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Flashcards in Chapter 3 Deck (16)
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1

fairness

fair processing and fair hearing.

2

equality

treated equally before the law with an equal opportunity to present their case. (free from prejudice and bias)

3

access

all people should be able to understand their legal rights and pursue their case. bodies and institutions that provide legal advice should be available to all.

4

SUMMARY OFFENCES

- minor criminal offences
- hearing takes place in magistrates court
- drink driving, minor assault

5

INDICTABLE OFFENCES

- serious offences
- heard by a judge + jury
- homicide, drug trafficking

6

burden of proof

- the responsibility of a party to prove the facts of a case
- lies with the person who is bringing the case

7

standard of proof

- strength of evidence required to prove the case
- prosecution must prove beyond reasonable doubt

8

the presumption of innocence

every person accused of a crime is presumed innocent until proven otherwise.

to ensure fair treatment to citizens.

common right law

9

bail

release of an accused person from custody on condition that they will attend a court hearing.

10

rights of an ACCUSED

1. right to a fair hearing
2. right to a trial by jury
3. right to be tried without unreasonable delay

11

right to be tried without unreasonable delay

- accused is entitled to have their charges heard in a timely manner

- delays should only occur if they are considered reason

regardless or race, gender, age, disability etc.

12

right to a fair hearing

1. a competent, independent and impartial court must decide the proceeding or charge.

every person has right to have their case heard by a qualified and experienced judge in an unbiased and objective manner.

2. trial process should be transparent and conducted in a fair manner.

13

right to a trial by jury

- provides for a trial by others in the community and the opportunity for participation, allowing the law to be applied to community standards.

14

rights of VICTIMS

- give evidence as a vulnerable witness
- informed about the proceeding
- informed of the likely release date.

15

what is a victim?

a person who has suffered injury as a direct result of criminal offence.

- family members of those killed via criminal offence
- child under 16 who has been groomed sexually
- family member of a person u/18 or has a mental impairment that has suffered as a direct result of criminal offence.

16

Criminal Justice System

- decide whether an accused is guilty
- impose a sanction