Your
Focus and Argument
This assessment is predominantly a process exercise,
conducted against the backdrop of the materials in chapter 4 ‘The Criminal
Process’. That does not mean that you should not discuss substantive issues
(i.e. what the case is about and questions of law involved), but if you do, it
is important to locate them within a process context. The paper should not
become an essay on the principles of sentencing law, or a discussion of the
admissibility of particular types of evidence. The objective is to avoid simple
description of the cases you observed and to avoid launching into a detailed
exposition of some area of substantive law. There are many ways to approach and
organise your observations, but your paper must ultimately answer the set
question and engage critically with the substance of that question.
Research
The Criminal Court Research Paper MUST combine:
a.
original empirical observation (i.e., your
personal court observation); and
b.
database/library research of secondary sources
(journal articles, books, reports etc.) relevant to NSW Local Courts; and
relevant extracts in chapter 4 of the textbook.
This paper is not intended to be a comprehensive review of
all the available research relevant to the research question. The word limit is
very short by legal research standards. However, you are expected to find
relevant research that goes beyond what is in the textbook.
Analysis
Aim to construct a smooth transition between your
observations and the research literature. You do not have to agree with the
analyses and conclusions reached in the published research; do not be afraid to
challenge research findings or themes if you think they are inappropriate or
inapplicable. But try to use the research as a guide or frame through which to
make sense of your own observations. The papers which score highest will be
those that answer the research question with the most thoughtful and critical
discussion and analysis, conducted in a way that blends observation with
research.
Written
Style
When you are analysing the relevant research literature you
should write in a standard legal academic style similar to the way the textbook
and law journal articles are written. Linking your personal observation to the
formal analysis can be challenging, but writing in the first person may help
overcome difficulties. It is acceptable to write your piece in first person.
Referencing
You are required to provide full citations throughout your
paper. As above, references to research literature must conform to the AGLC
4th edition.
Your observations should also be referenced in footnotes.
Proceedings should be referenced by matter name (if available), court and date:
e.g. R v Smith, NSW Local Court, Parramatta, 24/2/2020. Other observations
(e.g. general observations of court processes) should be referenced by location
and date: e.g. Personal Observation, Parramatta Local Court, 24/2/2020.