NCJ Number
195341
Journal
Judicial Review Volume: 5 Issue: 1 Dated: 2001 Pages: 21-30
Date Published
2001
Length
10 pages
Annotation
This article discusses judicial education programs in New South Wales.
Abstract
There is a popular belief that today’s judiciary is non-representative in educational background, gender, ethnicity, and community representation. The opinion is that in the administration of civil justice, consideration should be given to the appointment of candidates beyond those who are legally qualified. In Australia the system of justice is based on the common law. The trial judge is the cornerstone of that system. Trial judges are obliged to conduct trials in accordance with rules of practice, procedure and evidence, and are generally subject to review. Judges are also obliged to give reasons for their decisions. The system of administration of justice has adapted and will continue to adapt to changes in community views. It should not be assumed that a grasp of principles of procedure, practice and evidence comes with judicial appointment or a short course of judicial training. Judicial training does have an increasingly important role in the legal system. The problems confronting judges in criminal trials include the confusion of “propensity evidence,” procedural matters, unreliable witnesses, overdoing directions to juries, and sentencing discretion. Judgments should be written and published as soon as possible after the litigation has been heard. The longer a judgment is delayed, the harder it is to write as evidence or argument slips from memory. Judges confronted with complex cases need sufficient time for judgment writing. Few people outside the law can understand how hard judges work and how much time is devoted to that work outside court hours. 8 footnotes