Evaluate the breadth and depth of your new knowledge and skills being open to new ways of doing and being. Give reasons for your evaluation
ADVOCACY IN THE CRIMINAL TRIAL – REFLECTION
- The Module’s Specification
The module critically analyses the intellectual and performance-based skills employed by criminal advocates to prepare for and conduct trials. Using the interdisciplinary approach to studying the English and Welsh Criminal Justice System, you will look critically at the interactions between the decision-makers and advocates. In particular, you will investigate the ways in which advocates prepare for trial, communicate with witnesses, construct and present persuasive arguments and closing speeches. The professional lives of other participants in the criminal justice system are similarly investigated, for example judges and witnesses.
- The Module’s Ethos
As Master’s level students, you are primarily responsible for your own learning and development, including reflecting on, and critically evaluating, your progress. Critical reflections on your attempts at seminar exercises as well as formative and summative assessments are a key feature of this module. For example, thinking about how your attempts at exercises will influence your educational and legal practice or other careers. Experience of undertaking lawyer-like tasks will deepen your understanding of advocates and the criminal justice system.
Capturing these experiences and most importantly analysing them is of central importance. Thus, evaluation and honest self-reflection are aspects of this module and its assessment. A good place to start this process is criteria or competences lists (these are introduced and discussed on the module). You are not required to address each and every criterion or competence; a selection may be a more effective way to display deep understanding. Please be assured that you will not be penalised for identifying weaknesses; indeed, you will be rewarded for a frank evaluation and proposals for how to develop your competences.
- Learning Outcomes
The module learning opportunities and assessment invite you to consider the importance of adopting a reflective approach to your work and that of advocates. To do that you will need to ensure that you are able to identify errors of judgement, omissions and mistakes, and to make suggestions for how to address them. Remember that you can reflect on and learn from your own and others’ performance and achievements. On the module therefore you will:
- learn by doing (e.g. undertaking seminar tasks and assessment tasks);
- be active in your learning taking responsibility for it;
- reflect on your learning as well as on advocates’ professional approaches to their work and ethics.
What Is Professional Reflection?
Donald Schön (1930-1997) developed the concept of reflective practice and contributed to the theory of organizational learning. In his most influential work, Schön, D. (1983) The Reflective Practitioner. How professionals think in action, London: Temple Smith, he set out his thesis on reflection-in-action and his conceptualisation of reflective practice inquiry. Schön believed that people and organizations should be flexible and incorporate their life experiences and lessons learned throughout their life. Although not the only thinker on it, reflection-in-action is often closely associated with Schön, and his influence is felt widely in the professions and education. If you are interested, explore https://infed.org/donald-schon-learning-reflection-change/.
Reflection is a sign of independence and professionalism. Reflection-in-action occurs whilst actors work on tasks and simultaneously evaluates their performance to understand that which is being undertaken and to decide how to execute the task well or better. In contrast, reflection-on-action is a critical looking-back at the completed task to work out how to do things better next time. Both forms of reflection are authentic, and on the module and in its assessment you are free to undertake either or both.
The Action > Reflection > Planning > Action Cycle
Adopting a Reflective Approach to Your Learning
The module invites you to take a lawyer-like approach to your learning and consideration of the working practises of trial advocates. The Bar Standards Board’s Professional Statement identifies the knowledge, skills and attributes (or “competences”) barristers need on their first day of practice. They include:
2.5 Adopt a reflective approach to their work, enabling them to correct errors and admit if they have made mistakes. […]
2.6 Ensure they practice with adaptability and flexibility, by being self-aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills. […]
You may wish to explore these competences and the BSB’s Continuing Professional Development (CPD) requirements. CPD is that work undertaken over and above the barrister’s normal commitments to develop their skills, knowledge and professional standards in areas relevant to their present or proposed area of practice to keep them up to date and maintain the highest standards of practice. [BSB HBK (rQ130.2)]
What to Do
Professional reflection and self-critiquing skills are not themselves complex. Undertaking the following will help you to begin to undertake both:
- Evaluate the breadth and depth of your new knowledge and skills being open to new ways of doing and being. Give reasons for your evaluation (e.g. refer to performance criteria or competencies, etc.)
- Resolve to improve shortcomings: identify areas to work on, e.g. expand legal knowledge about X, understand better strategic and tactical forensic skills to achieve Y, etc. Set goals that are achievable for you, devise a roadmap to improvement, consider how you will measure success.
- Draw on upon tutor, peer and personal discussion, feedback, guidance, and support. Also, use the reading list and other literature as a source for help.
- Record the evaluations, resolutions and goals/measure of success.
