Legal Court Analysis

Introduction

This report will outline the different personal that operate in the court room, the systems that are in place in the justice system and information that was researched on a trip to the court rooms in Brisbane city. It will also explore the old traditions and procedures that have been around for a long time and if they should be kept for the times of today.

Adversary System

The adversary system is the system used in Australian trials. This method involves having two parties that are adversaries in the court room. The purpose of this is to then have a trial where the two parties try to convince either the judge or jury that the accused is guilty/innocent. After the evidence is heard, depending on which court, either the judge or jury will make a decision on guilt or innocence. The judge then takes into consideration all of the evidence from both parties to come up with a reasonable sentence for the accused if found guilty, if the accused is found innocent then there is no sentence.

Legal Personal

Judge: The role if a judge can differ depending on the court that the judge is in. If the judge is in a magistrate court then he will listen to the evidence and decide on guilt or innocence as well as the sentencing. If in a district or higher court then the judge is there to decide on points of law and sentencing, not on guilt and innocence.

Solicitor: A Solicitor is a legal practitioner that gives legal advice and aid to people. A solicitor is the first person that is seen if legal action is desired, whether it then gets to court or not is up to the person but most disputes are settled by the solicitor that represents the accused or plaintiff

Barristers: A barrister is a legal practitioner that argues the cases that make it to court. They can argue in a civil case for either the defendant or plaintiff or they can argue in a criminal case as a prosecutor for the government or as a legal representative of the person that has been accused of the...