AOS 1 part 2 Flashcards
(40 cards)
identify the key personnel in the CJS
Judge/Magistrate
Jury
Parties-(Prosecution/Defendant)
outline the role of a judge or magistrate
Act as an independent, impartial third party
Oversee proceedings ensuring fairness
Ensure strict rules of evidence + procedure
determine Sanction and (guilt if applicable)
outline the role of Jury
“trial by peers”
Listen, consider, decide
Retire after judges charge to consider verdict
Maintain independence and impartiality
outline the role of parties
Responsible to prepare and present its case
what is a legal practitioner
an individual who possesses substantial experience and expertise in the legal system
e.g barrister, solicitor
what is a barrister
a legal practitioner that has the role of presenting a case to court and examining witnesses
what is a solicitor
a legal practitioner that engages in pre-hearing or pre-trial work, e.g evidence prepared, briefing of barrister, providing assistance to barrister during trial
what does a solicitor do
pre trial work
e.g evidence prepared, briefing of barrister, providing assistance to barrister during trial
what is three factors which affects the CJS ability to achieve POJ
costs
delays
cultural background
what creates financial burden in a criminal matter
Lack of Support from government bodies
Prolonged trials
Legal practitioners high cost
what happens if an individual cannot receive funding
possible self-representation
how does financial costs affect fairness
self representation lacks experience and expertise, might plead guilty if innocent
how does financial costs affect equality
Self represented party or party with less experienced legal rep vs state backed prosecution
how does financial costs affect access
reduced access to assistance, self-represented party’s lead to delay
what are some ways delays occur
courts over listing cases
extensive pre trial processes
forensic evidence
development in legislation
if multiple defendants have own lawyers
what are some pre trial processes
Bail hearings
committal hearings
directions hearings
how do delays impact fairness
Justice delayed is justice denied
uncertainty felt, victims, family, witnesses might die/forget
accused held in remand
how do delays impact equality
accused lacks resources of state backed prosecution, difficult to retain legal rep
how do delays impact access
delays –> courts experiencing backlogs –> longer wait for matter to be resolved
What difficulties to migrants face?
Unaware of restrictions
Existence of citizen rights
Uncertainty about bail
Ignorance of law
Unaware of assistance providing bodies
What difficulty might migrants face in court
The magistrates court is busy and high police presence intimidating
Not familiar with adversary system
Issues with terms and language
Issues with oral evidence
What are the five purposes of criminal sanctions?
Retribution
Deterrence
rehabilitation
Protection of community
Denunciation
Elaborate on retribution
The sentence imposed must be fair and reasonable based purely on evidence given at trial
Elaborate on the two different types of deterrence
General: attempt to deter this society from committing crimes
Specific: discourage offender from committing further offences
