unit 3 aos1a

Question 1

state the principles of justice (3)

Answer 1

fairness, equality, access

Question 2

define fairness (principle of justice)

Answer 2

having fair processes and a fair hearing. the parties in a legal case should have the opportunity to know the facts of the case and have the opportunity to present their side. hearing processes should be fair and impartial

Question 3

define equality (principle of justice)

Answer 3

law should apply to all people regardless of their status in society, race, culture or religion. rules should apply to both parties in a balanced way. all people are equal before the law

Question 4

define access (principle of justice)

Answer 4

having access to legal advice from a lawyer who can use their expertise to present a legal matter to the court in the best way possible

Question 5

state the key concepts of the vic justice system (4)

Answer 5

burden of proof, standard of proof, presumption of innocence, distinction between summary/indictable offences

Question 6

burden of proof (key concept).

Answer 6

the responsibility of the party to prove the facts of the case. lies with the party bringing the case forward (prosecution). prosecution must prove the accused is guilty

Question 7

standard of proof (key concept)

Answer 7

strength of the evidence needed to prove the case beyond reasonable doubt. it means there is no other logical/reasonable conclusion that can be reached based on the facts

Question 8

summary offence (key concept)

Answer 8

minor criminal offences (drink driving, minor assaults), heard in magistrates court, no jury

Question 9

indictable offence (key concept)

Answer 9

serious criminal offences (homicidal offences and drug trafficking), county/supreme court, judge and jury of 12

Question 10

presumption of innocence (key concept)

Answer 10

every person accused of a crimes presumed innocent until proven guilty. it is a guarantee by the state to the people that if you are accused that you will be treated innocent until charge has been proven beyond reasonable doubt

Question 11

rights of the accused (3)

Answer 11

right to a fair hearing, right to a trial by jury, right to be tried without unreasonable delay

Question 12

right to a fair hearing (accused)

Answer 12

an independent and impartial court must decide the proceedings. an experienced magistrate/judge hears the case in an unbiased manner.
the trial process should be transparent, conducted in a fair manner, allowing for public and media scrutiny.

Question 13

right to be tried without unreasonable delay (accused)

Answer 13

an accused has the right to have their case heard in a timely manner. the complexity of a case and legal issues involved may influence time it takes to go to a trial

Question 14

right to trial by jury (accused)

Answer 14

jury allows for community participation which allows the law to be applied according to society’s standards.

Question 15

rights of victims (3)

Answer 15

right to give evidence as a vulnerable witness, right to be informed about proceedings and right to be informed of a likely release date

Question 16

right to give evidence as a vulnerable witness

Answer 16

a vulnerable witness is considered to be someone who is impressionable or at risk and therefore requires protection. a victim may be required to provide evidence against an accused, this may make the victim uncomfortable which may jeopardise evidence

Question 17

protected witness

Answer 17

may be the primary victim, their family, the accused family or anyone in the court declare protected. a protected witness can only be cross examined by accuseds legal representative or a vic legal aid representative so the witness doesn’t have direct contact with the accused

Question 18

special arrangements (minors/people with cognitive impairments)

Answer 18

accused is not in same room as complainant, no unauthorised people allowed in courtroom and accused cannot see complainant while giving evidence

Question 19

right to be informed about proceedings (witness)

Answer 19

victims are entitled to know the progress of an investigation into a criminal case. the victim is entitled to sentence imposed/appeal details, details of charges against accused, outcome of criminal proceedings

Question 20

right to be informed of a likely release date

Answer 20

a victim of a criminal act of violence may be entitled to receive information about an offender that has been imprisoned. (length of sentence, release date/release on parole)

Question 21

institutions available to assist an accused (2)

Answer 21

vic legal aid, community legal centres

Question 22

vic legal aid

Answer 22

includes legal education and information, legal advice and legal representation. the VLA aims to provide equitable basis and improved access to justice and legal remedies at a low cost

Question 23

vic legal aid objectives

Answer 23

providing legal aid in the most effective and efficient manner, providing the community with improved access to justice, managing resources so legal aid is available at a lower cost

Question 24

community legal centres

Answer 24

provide free legal assistance. can be generalist (provides broad services to people who live in a specific areas) or specialist (focuses on an area of law/group of people). CLCs have eligibility criteria to determine who they assist (type of case, likelihood of success). demand for this service exceeds supply

Question 25

criminal procedures act

Answer 25

offers vulnerable witnesses a number of protections such as allowing a support person and giving evidence from a place other then the court

Question 26

committal proceedings

Answer 26

the processes and hearings that take place within the magistrates court for indictable offences where an accused has pleaded not guilty. they act as a filtering system to test the strength of the prosecutions case.

Question 27

purpose of committal proceedings

Answer 27

to ensure a fair trial, to determine the appropriateness of hearing the case summarily and to hear the accuseds plea (guilty/not guilty)

Question 28

commital hearing

Answer 28

where the accused has the opportunity to question the prosecutions witnesses and make submissions about the charges. after this, the magistrate decides whether or not to send the accused to trial

Question 29

original jurisdiction

Answer 29

power of court to hear a case for the first time

Question 30

appellate jurisdiction

Answer 30

power of a court to hear a case on appeal

Question 31

specialisation

Answer 31

individual courts determining their own areas of expertise

Question 32

appeals

Answer 32

allows a person to challenge a decision made by a lower court and have it reviewed in a higher court. grounds of appeal include appeal on a question of law, appealing a conviction, appealing severity.