Criminal Trial Process (Wk1-4) (U1) Flashcards Preview

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Flashcards in Criminal Trial Process (Wk1-4) (U1) Deck (7)
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1

What is the Adversarial System?

The adversarial system is based on the opposing sides acting as adversaries who compete to convince the judge and jury that their version of the facts is the most convincing.

2

What is the use of defences and excuses?

To either;
a. Reduce the charge or
b. Complete defence to the charge

3

What is a partial defence?

These are defences that only partially reduce the charges.

4

What are some examples of defences?

- Self-defence
- Defence of property
- Necessity
- Duress
- Accident
- Insanity
- Diminished responsibility
- Intoxication

5

What is an appeal?

An appeal is an application to the courts when a party believes that a judge or jury made the wrong decision.

6

Define natural justice?

Rules of fair play originally developed in comm law courts.

7

Define procedural fairness?

A common law duty to act fairly in the making of administrative decisions that affect a persons rights, interests and legitimate expectations.