focus Flashcards
appropriateness of plea negotiations
3
- quick but does not uphold presumption of innocence
- saves cost but recudes transparency
- provides advantage to accused in that they may receive a lesser sentence but could danger community if released
appropriateness of sentences indictations
3
- early plea but requires ocnsnt in indictable
- saves money but given before facts
- accused is not boudn to accept indication
strengths and weaknesses of juries
3
- Provide fairness because they are randomly chosen from the community however jurors may be ineligible to serve on jury so there may not be a cross section
- Bring community values into the law providing equality however they may have their own biases
- Dont give reasons for their decision however they may take matters into their own hands and investigate outside of court.
responisbilities of parties pre trial 3
at trial 3
- invetsigate facts
- decide on evidence
- decide on witnessess
-give opening and closing address
- pay costs
- civil one
strengths and weaknesses of criminal parties 3
- prepare case with suitable evidence however the accused doesn’t have as much resources as the state
- Prosecution assist Court to arrive at truth and therefore presents all evidence. However vital evidence may be missed leading to unjust result.
- Parties are responsible for the costs of their own case. However unrepresented parties can cause delays in proceedings
strengths and weaknesses of legal practitioners
- Allow the client to present their case in the best possible light however it can be expensive which leads to less access
- cannot mislead the Court however if there is a disparity in experiment, it can lead to unfair outcome for one party.
- Arguments are presented logically which saves time However practitioners with insufficient experience can cause lack of fairness
appropriateness of ccos
- ccos punitive and rehabilitative so tries to assist the offender not to reoffend however waitlists for treatments can be long
- promotes interests of the offender/community however they are not well understood by public which undermines confidence
- eases prison crowding however public safety can be compromised
strengths and weaknesses of bicameral parliament
Allows for review of legislation but the government controls upper house so review isn’t no as affective
Provided for in constitution so cannot be easily changed but it does not apply to state parliaments
Should safe guard interests of the states however often does not because member likely vote with their party
strengths and weaknesses of separation of powers
- Keeps parliament within law making powers but judge is appointed by the executive creating an overlap so judge is not really independent
- limits ability of corruption but the lower house is controlled by gov (making legislature and executive the same)
- It is entrenched in the constitution so can only be removed with referendum
- ministers both administer and make law eg. health
strengths and weaknesses of referendums
Ensures Parliament cannot make dangerous changes to the Constitution without the say of the people, but people may not understand.
Protects smaller states from being overpowered by larger states but it is expensive
Voting is compulsory which ensures representation but may result in undemocratic results.
strengths and weaknesses of express rights
- Entrenched and therefore difficult to change but there are only 5 which is limited.
- Clearly written in the constitution but an entrenched bill would be more of a protection.
- Parliament abilities are limited but if they make a change that is ultra tires, high court must wait until a person comes before them that is standing
role of high court in interpreting cnstitutoins
Guardian of the constitution
Acts as a check on Parliaments
Gives meaning to/interpret words(political advertising case/roach)
factors affecting palriamnet law making ability
- role of houses and their impact: the composition of each house has impact on parliaments law making ability
- impact on representative nature of parliament: the democratic practices of cth and vic parliaments
- impact of political pressures: actions of political parties, aus organisations and international bodies that seek to influence how laws are changed
- ability to make law: constitutional limitations and operations of parliament can impact ability to repsond
doctrine of precedent strengths and weaknesses
- ensures consistency but lower courts must follow precedent even if outdated
- ensures predictability but identifying the relevant precedent can be time consuming
- judges can clarify unclear legislation but it can only be interpreted when a case comes before them.
judicial activism and strengths and weaknesses
When judges claim responsibility to support the development of the common law.
- allows judges to interpret statues but can lead to more appeals on question of law
- allows judges to consider social factors but can lead to courts making more radical changes in law that do not reflect community values
- allows judges to be more creative when making decisions
