3.1.1 - 3.1.2 key principles of the criminal justice system Flashcards
the burden of proof
the responsibility of a party to prove the facts of the case.
the standard of proof
the strength of evidence needed to prove the case.
summary offences
are minor crimes that are not heard before a judge or jury. often heard in the magistrates court. e.g drink driving
indictable offences
are serious crimes heard before a judge and jury. often heard in either county court or Supreme Court. e.g murder
the presumption of innocence
every person accused of a crime is presumed innocent until they have gone before a court and been found guilty beyond reaonsbale doubt.
criminal law
an area of law that
aims to protect society from harm by
defining prohibited behaviours and
outlining sanctions for those who
participate in illegal conduct.
crime
an act or omission that violates
an existing law, causes harm to an
individual, or society as a whole, and
is punishable by law
statute law
Statute law the body of law that
comprises laws made by parliament,
also known as legislation
sanction
Sanction a penalty imposed by a court
on an offender when they plead guilty
or are found guilty of a crime.
the legislation of summary offences
Summary Offences Act 1966 (Vic)
infringement notice
Infringement notice a penalty issued
to an offender when they commit
an offence, such as speeding, that
warrants a fine.
legislation fo indicatable offences
Crimes Act 1958 (Vic)
indictable offences heard summarily
a subset of indictable offences that can
be heard in the Magistrates’ Court in a
similar manner to a summary offence.
committal proceedings
Committal proceeding a hearing in
the Magistrates’ Court that is used to
determine whether there is sufficient
evidence against an accused person,
charged with an indictable offence, for
a trial in a higher court.
beyond reasonable doubt
Beyond reasonable doubt
the standard of proof applicable in
criminal proceedings which requires
the prosecution to prove that there is
no reasonable doubt that the accused
is guilty of the crime(s) they have been
charged with.
bail
Bail the process whereby a person
who has been arrested and charged
with a crime is released from police
custody and allowed in the community
whilst awaiting their trial.
conviction
Conviction an outcome of criminal
proceedings in which the accused
pleads guilty, or is found guilty by
the court.
when can Indictable offences be heard summarily
when the offender is eligible (of a term that does not exceed 10 years of imprisonment) , the court agrees, and the accused consents.
what offences are found in the Criminal Act 1958 (Vic)
generally, indictable offences
explain the relationship between the presumption of innocence and the burden of proof
The presumption of innocence and the burden of proof have a complementary relationship, as the burden of proof facilitates the right of the accused to be presumed innocent until proven otherwise.The responsibility to prove the facts of a case in criminal proceedings is on the prosecution. Therefore, the accused does not need to prove the case or validate the charges against them.Rather, they are legally understood to be innocent until the prosecution can prove them guilty beyond reasonable doubt
accused
A person who has been charged with a criminal offense but has not yet been found guilty or innocent in a court of law
defendant
In criminal cases, the defendant is the individual accused of committing a crime.
define prosecutor
A legal official who represents the state in a criminal case, aiming to prove the defendant’s guilt.
