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
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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
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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
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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
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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
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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
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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
  • 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
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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
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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
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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
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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
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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
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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
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