Crime control or due process model of justice – or a combination of the two

Question 2: In 600 words you are to answer the following question, with reference to RELEVANT ACADEMIC SOURCES and from your own observations:

Would you say that the court you observed reflected a crime control or due process model of justice – or a combination of the two

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  •  include your reasons as to WHY you believe it is one or the other or both
  •  from your OWN OBSERVATIONS, provide examples to justify and support your

reasoning (Chapter 17 of the textbook will be helpful here).

Question 3: In 600 words you are to answer the following question, with reference to RELEVANT ACADEMIC SOURCES and from your own observations:

Would you say that the court you observed reflected elements of therapeutic jurisprudence (or restorative justice) (Choose ONE of either therapeutic jurisprudence or restorative justice. You do NOT need to discuss both.)

  •  include your reasons as to WHY you believe it did or did not reflect elements of therapeutic jurisprudence/restorative justice
  •  from your OWN OBSERVATIONS, provide examples to justify and support your reasoning (Chapter 20 of the textbook will be helpful here).

Formatting:

  • You do NOT need to include a title page, graphics etc but it OK to if you like.
  • Please include page numbers to help us give targeted feedback.

Word count:

  • The total word count for this assessment is 1,500. This is an approximate value. You can submit work that is about 10% on either side of this – ie between 1,350 and 1,650 words.
  • Your References List does NOT count towards the total word count, but quotes and in-text references do.

Sources and referencing:

  • The referencing style for Justice Units is Harvard:
  • Do NOT reference lectures. You can follow up references used in the lectures and articles you have read and reference those yourself.
  • Students MUST reference at least one chapter of the textbook, AND at least four other sources (ie students must have a minimum of 5 relevant academic references in total). It would not be possible to adequately answer the questions with fewer references than this.
  • There is no magic number of required references beyond this. The type of references used and the way in which they are used are as important as the number used.
  • Use primarily ACADEMIC sources (eg the textbook, additional readings, other journal articles and books you have searched for using library databases) rather than media or internet sources. Do not use Wikipedia, howto.com etc.
  • The most important thing with referencing is to make sure that:
    • –  you have included all the sources you have cited in your References List
    • –  everything in your References List has been cited in your essay
    • –  your References List is in alphabetical order

– if the marker wanted to follow up an interesting source, they would have enough information to do so

Writing and style:

  • It is acceptable to use EITHER first or third person (ie either ‘I observed that the Judge was wearing the formal wig and gown’ OR ‘The author observed that the Judge was wearing…’, or even simply ‘It was observed that the Judge was wearing…’). Be consistent throughout your essay – do not change from first to third person half way through.
  • Don’t worry about sounding ‘academic’. Just say what you mean as clearly as you can.
  • Acronyms are fine. For example, you might abbreviate ‘criminal justice system’ to ‘CJS’. Just make sure you spell it out in full the first time. For example, you would say: ‘the criminal justice system (CJS) is commonly thought to reflect either a crime control or due process model.’
  • What to look for when you are observing court:

This assessment requires you to observe a criminal court or courts for at least three hours. Depending on a whole range of things, including which day you attend and which court you attend, this may mean you see one trial or dozens! Either way is completely fine. Remember, your assessment might look different from other students’ assessments if they observe different court hearings.

‘The first trial I saw was a committal hearing. The defendant was not asked to say anything and did not appear to be represented by a lawyer. The trial was over in approximately two minutes. The next trial I saw was a sentencing hearing. It was very quick and did not last long. The defendant did not speak very much and was not represented.’

TRY GROUPING YOUR OBSERVATIONS TOGETHER LIKE THIS:

For Question 2, you need to outline the crime control and due process models of the criminal justice system and link your observations to the literature on these elements. Helpful readings (available in the textbook or Courtroom Information and Etiquette

Information on Queensland criminal courts can be found at http://www.courts.qld.gov.au/

Information on Brisbane criminal courts, including the best days to attend to see criminal matters, can be found at: http://www.courts.qld.gov.au/information-for-lawyers/court- calendars.

Most importantly take it all in! Look around at the ‘structure’ of the place – is it a welcoming place Consider the formalities of the process, how would you feel as an accused person having to attend Try to remember all of the issues we discuss in class and remember that the accused people are part of our community – they are sons, daughters, workmates, classmates, parents, neighbours etc. Please don’t get caught up in the ‘us and them’ mentality. Show respect not only for the court, but all of the people attending the court, irrespective of their role there.

Readings) are:

  • Daly, Kathleen. 2012. “Aims of the criminal justice system.” In Crime and justice: A guide to criminology, Fourth edition, edited by Marmo, Marinella, Willem De Lint and Darren Palmer, 389-406. Sydney: Thomson Reuter. (Chapter 17 of text book)
  • Fitzgerald, Robert & Ellsworth, Phoebe. 1984. “Due process vs. crime control: Death qualification and jury attitudes.” Law and Human Behavior, 8(1/2): 31-51
  • Henham, Ralph. 1998. Human rights, due process and sentencing. British Journal of Criminology, 38(4): 592-610.
  • Jones, Richard. 2010. “Populist leniency, crime control and due process.” Theoretical Criminology, 14(3): 331-347.
  • White, Rob &Perrone, Santina. 2005. Crime and social control, Second edition, Melbourne: Oxford University Press. [Chapter 4: Due process and access to justice.]

For Question 3, you need to outline the key elements of therapeutic jurisprudence OR restorative justice, and link your observations to the literature on these elements. Helpful readings include:

  •  Alder, Christine. 2000. “Young Women Offenders and the Challenge for Restorative Justice”. In Restorative Justice: Philosophy to Practice, edited by Strang, Heather and John Braithwaite, 105-119. Aldershot, England: Ashgate Publishing.
  •  Bartels, Lorana and Kelly Richards. 2013. “Talking the talk: Therapeutic jurisprudence and oral competence”. Alternative Law Journal 38 (1): 31-33
  •  Daly, Kathleen and Marchetti, Elena. 2012. “Innovative justice processes.” In Crime and justice: A guide to criminology, Fourth edition, edited by Marmo, Marinella, Willem De Lint and Darren Palmer, 455-506. Sydney: Thomson Reuter. (Chapter 20 of text book)
  •  King, Michael. 2008. “Restorative justice, therapeutic jurisprudence and the rise of emotionally intelligent justice” Melbourne University Law Review 32 (3): 1096-1126.

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