U3AOS1 The Criminal Justice System Part A

Question 1

Describe Fairness

Answer 1

Fair legal processes which ensure the just and impartial treatment of all accused persons and victims involved in the criminal justice system.

Question 2

Examples of Fairness in Criminal Justice System

Answer 2

Right to appeal
Right to silence
Unbiased judge and jury
No prior convictions revealed until sentencing
Ability to present best case (legal rep

Question 3

Describe Equality

Answer 3

all people are treated equally before the law and are neither at a disadvantage or an advantage due to personal characteristics

Question 4

Examples of Equality in Criminal Justice System

Answer 4

Examples of personal characteristics:
religion
english as a second language
financial/social status
disability
age

Question 5

Describe Access

Answer 5

the ability to understand rights and make use of the legal system

Question 6

Examples of Access in Criminal Justice System

Answer 6

legal information/representation
courts
delays within system

Question 7

Define summary offences

Answer 7

minor offence generally heard in the Magistrates Court.

Question 8

Define indictable offences

Answer 8

serous offences generally heard before a judge and jury in the County or Supreme Court

Question 9

Define indictable offences heard summarily

Answer 9

serious offences that can be heard and determined as a summary offence if the accused and court agree.

Question 10

The court that hears summary offences is the _______

Answer 10

Magistrates Court (hearing)

Question 11

The court that hears indictable offences is the ________

Answer 11

County or Supreme Court

Question 12

The court that hears indictable offences heard summarily is the _______

Answer 12

Magistrates Court

Question 13

Examples of summary offences are:

Answer 13

Disorderly conduct
Drinking offences
Minor assaults
Shoplifting

Question 14

Examples of indictable offences are:

Answer 14

Rape
Homicide
Fraud
Manslaughter

Question 15

What is the burden of proof?

Answer 15

The burden of proof refers to the responsibility of the prosecutor to prove their case satisfactorily to the judges and jury beyond a reasonable doubt.

Question 16

What is the standard of proof?

Answer 16

The quality of proof the prosecutor presents to prove the case.

Question 17

What is the presumption of innocence?

Answer 17

Presumption of innocence refers to the principle that all accused that stand are presumed as innocent until proven guilty without a shadow of doubt

Question 18

What are the rights of the accused?

Answer 18

Right to trial by jury
Right to a fair hearing
RIght to be tried without reasonable delay

Question 19

What are the rights of the victims

Answer 19

The right to give evidence as a vulnerable witness
Right to be informed about the proceedings
Right to be informed about likely release date of the accuesed

Question 20

Describe to role of Victoria Legal Aid

Answer 20

Free legal advice to the community and low cost or no-cost legal representation for people who can’t afford to pay for a lawyer.

Question 21

What is free legal information

Answer 21

Free publications and resources about criminal law and a public law library with legal materials. available over the phone or online

Question 22

What is free legal advice

Answer 22

It’s provided in person by video or phone

Question 23

What are free duty lawyer services

Answer 23

A person who is at court on a particular day and who can help people for a hearing

Question 24

What is the grant of legal assistance

Answer 24

Helping the accused resolve matters in disputes, preparing documents and representing accused

Question 25

How does VIctoria Legal Aid uphold fairness?

Answer 25

Focus on the most vulnerable. Duty lawyers provides adivce and assistance

Question 26

How does Victoria Legal Aid uphold equality?

Answer 26

Free information provided to everyone. support is provided regardless of personal characteristics.

Question 27

How does Victoria Legal Aid uphold access?

Answer 27

Free information case work assistance

Question 28

How is fairness limited by Victoria Legal Aid

Answer 28

Strict eligibility requirements limited ability

Question 29

How is equality limited by Victoria Legal Aid

Answer 29

Assistance is limited. VLA's strict eligibility criteria for legal assistance.

Question 30

How is access limited by Victoria Legal Aid?

Answer 30

Limited information information is online Duty lawyers only accessible in Magistrates Court

Question 31

What is the role of Community Legal Centres?

Answer 31

Provide information, legal advice and minor assistance. Doesn't usually take on legal cases but has duty lawyers

Question 32

What is the purpose Generalist CLC?

Answer 32

Provide broad legal services in a particular local geographical area.

Question 33

What is the purpose of Specialist CLC?

Answer 33

Focuses on particular group or people or area of law.

Question 34

Describe committal proceedings

Answer 34

Is a pre-trial procedure and takes place in the Magistrates Court.

Question 35

When are committal proceedings are not appropriate?

Answer 35

A committal proceeding is not used for summary offences

Question 36

What is the function of committal proceedings?

Answer 36

To see whether a charge for an indictable offence is appropriate to be heard summarily Decide if there's enough evidence to support a conviction. Find out whether the accused is pleading guilty. Make sure there's a fair trial.

Question 37

What are the strengths of committal proceedings?

Answer 37

Saves time and resources Accused is informed of the prosecution's case (helps decide plea and prepare a case The accused can test the strength of a case against the prosecution.

Question 38

What are the weaknesses of committal proceedings

Answer 38

Complicated Expensive, legal representation needed Adds delay to the case. Reduce public access to criminal justice systems. increase the chance of unfair outcome. causes stress and trauma for the accused, victims and family. unnecessary for strong cases

Question 39

Define plea negotiations

Answer 39

pre-trial discussions between the prosecutions and accused aimed at resolving the case by agreeing to an outcome to the criminal charges laid.

Question 40

Negotiations in plea negotiations may result in

Answer 40

fewer charges pleads guilty to lesser charge pleading guilt but agreement is resolved.

Question 41

What are the purpose of plea negotiations

Answer 41

resolve case by ensuring that a guilty plea to a charge reflects crime committed. provide prompt resolution to case, avoid cost, time, stress, and trauma of free trial

Question 42

When are plea negotiations appropriate?

Answer 42

issues with availability, reliability or willingness of crucial witnesses issues with admissability of the pieces of evidence. original charge by police is incorrect if the prosecution believe witnesses may not be believable

Question 43

Strengths of plea negotiations

Answer 43

save cost prompt determination of case saves victim/witness stress of the trial. the agreement must reflect offence.

Question 44

Weaknesses of plea negotiation?

Answer 44

occurs outside of court, lacks transparency victims may feel accused gets off easily. accused may feel pressured to accept. publiv may feel accused gets off easily