I observed three different trials on the 13th of August all in the Brisbane Supreme Court for approximately four hours. This essay explores my observations of that day and discusses how the court reflected either the due process or crime control models of the criminal justice system. An overview of both models will be provided as well how they relate to my observations of the trials. This essay argues that the due process model was prevalent of the cases observed. Task 1
The first hearing I observed was extensive and extremely long as the case went on for most of the day. With most of the time being spent with the defence ensuring the prosecution’s evidence and witnesses were valid. This display reflected the due process model of the criminal …show more content…
I believe this to be as there was a continued effort of ensuring legal guilt with the defence questioning the process and collection of evidence meticulously as well as closely questioning details of witnesses to guarantee they too provided valid information to the case. There was a constant focus on maintaining correct procedure of the trial and formalities were adhered to. A police witness who handled the case was also called upon and his judgement and discretion were questioned as well as whether he collected evidence in a legal manner and followed correct procedure during his investigation. Likewise when a financial investigator with the Australian Securities & Investments Commission (ASIC) was called upon as a witness she was treated in the same manner, constantly questioning the procedures she followed in obtaining and analysing evidence to ensure legal guilt could be found. This included ensuring warrants were obtained and followed correctly as well as questioning and explaining her methods of tracking and the accused’s finances. The defence always prodded for doubt of the state officials that conducted the investigation into the accused and made completely sure that they were being trialled fairly and protected their rights which highly reflected the due process …show more content…
This was shown with how the court proceeded formally and strict to procedures that protect the individual ensuring legal guilt as well how the witness and prosecution were constantly questioned in their methods. In all hearings the defendants were trialled fairly and with the respect of the court with consideration to who they all were as individuals. They were trialled upon their offences as a specific instance rather than the crime as a whole, highlighting the distinction between the use of the due process model contrary to the crime control model. Thus it can be concluded that the court sessions I observed reflected the due process model of
The first hearing I observed was extensive and extremely long as the case went on for most of the day. With most of the time being spent with the defence ensuring the prosecution’s evidence and witnesses were valid. This display reflected the due process model of the criminal …show more content…
I believe this to be as there was a continued effort of ensuring legal guilt with the defence questioning the process and collection of evidence meticulously as well as closely questioning details of witnesses to guarantee they too provided valid information to the case. There was a constant focus on maintaining correct procedure of the trial and formalities were adhered to. A police witness who handled the case was also called upon and his judgement and discretion were questioned as well as whether he collected evidence in a legal manner and followed correct procedure during his investigation. Likewise when a financial investigator with the Australian Securities & Investments Commission (ASIC) was called upon as a witness she was treated in the same manner, constantly questioning the procedures she followed in obtaining and analysing evidence to ensure legal guilt could be found. This included ensuring warrants were obtained and followed correctly as well as questioning and explaining her methods of tracking and the accused’s finances. The defence always prodded for doubt of the state officials that conducted the investigation into the accused and made completely sure that they were being trialled fairly and protected their rights which highly reflected the due process …show more content…
This was shown with how the court proceeded formally and strict to procedures that protect the individual ensuring legal guilt as well how the witness and prosecution were constantly questioned in their methods. In all hearings the defendants were trialled fairly and with the respect of the court with consideration to who they all were as individuals. They were trialled upon their offences as a specific instance rather than the crime as a whole, highlighting the distinction between the use of the due process model contrary to the crime control model. Thus it can be concluded that the court sessions I observed reflected the due process model of