Topic > Everyday realities of criminal proceedings in…

Introduction Empirical research consisting of simple observation of the daily realities of criminal proceedings in Downing Center local courts and the completion of systematic fieldwork notes aims to address the complex nature of justice . With specific reference to the functioning of the local justice system and its key actors, the impact of the criminal justice system on those who are socioeconomically disadvantaged and in particular those who have no legal representation, and the question of whether justice is achieved. The discussion on the achievement of justice will be based on the affirmation of post-adversarial justice proposed by Freiberg (2011) and on the concept of judiciary considered by Mack and Anleu (2007). Background Pat Carlen's 1976 sociological study of magistracy courts in England and Scotland revealed, through observational analysis, the specific spatial and temporal conditions that contributed to “a disciplined manifestation of justice” (Carlen 1976, cited in Brown et al. 2006, p.161) in which the lack of legal astuteness and knowledge of the laws and the formality of the courtroom prevents justice. Specific observational research conducted by Mack & Anleu (2007), in the context of the courtroom, aimed to examine the judicial activity exercised by and available to the judicial officer to act actively, in contrast to the traditional notion of passivity granted to judicial officers. bailiffs, manage their case lists...... middle of document ......ries/1996-99/legalaid/report/c07.htm>.Freiberg, A 2011, 'Post-adversarial justice and post-inquisitorial: transcending traditional penological paradigms', European Journal of Criminology, vol. 8, no. 1, page. 82-101.Kellehear, A 1993, The Nonbtrusive Researcher: A Guide to Methods, Allen & Unwin, chapter 7, p.115-138.Kennedy, R (ed) 2008, Allied Health Professionals and the Law, The Federation Press, Sydney, p. 9-22.Mack, K & Anleu, S 2007 'Getting past the list: Judgment and legitimacy in lower courts', Social & Legal Studies, vol. 16, no. 3, p.341-361.New South Wales Bureau of Crime Statistics and Research 2010, New South Wales Local Courts Summary Statistics 2006 to 2010, New South Wales Bureau of Crime Statistics and Research, viewed 7 August 2011, < http:// www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/pages/bocsar_court_stats>.