First assignement - reflection one PDF

Preview

Summary

reflection one ...

Description

"To what extent did the summary proceedings in Campbelltown Local Court in So Help Me God correspond with what you have observed in the NSW Local Court in 2019?" (Only answer this after the week 3 class)

The summary proceedings in So Help Me God coincide greatly with what I saw during my visit to Downing centre local court. Although the cases I saw differed with what was documented in Campbelltown Local Court, the court and pre-court proceedings were similar. Firstly, what I noticed in both the documentary and during my experience was the large amount of people waiting for legal aid prior to coming before the magistrate. Majority of these defendants were also Indigenous Australian and seemingly from a lower socio-economic class. Furthermore, the notion of innocence until proven guilty was similarly thrown out the window. It was clear during my observations that to this day NSW local courts veer away from due process, potentially due to their lower place in the ‘court hierarchy’. For example, it would be more detrimental to the defendant both financially and socially to appear in the district court opposed to the Local court. This observation was furthered by the nonchalant approach of the court staff, legal aid and even the magistrate. Even the rest of the public appeared more comfortable sitting in Table one cases rather than the ‘more serious’ cases heard in the district and supreme court rooms. Moreover, this corresponds greatly with McBarnets theory of triviality between the local and district courts. For example, in So Help Me God, the final defendant hypothesised that he “should be severely punished but hopefully” given “a fair go”. It must be noted that the maximum penalty for his charges were imprisonment, yet he was hoping to not go to prison for his offences. This example exemplifies the popular view that there is more leniency in local court, and it is not, or should be not as serious. However, it should be noted that there is still a strong sense of police and police power across all courts in NSW. Predominantly via the DPP. Thus, the idea of equality and abiding by the law at all levels in the justice system is rhetoric in both 1993 and to this day. Therefore, the summary proceedings in So Help Me God are greatly similar my own observations....