Lesson 19: The role of key personnel within the Courtroom

Question 1

The role of the judge

Answer 1

• Sits in County Court → in Supreme court they are referred to as a Justice
• Preside over superior courts and trials
  Roles:
  -Ensure both parties receive an equal opportunity to present their case
• Protect the rights of witnesses and victims when testifying
• Determine an appropriate sanction should the accused plead (is found) guilty

Question 2

The role of the Magistrate

Answer 2

• Performs a similar function to that of a judge
• Busiest court in hierarchy as most offences are heard there → most offences are summary
  Roles:
• Determine the verdict of the case should the accused plead not guilty
• Determine an appropriate sanction (penalty) that fits the offence
• Oversee the conduct of a hearing for minor offences

Question 3

The role of the Parties involved

Answer 3

The prosecution and the accused
Accused:
- A party charged with an offence (second party to a criminal case)
- Plead guilty: proceed to a sentencing (avoid trial)
- Plead not guilty: a trial or hearing will commence
Attempt to weaken a prosecutions case through:
- Presenting evidence
- Presenting a defense
- Remain silent
- Calling witness

Question 4

The role of the Prosecution

Answer 4

• A party that acts on behalf of the Commonwealth or state and brings a criminal case to court
  Roles:
• Prove their case that the accused is guilty beyond a reasonable doubt
• Present evidence at trial
• Determine which witness to call
• Make submissions to court for an appropriate sentence for the accused

Question 5

The difference between the Standard and Burden of Proof

Answer 5

The Standard of proof refers to ‘beyond a reasonable doubt’ meaning evidence must be sufficient in that there is the highest degree of certainty that the accused is guilty with no other possible options.
Whereas the Burden of proof refers to the obligation of a party to prove a specific issue or fact in a legal case. This relies on the prosecution to probe their case.

Question 6

The composition of the Jury + roles

Answer 6

• People chosen at random from the Victorian Electoral Roll
• 12 Jurors for criminal trials
• 15 Jurors possible in special cases
• Used in county and Supreme court
• Serious criminal offences
  Roles:
• Listen to all the evidence presented by both parties (note pad into trial recommended)
• Consider and weigh up all evidence presented
• Reach a decision based upon evidence and application of the relevant law