AOS1 Victorian Civil Justice System P1 Flashcards
(40 cards)
What is the rule of law?
the principle that all people are equal before the law and must obey the law.
Define plea
A statement on behalf of the defendant stating guilt or innocence
Summary offence
A minor, less serious offence heard in magistartes court
Indictable offence
A serious offence heard in the county and supreme court
Standard of proof
The extent to which a case must be proved in court. This is beyond reasonable doubt.
What does ‘beyond reasonable doubt’ mean?
If there is any reasonable doubt of the guilt of the accused, they must be found not guilty
Burden of proof
The obligation to provide evidence to prove facts of a case.
Who has the burden of proof in a criminal case?
The burden of proof is on the prosecution, however it can be reversed to the defendant in some cases
Distinguish between statute law and common law
Statute law is made by the parliament. On the other hand, common law is developed by courts in Australia
What elements uphold the presumption of innocence?
Bail, burden of proof, standard of prood, right to appeal, right to silence and reasonable arrest
Inculpatory evidence
evidence that establishes guilt
exculpatory evidence
evidence that is favourable to the defendant and diminishes guilty appearance
Fairness
The principle that all people can participate in the justice system and its processes should be impartial and open
Equality
All people engaging in the justice system and its approaches should be treated the same way, unless this causes disadvantage
Access
All people should be able to engage with the criminal justice system on an informed basis
What are the 3 elements upholding fairness?
Impartial processes, open processes and participation
What are the 3 rights the accused have in a criminal case?
The right to be tried without unreasonable delay, the right to silence and the right to trial by jury
What are 3 rights of victims?
The right to give evidence using alternative arrangements, the right to be informed about the proceeding and the right to be informed about likely release date of the offender.
The Charter of Human Rights and Responsibilites Act 2006
Act that gives legal recognition and protection in Victoria to many important human rights
Director of Public Prosecutions
The officer responsible for preparing, conducting and establishing prosecutions of indictable offences on behalf of Victoria
Office of Public Prosecutions
The victorian public prosecuting office that prepares and conducts criminal proceedings on behalf of the Director
Prosecutor
The representative of the prosecution team who is responsible for conducting the criminal case in court on behalf of the state
Who is included in the prosecution?
The prosecutor DPP, OPP, Victoria Police and Worksafe Vicroads Victoria
Who are the two parties in a criminal case and who isn’t?
The accused and the prosecution. The victim is not a party.
