p. 229; Mack & Roach Anleu p. 157; and The Magistrates Research Project, based at Flinders University, South Australia: see <http://www.flinders.edu.au/law/judicialresearch>).
Your Paper should combine material from your observations and from the research literature. You do not have to agree with the analyses and conclusions reached in the published research; do not be afraid to challenge research findings or themes if you think they are inappropriate or inapplicable. But try to use the research as a guide or frame through which to make sense of or order your own observations. The papers which score highest will be those with the most original, thoughtful and critical discussion and analysis, conducted in a way that blends observation with research.
In this criminal courts paper, you have to write about the role of particular participants – judges in local courts and supreme courts in Australia
it favours process issues. The exercise is predominantly a process exercise, conducted against the backdrop of the materials in Chapter three of the text, The Criminal Process. But that does not mean that you should not discuss substantive issues. But if you do, it is important to locate them within a process context. The Paper should not become an essay on the elements of homicide law, or a discussion of the admissibility of particular types of evidence, or on how “possession” is interpreted in drug offences. On the other hand, if, for example, you become interested in bail issues after observing cases where bail is denied because accused have prior convictions, then obviously you will want to refer to recent legislative changes to the Bail Act 1978 (NSW); you may want to research the justifications offered for the changes and then look to what subsequent monitoring of the changes reveals. But this should be conducted in terms of your own observations and within the context of some theme or organising principle of a process nature.
You must avoid simple description of the cases you observed, or of the layout of the court, and also avoid launching into a detailed exposition of some area of substantive law. This is not to say that some elements of description might not be appropriate, but that such description should be linked to some more general or specific focus, theme or argument. Try to make an argument, state a position, take a stand.
There is no blueprint or "correct" approach, although your Paper must draw a comparison between the Local Court and one of the higher courts. The main aim of the exercise is to introduce you to the realities of the criminal court process, and, it is hoped, to stimulate, interest, provoke, and challenge you. In writing up your court experience and observation, try to convey the flavour of what the experience meant for you. In addition your Paper will be enhanced by:
� the ability to reflect critically and originally on what you have observed and the research literature. Do not simply rely upon the extracts in the textbook.
� the ability to organise your paper in a coherent way around some particular theme or themes or around some specific issue which aroused your interest.
� the ability to express yourself with clarity and elegance. � good presentation: tidy, typed papers are required. � an accurate bibliography.
This will then give you greater room for a more analytic approach. This is not to say that some elements of description might not be appropriate, but that such description should be linked to some more general or specific focus, theme or argument.
The assignment should be written in proper prose form and be fully referenced. Sub-headings should be used but do not use bullet points.
A Bibliography should include only those references which you actually consulted and relied on in writing your Paper. Note that this exercise is not intended to be a comprehensive literature review. The key is to carefully relate the research material selected to your court observations.
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