U3AOS1A - Criminal Justice System (Key Concepts) Flashcards
Principles of Justice are in Civil deck
1
Q
What are the differences between a summary and indictable offence?
A
-
Seriousness
- S - Minor
- I - Serious
-
Court
- S - Magistrates’
- I - County or Supreme
-
Jury
- S - Not present
- I - Usually
-
Acts
- S - Summary Offences Act 1966
- I - Crimes Act 1958
-
Examples
- S - Disorderly conduct, drink driving, minor assaults
- I - Rape, murder, fraud, drug offences
2
Q
What are committal proceedings?
A
- Accused is charged with an indictable offence
- Pleads not guilty
- In Magistrates’ Court
-
Magistrate will decide whether there is sufficient evidence to support a conviction
- Yes - Accused commited to stand trial and is transferred to higher court
- No - Accused discharged and allowed to go free
3
Q
What is the burden of proof in a criminal trial?
A
- Obligation of party to prove a case
- Party who initates action - Prosecution
- Reverse can occur when accused is pleading self-defence or mental impairment
- Needs to be proven
4
Q
What is the standard of proof in a criminal trial?
A
- Degree or extent to which a case must be proven
- How much evidence needed to prove guilty
-
Beyond Reasonable Doubt
- Must be no doubt in a juror’s mind when they decide on a verdict
5
Q
What is the presumption of innocence?
A
- Accused assumed innocent until proven guilty
- Upheld through…
- High standard of evidence on the prosecution
- Bail system
- Right to silence
- Not allowing prior convictions to be revealed until after sentencing
6
Q
Describe the rights of an accused in a criminal trial
A
- Be Tried without Unreasonable Delay
- Entitled to have trial heard within a timely manner
- Delays that occur should be for purposes deemed reasonable
-
Silence
- Right to refuse to answer any questions
- Not being forced to give evidence
-
Laws
- Section 89 of the Evidence Act 2008 - Conclusions cannot be drawn
-
Common Law
- No adverse inferences
- Accused can later bring up defences not mentioned before
- Can choose to answer some questions and not others
-
Trial by Jury
- Judged by peers/members of the community
- 12 jurors elected randomly from Victorian Electoral Roll - Community participation
- Jurors decide verdict
7
Q
Describe the rights of victims in a criminal trial
A
-
Alternative arrangements for evidence
- Used in cases such as…
- Sexual
- Family Violence
- Obscene/ threatening language
- Sexual exposure in public
-
Types
- Give evidence in different location using CCTV
- Retractable screens
- Accompanied by support person
- Limit number of people in the room
- Legal practitioners required to stay seated
- Used in cases such as…
-
Informed about proceedings
- Section 7, 8 & 9 of Victims’ Charter - Require victim to be informed about any information regarding proceedings
- Information such as…
- Details of offences
- Date, time and location of proceedings
- Outcome of procceedings
- Appeal requests by accused
- Informed about release date of offender
- Section 17 of Victims’ Charter
- Victim entitled to any information regarding release date and parole opportunities
- Victim must be on Victims’ Register and a victim of a criminal act of violence
- Need to be notified at least 14 days prior to release date
- Section 17 of Victims’ Charter
8
Q
Describe Victorian Legal Aid (VLA)
A
-
Government agency that provides…
- Free legal information
- Legal advice
- Legal representation
- Tests
-
Income
- Determine whether a duty lawyer can represent an accused
- Accused must show they have limited income
-
Means
- Determine whether an applicant qualifies for legal assistance or representation
- Takes into account the applicant’s income, assets and expenses
-
Income
9
Q
Describe Community Legal Centres (CLC)
A
-
Independent organisations
- Provide free legal services to people who are unable to access it
- Provide accused with…
- Information
- Legal advice
- Ongoing assistance
- Legal education to the community
- Advocate for changes to the justice system to address unfair laws or practices
10
Q
What are the types of CLC?
A
-
Generalist
- Broad services to a particular geographical area
- Examples - Barwon Community Legal Centre, Brimbank Melton Community Legal Centre
-
Specialist
- Focus on a specific group of people or area of law
- Examples - Animal Law Institute, Disability Discrimination Legal Service
11
Q
What are the eligibility requirements for CLC?
A
-
Type of legal matter
- Mostly minor criminal matters
- If other assistance is available
- If the person has a good chance of success
- If the CLC is available to assist
12
Q
What are plea negotiations?
A
- Discussions that take place between the prosecutor and accused about charges
- Purpose of…
- Ensuring certainty of outcome of a criminal case
- Save on costs, time and resources
- Achieve prompt resolution to a criminal case without the stress, trauma and inconvenience of a criminal trial
13
Q
Describe the appropriateness of plea negotiations
A
- Willingness of accused to cooperate
- Strength of both sides of evidence
- Willingness of accused to plead guilty
- If the accused is legally represented
- Willingness of witnesses to give evidence
- Possible adverse consequences of a full trial
- Time and expenses involved in a trial
- Views of the victim