Court Watch 101
Finding a Sentencing Hearing to Observe
The biggest challenge to observing a sentencing hearing is finding one to observe. The observer often has to sit through all manner of other hearings and proceedings before encountering a sentencing. Figuring out the most likely times and days to catch sentencing hearings in a local court is also tough. The Federal Courts sometimes make it much easier by posting sentencing proceedings on their websites.
Most courts, especially local ones, do not publish their proceedings online. You can try calling your local court but you may have trouble getting the information you need. Your best bet is to visit the court in person and ask when and where the next sentencing hearing is taking place. In big city courts, there will likely be sentencing happening that day, so be prepared to stay and observe. In smaller, rural courts, sentencing won’t necessary occur every day.
As public institutions, criminal courts are open to the public. Typically, you do not need a pass to enter a criminal courtroom. You do not need to have a case or a special reason for being there.
If possible, try to carry out your court watch advocacy with a partner. This way you can discuss observation strategies before and during the sentencing proceedings, as well as reflect together afterwards about what you saw and thought.
Arrive dressed appropriately – usually in business casual attire. Bring a pen and paper, as well as the Court Watch Advocacy Report Form, in the event that you are permitted to take notes during the proceedings.
The Sentencing Hearing
Depending on how intimate the courtroom setting and how often you visit, you sometimes may get a less than welcoming reception. You may be instructed to refrain from taking notes.
Typically, you will be prohibited from using any electronic recording devices (including cell phones), sometimes extending to a ban of even bringing them into the courtroom or the courthouse.
You should sit as close as possible to the bench, in whatever location offers the best acoustics. You often will have difficulty hearing the proceedings, unless you succeed in prevailing upon some official to allow you to sit in the jury box or a front row.
All such vary. Oftentimes, you will be tolerated at least, sometimes welcomed, even encouraged to speak up during brief recesses between cases. Take advantage of such opportunities, especially the chance to talk with court officials just after the morning or afternoon call ends. Ask them questions, such as: What did this sentence seek to achieve? Could a shorter sentence (or a community sentence) have accomplished that purpose? What stood in the way of such a sentence?
The observer should try to ask all such questions in a non-offensive manner, seeking to engage the court official in a discussion rather than putting her/him on the defensive. In less comfortable situations, remain calm and seek negotiation opportunities at opportune times. Bide your time.
The duration of sentencing proceedings varies greatly. Most sentencings take only a manner of minutes, oftentimes following a plea-negotiated agreement or as part of the hearing, immediately after the taking of the guilty plea. If it is a full-blown adversarial sentencing hearing, it presumably could last hours, but these are rare.
What to Watch For
Review the Court Watch Advocacy Report Form prior to and during the proceedings so that you have an idea about what information you should record.
We want to capture as much information as we can about the offense, offender, and about the sentence. We are looking especially for any explanation or justification offered for the incarceration sentence imposed, especially as to its length (why not shorter?) and why it was imposed rather than some form of community sentence (usually probation, with an array of conditions possible).
Questions, incidental/on-the-spot or as part of an interview opportunity, should seek elaboration on what was not said in court, as discussed above.
Plea negotiations provide the most likely venue for such deliberations to take place. Ideally, we would like to observe them directly. Obtaining permission to do so is generally difficult. However, some judges conduct a plea agreement review hearing in open court. Observers should seek them out.
After the Hearing
Take some time to fill out and submit the Court Watch Advocacy Report Form on your own or with your partner. Try to do this during (if possible) or immediately following the proceedings.
Return Visits
Ideally, JNP’s court watch volunteer advocates will become a regular and noted presence in the courtroom. This can only be achieved through multiple visits to the same courtroom. This way, advocates can begin to understand the courtroom dynamics, relationships between its players, and recognize what is being said and what is not being said.
We thus ask that you perform at least one court watch a week for a month. The more the better to gather information, hold courts accountable, and begin to build the movement.
The biggest challenge to observing a sentencing hearing is finding one to observe. The observer often has to sit through all manner of other hearings and proceedings before encountering a sentencing. Figuring out the most likely times and days to catch sentencing hearings in a local court is also tough. The Federal Courts sometimes make it much easier by posting sentencing proceedings on their websites.
Most courts, especially local ones, do not publish their proceedings online. You can try calling your local court but you may have trouble getting the information you need. Your best bet is to visit the court in person and ask when and where the next sentencing hearing is taking place. In big city courts, there will likely be sentencing happening that day, so be prepared to stay and observe. In smaller, rural courts, sentencing won’t necessary occur every day.
As public institutions, criminal courts are open to the public. Typically, you do not need a pass to enter a criminal courtroom. You do not need to have a case or a special reason for being there.
If possible, try to carry out your court watch advocacy with a partner. This way you can discuss observation strategies before and during the sentencing proceedings, as well as reflect together afterwards about what you saw and thought.
Arrive dressed appropriately – usually in business casual attire. Bring a pen and paper, as well as the Court Watch Advocacy Report Form, in the event that you are permitted to take notes during the proceedings.
The Sentencing Hearing
Depending on how intimate the courtroom setting and how often you visit, you sometimes may get a less than welcoming reception. You may be instructed to refrain from taking notes.
Typically, you will be prohibited from using any electronic recording devices (including cell phones), sometimes extending to a ban of even bringing them into the courtroom or the courthouse.
You should sit as close as possible to the bench, in whatever location offers the best acoustics. You often will have difficulty hearing the proceedings, unless you succeed in prevailing upon some official to allow you to sit in the jury box or a front row.
All such vary. Oftentimes, you will be tolerated at least, sometimes welcomed, even encouraged to speak up during brief recesses between cases. Take advantage of such opportunities, especially the chance to talk with court officials just after the morning or afternoon call ends. Ask them questions, such as: What did this sentence seek to achieve? Could a shorter sentence (or a community sentence) have accomplished that purpose? What stood in the way of such a sentence?
The observer should try to ask all such questions in a non-offensive manner, seeking to engage the court official in a discussion rather than putting her/him on the defensive. In less comfortable situations, remain calm and seek negotiation opportunities at opportune times. Bide your time.
The duration of sentencing proceedings varies greatly. Most sentencings take only a manner of minutes, oftentimes following a plea-negotiated agreement or as part of the hearing, immediately after the taking of the guilty plea. If it is a full-blown adversarial sentencing hearing, it presumably could last hours, but these are rare.
What to Watch For
Review the Court Watch Advocacy Report Form prior to and during the proceedings so that you have an idea about what information you should record.
We want to capture as much information as we can about the offense, offender, and about the sentence. We are looking especially for any explanation or justification offered for the incarceration sentence imposed, especially as to its length (why not shorter?) and why it was imposed rather than some form of community sentence (usually probation, with an array of conditions possible).
Questions, incidental/on-the-spot or as part of an interview opportunity, should seek elaboration on what was not said in court, as discussed above.
Plea negotiations provide the most likely venue for such deliberations to take place. Ideally, we would like to observe them directly. Obtaining permission to do so is generally difficult. However, some judges conduct a plea agreement review hearing in open court. Observers should seek them out.
After the Hearing
Take some time to fill out and submit the Court Watch Advocacy Report Form on your own or with your partner. Try to do this during (if possible) or immediately following the proceedings.
Return Visits
Ideally, JNP’s court watch volunteer advocates will become a regular and noted presence in the courtroom. This can only be achieved through multiple visits to the same courtroom. This way, advocates can begin to understand the courtroom dynamics, relationships between its players, and recognize what is being said and what is not being said.
We thus ask that you perform at least one court watch a week for a month. The more the better to gather information, hold courts accountable, and begin to build the movement.