Outcome 3

Question 1

What is the role of a criminal jury?

Answer 1

The role of the jury is to listen to evidence piece by piece and decide if accused is guilty or not.

Question 2

How is a jury selected?

Answer 2

Anyone registered on the electoral role may be randomly selected for jury service. They must fill out a questionnaire to see if they are eligible.

Question 3

What are some advantages and disadvantages of a criminal jury?

Answer 3

ADVANTAGES:

• trial by peers
• involves community and general public
• reflects community values
• spreads responsibility over more than one person

DISADVANTAGES:

• not true cross section of society as some people aren’t eligible
• difficult for jury members to understand complicated evidence
• jurors may be influenced by media, barristers and any arguments
• jurors may have biases
• jurors may not follow law

Question 4

Where can people go to receive legal aid?

Answer 4

• Victorian legal aid
• Community legal centres
• Victorian aboriginal legal service
• Law institute of Victoria
• Community information centres

Question 5

What is a summary offence?

Answer 5

A minor crime heard in the magistrates court

Eg. traffic offences, failing to answer bail and being drunk in a public place

Question 6

What is an indictable offence?

Answer 6

A more serious crime that is heard in front of a judge and jury. Some can also be heard summarily. If it is heard summarily it is quicker, cheaper and the maximum penalty is less.

Question 7

What is the role of the party?

Answer 7

Each party has control of their own case. They can decide on how they will investigate and present facts, decide on legal representation, how many witnesses, kind of evidence they will provide and the method of delivering it.

Question 8

What is the role of the judge?

Answer 8

Be independent and ensure case proceeds according to procedure and that both sides are treated equally.

Question 9

What is the need for legal representation?

Answer 9

Each party should be represented by legal representatives with equal skills. This allows both sides to bring best suited evidence, allowing truth to be found instead of case being win by party with most skilled representative.

Question 10

What are the principles of criminal liability?

Answer 10

• Presumption of innocence
• Burden of proof
• Standard of proof
• Age of accountability
  (Under 10 is assumed can’t form guilty mind. Between 10-14 of it can be proven then this can be overturned)
• Participants of a crime