Law400195: Human Rights - The Achievement of Justice in the Local Court - Law Assignment Help

Assignment Task:

Discuss: “The achievement of justice in the Local Court is affected by factors including the high volume of cases and the pressure to plead guilty. The focus on efficiency means that justice is often compromised”
 1. What are the reasons for this? 
2. Discuss the effect on one vulnerable group i.e. one group in the community who already suffer disadvantage. Why do these factors affect this group in particular?

The purpose of the court report is to provide justice in [NSW], Australia. Justice is the process of seeking equality with fairness, right to self-defense for any criminal charged or, and provide the basic need for vulnerable people like food, shelter, accessing into a health sector, accessing transports, housing, reunification visa to families and relatives, right to education, vote, right to veto the ruling, work, a private corridor for people with special needs and people with disabilities inside the courtroom. right to ask for an interpreter for people whom English is the second language and treat everyone with dignity without discrimination and racism. 
There are disadvantaged people in the NSW courtroom. People like Refugees and Asylum seekers have been suffering from many complex cases in NSW courts as they new to Australia and they do not know the law. Judges in the courtroom provide two or three minutes to discuss the case as there are few of them in the courtroom who full of defendants and many of them have complex charges which take hours or continue proceeding in the following months or years.

This Lower Criminal Court Justice is a place where Judge craft and Legitimacy are focusing on studying and observing general criminally lists from different courts in Australia. These cases could be civil or criminal. In the Lower Criminal Court Justice, there are only 12 Magistrates to check and study the cases. (Court Justice Sydney- Episode 1). Many of these cases are very serious cases for different vulnerable groups between August 2004 to July 2005. 
Many of these cases are set for the same time, people might not know about it until the case is called. The Jude Crafts and Judge's role here is to check more than 120 cases at the same time. The individuals need to wait for their cases to call. They are not knowing who is going to appear. All these cases are done with speed and efficiency, so they can go through all the lists for the day and enable all cases to extradite some judicial attention. 
Individuals choose this court to convent the jury or judges for being not guilty. As judges have many cases and complex cases every day. Each judge might have more than 100 complex cases for criminal effunded from the defenders or individuals. Each case has witnesses and evidence of what happened. If the defendant had good behaviour and never committed any criminal or offended anyone in the community before the judge will consider that in the case. However, if the defender had many criminal cases, and offended before this case then the judge might assess the case and find if the defendant should go to jail or get a fine, do unpaid community services or rehabilitation, according to the crime the individual had done.
The Magistrate is responsible for making decisions on how the case should be procced and how the case will be handled. Just like the example of Ms. IIughes when the Duty solicitor explains about the police officer who was the witness of Ms. IIughe's crime was in the courtroom and then left earlier as he understood that the case is deferred into the next week. And the Judge continues the (Kathy Mack and Sharyn Roach Anleu. PP 343-356)
  
Through reading the impact of defense arguments based on the cultural difference of the accused in the criminal law of immigrant countries and societies by Gabriel Hallevy. I have noticed the difficulty of being the judge for people who came from different cultures and laws to their immigrant countries who have other criminal laws. For example, in the Australian case of Masciantonio, the appellant, an immigrant of Italian origin-murdered his son-in-law, who had a history of domestic violence against his wife, the appellant's daughter. The appellant claimed that he was provoked by the violence of his son-in-law. The High Court of Australia held in a 4-1 opinion, that ethnicity is not to be taken into consideration when determining the level of the self-control of the “ordinary man” and followed its former ruling. Similar approaches have been taken into court in immigrant receiver countries with regards to parents forbidding modern health care linking to their children as a reason for religious beliefs that prevent modern medical treatment to the use of traditional methods and hex doctors for cooperating with their children’s health problems to the use of violence in their children’s education and violence in the family. (Gabriel Hallevy. PP 13-25).

There is many staging of magistrates’ justice which influences the procedures with the surrealism that atrophies the defendant’s ability to participate in them and they are:
The magistrates’ court as a theatre of the absurd: The criminal business becomes the responsibility of the police. That will return absurd judiciary eloquence for an adversary justice, where the story can go for both prosecution and defense stands as equals before the law.
Staging the absurd: In the magistrates’ court, the theatre of absurd plain and traditional ways of organising and communicating the operative meaning of social occasions are with one another exploited and denied.
Space: it is important to make a suitable arrangement for deciding at least which conversation needs to be heard and by whom. The defenders who waiting for a long time like three hours or more will not distinguish between magistrate and clerk. They do not know how to operate between the function of duck and witnesses’ box as they were waiting in the squalid environs of the courtroom for a long time. A senior probation officer in Metropolitan magistrates ‘court said “Many of them do not even go into the witness-box because they cannot face walking around there. They are too nervous”.
Time: In magistrates’ court, the timing of the events is monopolized by the police. They are responsible for the proceedings and see the defenders arrived in the court. It is the police's responsibility to draw up the charge sheets, making sure the clerk has all the documents. It is challenging for the defendants as they are waiting in one courtroom while their friends are waiting in another courtroom. As they are waiting they are getting more nervous, harbouring, fears as they might send into the prison for what they had done, and for the majority of courts, they cannot get either refreshments or the privacy to talk to the probation officer.
Presentations: Defendants in the courtroom usually get calls from the policeman. The police will tell him/her when to stand up, sit down, talk, or keep quiet. The policeman also asked the defendant to take the hands off the pockets, chewing gum out of the mouth, hat off the head, and smile off the face. Because of that, the magistrate might be afraid that the defendant might slow down the proceeding by being awkward and diminished.
Discussion: most defendants do not find distributing that the court has its own routine. What is frustrating for them is every time when they are both subject to and object of the court rules, a fog of mystification permeates the court. (Grigg, 1965). (Pat Carlen, pp 49-54).

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