Wednesday, July 30, 2008

An Austrian courtroom and judge

Yesterday we took a 'field trip' to the Innsbruck Courthouse. Boy do I love school and field trips!

Just like in the U.S. you have to go through security to get inside, but I guess since we're law school students they figured we wouldn't be carrying any weapons, etc. so we just walked right in. I immediately felt comfortable...yeah right.

St. Mary's had arranged for a judge to talk to us and show us around the courthouse. He was hilarious and very animated. These first two pictures are of him in a courtroom. He's standing behind the table where the judge and his clerk sit. In Austria they don't have court reporters taking down every word, just a clerk that writes down the most important things that are said.

In front of the judge and clerk's table to the right is the prosecutor and to the left is the defense attorney. The little table in the middle is for the defendant to sit.

The judge does most of the talking, asking the defendant all of the questions and the defense attorney just suggests punishment. In fact, he told us there is basically no evidence presented at trial, it's more like a conversation between the judge and the defendant, with the police collecting all of the evidence before the case goes to trail. Doesn't that make you feel great about their case against you?

After he talked to us for a few minutes, we went to watch a trial. The man had been caught with 4 kilos of marijuana and they also found plants he'd been growing in his garage. Apparently, he had been working the night shift and the only way he could sleep was if he smoked! He basicially confessed to the crime and was given probation for three years. I'm not sure the DA's in the U.S. would be so forgiving!

Next the judge showed us to a courtroom seldom used. Isn't it beautiful? They only use this one for jury trials, of which there are very few. After he spoke a little longer we got to take pictures wearing the robes. This is a picture with 2 professors and the judge in the middle. The black robe is for defense attorneys, the red for prosecutors [he said the red was to symbolize they were going after blood] and the judge wears the blue one.

Put on your surprise faces...I got my picture made in the blue robe! I'm standing in front of the cross, which is how the witnesses swear in Austria. But, apparently there isn't much swearing in of witnesses during normal proceedings. They just keep the cross and candles for show!

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