- The class started with the students contributing rules for the Constitution, which they decided to name The Classroom Declaration of Human Rights. It included crucial rules for our classroom, including 'No Murder.' Each student wrote a rule, then signed it, and we hung it up in the classroom every week. We enjoyed being the framers of our own constitution. (The students would frequently refer to the CDHR in the weeks coming, including making an amendment to it a few weeks in!)
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| The Classroom Declaration of Human Rights |
- The main body of this class focused on the Courts and the various people involved in the law. The children talked about relatives they had who had different jobs in the legal profession (several of the children had parents who were solicitors or barristers.) We then went through each person involved.
A. The judge is in charge of court proceedings and decides any legal issues arising in the case. If the case does not involve a jury, the judge also decides questions of fact, such as the guilt or innocence of the accused, or which party wins in a civil action. According to the Constitution, Article 35.1, judges are appointed by the President (do you think this means the President can just pick her friends to be judges? Who would make a good judge?) however under Article 13.9 of the Constitution, the President must pick judges on the advice of the Government. Judges are chosen from barristers or solicitors who have been practising law for at least ten years.
B. The registrar sits in front of the judge and records any orders made by them. The registrar also swears in the jury and administers the oath to witnesses.
C. The stenographer is responsible for accurately recording everything that is said in court during the case, including any evidence given by the witnesses. This record is known as a transcript.
D. The witness sits to one side of the judge and gives testimony in open court.
E. The jury sits together on one side of the courtroom where jurors have a clear view of the judge and any witnesses. A jury is present in serious trials. Before 1976 only people who owned property could sit on juries but this was held to be unconstitutional (not in line with the provisions of the Constitution) and now anyone who can vote can serve on a jury. Ireland have allowed women to vote since 1922.
Certain people are not allowed to serve on juries: the President, judges or former judges, lawyers, police officers, people who cannot read, people who suffer from mental illness, people who work in forensic science laboratories (why do you think this is?)
Other people may be excused from jury duty if they meet certain criteria: members of the government, practising doctors, nurses, vets, midwives or pharmacists. (why do you think this is?) It is generally because they do a job that nobody else can do.
F. The tipstaff is a special assistant to the judge. One of their duties is to announce the arrival and departure of the judge from the courtroom.
G. At the starting point of most cases, a person must first consult a solicitor. Can you think of any reason why you would go to visit a solicitor if you haven't committed a crime, or been the victim of a crime? --> making a will.
Many solicitors do not become engaged in advocacy; that is, they do not present a case before a judge. In general, they instruct a barrister to appear in court. They prepare all the papers for a case and handle all the correspondence between their client and the other person in the case. They also obtain reports from expert witnesses, like doctors and engineers. The solicitor also talks with the barrister in relation to what is required at court.
H. For the most part, you cannot just walk into an office and hire a barrister. Barristers will give legal advice after they have been hired by a solicitor. They are usually referred to as Counsel (have you ever heard somebody say 'Counsel for the Defence?') The barrister's role is to argue the client's case, by asking questions of witnesses and examining their evidence.
B. The registrar sits in front of the judge and records any orders made by them. The registrar also swears in the jury and administers the oath to witnesses.
C. The stenographer is responsible for accurately recording everything that is said in court during the case, including any evidence given by the witnesses. This record is known as a transcript.
D. The witness sits to one side of the judge and gives testimony in open court.
E. The jury sits together on one side of the courtroom where jurors have a clear view of the judge and any witnesses. A jury is present in serious trials. Before 1976 only people who owned property could sit on juries but this was held to be unconstitutional (not in line with the provisions of the Constitution) and now anyone who can vote can serve on a jury. Ireland have allowed women to vote since 1922.
Certain people are not allowed to serve on juries: the President, judges or former judges, lawyers, police officers, people who cannot read, people who suffer from mental illness, people who work in forensic science laboratories (why do you think this is?)
Other people may be excused from jury duty if they meet certain criteria: members of the government, practising doctors, nurses, vets, midwives or pharmacists. (why do you think this is?) It is generally because they do a job that nobody else can do.
F. The tipstaff is a special assistant to the judge. One of their duties is to announce the arrival and departure of the judge from the courtroom.
G. At the starting point of most cases, a person must first consult a solicitor. Can you think of any reason why you would go to visit a solicitor if you haven't committed a crime, or been the victim of a crime? --> making a will.
Many solicitors do not become engaged in advocacy; that is, they do not present a case before a judge. In general, they instruct a barrister to appear in court. They prepare all the papers for a case and handle all the correspondence between their client and the other person in the case. They also obtain reports from expert witnesses, like doctors and engineers. The solicitor also talks with the barrister in relation to what is required at court.
H. For the most part, you cannot just walk into an office and hire a barrister. Barristers will give legal advice after they have been hired by a solicitor. They are usually referred to as Counsel (have you ever heard somebody say 'Counsel for the Defence?') The barrister's role is to argue the client's case, by asking questions of witnesses and examining their evidence.
I. The Gardaí. Investigations into crime, both minor and serious, are carried out by the Gardaí. In major cases, the offences are investigated by the Gardaí and their files on the case are then sent on to the Director of Public Prosecutions (DPP) who determines whether or not there should be a court case.
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| I printed off this document for the class, available from www.courts.ie |
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