Ch 4 Notes Flashcards
Fairness (participation) is supported thru
Mostly Participation…
Accused:
1. Know case against
2. Tried without unreasonable delay
3. Use lawyer
4. Use interpreter
5. Prepare defence
6. Examine witness
Victim:
1. Evidence through Alt Arr
2. Victim Impact Statement
3. Opportunity to give their view
Fairness (Open processes) are needed to…
- Public scrutinise and hold accountable
- Ensure processes and decisions are fairly reported
- Maintain public confidence
BUT - some are too minor or suppressed
Purpose of Principles of Justice
Fairness: Innocent not guilty, public confidence
Equality: all equal and effective protection by law w/o discrim
Access: all have opportunity to make use of CJS institutions and processes
Equality supported thru…
- Change court processes
- Interpreters
- Provide info diff
- Changes for cultural diff
- Flexibility
- Diff form of oath
Access supported thru…
- Education/info
- Legal and support services
- Legal Rep
Purpose of Plea Negotiations
- Ensure certainty of crim case outcome - charges must still reflect wrongdoing
- Save on T/C/S/I
- Resolve case w/o S/T/I because NO GIVING EVIDENCE
Results of Plea Negotiations
- Few charges - remaining are dismissed
- A charge - but agreement has been reached about the facts that the plea is based
- Lesser charge - e.g. murder>manslaughter
Process of Plea Negotiation
- A party institutes it (usually accused)
- Conducted w/o prejudice
- Negotiation methods usually written in letter/email
- Accused is sentenced by COURT who is informed of plea and decides sanction
When Plea Negotiations Used
- Can be at any time for summary OR indict
- Victims views considered but are not the deciding factor
- Usually used when multiple charges
- Public interest considered
Appropriateness of Plea Negotiations
- Accused cooperation in invest/prosec
- Accused willing to plead? Best interest?
- Accused has rep?
- Witness willing/able to give evidence
- Strength of evidence/defence
- Cons of a full trial
- View of victim and public
Specialisation of Courts
4.5
Reasons for a Court Heirarchy
- Specialisation
- Admin Convenience
- Appeals
- Doctrine of Precedent
Crim jurisdictions of courts
4.5
Criteria of Judges/Mag
- Appointed not elected
Mag: 2. Law degree, 3. 8+ years experience as lawyer
Judge: 2. <70y.o, 3. Experience as a lawyer or alr a judge/mag
Role of Judge/Mag
- Impartial
- Manage Trial of Hearing
- Decide/Oversee Case Outcome
- Sentence Offender by hearing both parties and considering VIM
How Judge Manages Trial/Hearing
- Correct procedure + equal opp to present case
- Question/call witnesses
- Make decisions in trial
- Adjust processes to avoid disparity
Role of the Jury
- Act impartial
- Listen and remember evidence (no prior self-research)
- Understand directions and summing up
- Deliver a verdict that is either…
- Unanimous
- Majority
- Guilty of Alt offence
Duties/Role of Prosecution and Accused
Prosecution:
1. Disclose info to Accused
2. Particpate in Trial/Hearing
3. Make submissions about sentencing
Accused: 2,3
How parties participate in trial/hearing
- Opening address
- Present evidence
- Cross-exam opposing party’s witnesses
- Closing address - limited to evidence
Reasons for Legal Practitioners (lawyers)
- Provide skills and expertise»_space; navigate CJS and test evidence
- Be objective to properly assess risks and decide
- Prevent accused from re-traumatise victims when question
- Court/judge can only slightly assist a self-rep
Court Order for Legal Rep: Statute and Criteria
“Criminal Procedure Act 2009 (VIC): Section 197”
1. Accused would not receive fair trial w/o legal rep
2. Accused can not afford lawyer - must be proven by the accused
