3.3 Key Principles of the Criminal Justice System

Question 1

Burden of Proof

Answer 1

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case).

Question 2

Standard of Proof

Answer 2

the degree or extent to which h a case must be proved in court

Question 3

Beyond Reasonable Doubt

Answer 3

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 4

Balance of Probabilities

Answer 4

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true

Question 5

Presumption of Innoccence

Answer 5

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

Oxford Def.

Question 6

Presumption of Innoccence

SOK

Answer 6

The assumption that the party against whom allegations are being made is innocent of all allegations unless and until the party bringing the case shows a sufficient weight of evidence to the contrary. The presumption of innocence is protected by* s25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic)*

Question 7

Common Law

Answer 7

law made by judges through decisions made in cases. Also known as case law or judge-made law (as opposed to statute law)

Question 8

Double Jeopardy

Answer 8

The criminal law principle that states an accused may not be tried twice for the same crime, or for a different crime arising out of the same facts. The principle has been modified by statute. Recognised by s26 of the Victorian Charter of Rights and Responsibilities.

Question 9

When can the burden of proof be reversed

And what is the onus then?

Answer 9

In Affirmative Defences. E.g. Drugs possession on property, the onus on defence to prove otherwise; or if the accused raises a defence against the court’s presumption (i.e. mental impairment)
Is to the balance of probabilities

Question 10

How is the presumption of innoccence protected?

Answer 10

• High Standard of Proof
• Right to silence without negative inference
• reasonable grounds needed for arrest
• Weight of evidence must be sufficient before going to trial
• Prior convictions cannot be revealed
• Right to appeal