3.the criminal trial process questions Flashcards
what r the 4 state’s lower courts?
- coroner’s court
- children’s court of NSW
- Local court
- drug court of nsw
what is the state intermediate court? and what does it deal with. what r the aspects that come w it?
the district court of australia
- murder, treason, piracy
- appellate jurisdiction
- district court act 1973
what are the state superior courts?
- land and environment court
- nsw supreme court
- court of criminal appeal/court of appeal
criminal appeal deals w both civil and criminal matters
what is the high court of aus and what are 3 aspects that make it up
- highest court in the Australian judicial system
- deals with appeals from the Federal Court of Australia, the Family Court of Australia, and the state and territory Supreme Courts.
- It also deals with cases concerning the interpretation of the Australian Constitution and the constitutional validity of laws.
what is the adversarial system
adversarial system =
* judge/know know nothing litigation
* lawyers outline cases in court
* impartiality priortised
* aims to get the truth thro the open competition between prosecution-defence
* juries express society concerns
* presumption of innocence
disadvantages
* potential imbalances in resources, skills, knowledges
* juries may not be educated enough
what does the legal personnel consist of
- magistrates
- judges, director of/police prosecution
- public prosecution
- public defenders
- defence
- jury
what is a plea
a formal statement of guilt or innocence by the accused in court b4 trial.
a forma
what happens if defendant claims they are not guilty
there will be a criminal hearing to determine the guilt of the accused. if the individual is found guilty later on in the trial process, the delayed time/resources can affect the punishment imposed
what happens if defendant claims they are guilty
no criminal hearing, the judge or magistrate only needs to consider what penalty to impose.
