The Mock Trial

Improved Essays
Reflection
The mock trial involved two opposing teams displaying evidence that is included in the information given, eg. police report, police interview and witness recounts. The verdict was decided by a jury and an impartial judge was used to keep order in the court. With this information the members of the two teams allocated certain roles to members of the group. These roles included barristers and witnesses.

In the mock trial that I was involved in the role allocated to me was the witness name Joel Smith. Joel Smith is the accused person in the trial, and as Joel Smith the job I had to prepare a number of questions for the barrister to ask, as seen in attached document. The purpose of these questions were to proclaim the innocence of
…show more content…
One of the main advantages of the adversary system is the inclusion of an impartial judge which helps to achieve justice for the accused, whether that be guilty or innocent. Another positive of the adversary system is the jury being included. The jury provides a broad cross section of the community all having different values. This range of people can be more beneficial in reaching a just verdict than a judge as the judge, although they are not meant to, can have preconceived notions. This fair verdict was evident when the jury achieved a fair verdict in the mock trial that was conducted in class. Another positive of the adversary system is that it includes procedures that benefit the wrongly …show more content…
This protection may work for the wrongly accused and innocent people who are caught up in trials but it also works against the justice system with guilty people achieving an innocent verdict. Another negative for the adversarial system is the extremely high costs of some of the trials that are conducted, this can be hard to pay off for some of the participants in the trial. This was not evident in the mock trial conducted in class, although is a large disadvantage in real life trials. One of the main rules and rights in the adversarial system is the ability to have legal representation in a trial. Although this right is largely irrelevant if the defendant cannot afford the large legal fees that come with being represented. The cost side of the negatives was not seen in the mock trial although during the visit to the magistrates court it was evident. Almost all of the people in the magistrate court represented themselves and some was due to the

Related Documents

  • Improved Essays

    In the judgement of Mason CJ and McHugh J, it was said that a “ trial judge who is faced with an application for an adjournment or a stay by an indigent accused charged with a serious offence [...] the trial in such a case should be adjourned, postponed or stayed until legal representation is available. The judgement also stated that “an accused has the right to a fair trial and that, depending on all the circumstances of the particular case, lack of representation may mean that an accused is unable to receive, or did not receive, a fair trial. “ Moreover, the judgement of Deane and Gaudron suggested that the right to receive counsel was found in the Constitution, specifically Chapter Three which requires that ‘judicial process and fairness be observed.’ However, both Justice Brennan and Justice Dawson dissented, stating that it would unjust for judges to adjourn or stay trial due to the pressures it would place on legal aid agencies. For Dietrich, the outcome of the High Court case meant that without the legal representation he had required for the trial and due to the trial judge’s failure to grant an adjournment, a miscarriage of justice had occurred.…

    • 1661 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    R V Heale Case Study

    • 1163 Words
    • 5 Pages

    Inadmissible evidence cannot be allowed for the fairness of the trial. If the evidence is incorrect, it could lead to an appeal, which will affect society rights of safety. The way the offender was treated can cause community concern and media outrage. This is significant to society as human rights haven't been met, but also the victim's rights to not have media coverage. In R v Siale, Siale was denied bail, this is because leaves the victims and society at…

    • 1163 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    The courts biggest issues were trying to decide whether a trial court’s erroneous deprivation of a criminal defendant’s choice of counsel entitles him to a reversal of his conviction and should proving the sixth Amendment right to proceed with the counsel of choice depend on whether the deprivation of that right also resulted in compromising a defendants’ right to a fair trial. The majority opinion did not apply the Strickland test because they felt that the defendant could not show or give any reason as to why he felt the counsel was ineffective and that the counsels performance was poorly presented and deficient and the defendant was prejudiced by it. What the Strickland test is actually intended for is that the government must contend that the defendant must at least demonstrate that his counsel of choice would have pursued a different strategy and would have created a :reasonable probability”. In court cases the course can be split into two structures; trial errors and structural errors. Most constitutional errors are trial errors that occur “during the presentation to the jury,” and courts have discretion in deciding whether these trial errors are harmless and warrant a new trial.…

    • 556 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    Under the Crime Control Model, as Packer described it, defense counsel was considered a luxury, or worse, an impediment to efficient processing of the guilty. By contrast, under the Due Process Model, as we have seen, defense counsel was the key to asserting and protecting the defendant‘s rights” (Keith p.43). The techniques of extending…

    • 1518 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Democratic societies like Canada and the United States follow the unwritten and underlying principle of “rule of law”. The rule of law ensure that a certain level of procedural justice are achieved in trials, as they provide the court with a basic grid of evaluation. However, such procedural processes were not respected in the Bryant-Milam trial, as the the two social categories of race and social class tarnished the processes of the trial, fostering impartial judicial proceedings and ultimately disallowing justice. The trials ability in achieving justice was deterred as occupational status and race contaminated and fostered impartiality amongst the jury, the witnesses and the provided evidence; three of the fundamental components of a judicial proceedings.…

    • 777 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The main concept of a voir dire is to determine whether a jury can be “fair, impartial arbiters of fact”. Potential jurors usually are selected from voter registration records for what is commonly referred to as jury duty. In the U.S., they must be from the same jurisdiction as the defendant. After a pool of potential jurors is selected, attorneys for both sides either suggest questions for the judge to ask, or they ask questions themselves of the jurors. The attorneys for both sides have a limited amount of “peremptory challenges,” with which they can bypass the judge and dismiss possible jurors for any reason.…

    • 1178 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The failure of overworked lawyers to investigate, call witnesses or prepare for trial has led to the conviction of innocent people. When a defense lawyer doesn't do his or her job, the defendant suffers. Shrinking funding and access to resources for public defenders and court-appointed attorneys is only making the problem…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The key topic that is under debate throughout this paper is jury nullification and how its procedures work within the justice system, as well as some of its strengths and weaknesses. There is quite a bit of controversy surrounding jury nullification being used as a primary rectification in the justice system as it tends to make equal outcomes become unequal outcomes. Jury nullification is a process in which a jury reaches a verdict of not guilty despite the fact that the defendant is actually guilty of the actions he or she is being charged for. The jury nullifies a law that is believed to be immorally wrong or wrongfully applied to the defendant.…

    • 2583 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    The cons of this model are that it could take a very long time to be proven guilty. It costs a lot of money for the defendants and the court. “Even though some guilty defendants may go free because the evidence against them is not conclusive…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    However, the jury is not a democracy. The jury reaches a verdict based only on evidence provided to them during the trial. Additionally, the trial aggravated a vast misunderstanding of the defense counsel’s role, a problem present before the case.…

    • 1614 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    In a criminal trial, a jury is a group usually comprised of twelve randomly chosen adults, whose role is to hear evidence, apply the law as directed by the judge, and then collectively decide if the defendant is guilty or not guilty of the crime they have been accused of, based only on the facts given. Juries have played a significant role in Australia’s justice system for quite some time, though in more recent years the role of juries has been reduced. In 2011, the NSW government changed the law so that accused persons could apply for judge alone trials and, with consent from the Director of Public, avoid juries entirely (Whitbourn 2013). Currently there is much debate as to whether or not the jury system should be scrapped entirely for criminal trials in NSW.…

    • 1003 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Balancing the tension between community interest and individual rights and freedoms are a significant component of the criminal trial process and is relatively successful in that retrospect. In order to be effective and efficient the criminal trial process should reflect the moral and ethical standards of society, ensure the community is sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    | | | |No enquiry allowed into jury deliberations after verdict, even if juror | |Section 51 Criminal Justice & Public Order Act 1994 creates offence |alleges racial or any other type of bias or wrongdoing by the jury. | |to intimidate or threaten to harm a juror. | | |Prosecution and defence "challenges" correct the problems caused by |Jury vetting is against the principle of random selection. | |random selection.…

    • 2129 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Jury System Dbq Analysis

    • 478 Words
    • 2 Pages

    Over the years, jury systems have precedent the way we reach a verdict based on the trial. Moreover, it has been proven that jury systems have shaped Americans to be self-governors (Document B). Evidence shows that in a twelve month period bench trials have only 65 percent of criminals that have been convicted and 87 percent of criminals have been convicted in jury trials (Document A). This proves that jury systems are able to prosecute more and deliver more justice than bench trials. To begin, I support jury systems based on open minded peers reaching a verdict, prevention of corruption, and civic participation/knowledge for citizens.…

    • 478 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Juror 3 Analysis

    • 936 Words
    • 4 Pages

    Developed trustworthiness between jurors is an ice-breaker encourage to discuss the case fairly and without prejudging the…

    • 936 Words
    • 4 Pages
    Improved Essays