4 the principles of justice in a criminal case Flashcards
1
Q
Victoria Legal Aid (VLA)
A
a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer
2
Q
The role of Victoria Legal Aid
A
- provide legal aid in most effective, economical & efficient manner
- manage resources to make legal aid available at a reasonable cost
- provide community w improved access to justice & legal remedies
- pursue innovative means to minimise need for individual legal services
3
Q
Types of legal aid
A
- Free legal information
- Free legal advice
- Free duty lawyer services
- Grants of legal assistance (getting
a lawyer to run the case)
4
Q
Free legal information
A
VLA’s website has free publications and resources, info abt criminal cases & a public law library that includes case law and other legal materials
- Legal info available over the phone
5
Q
Free legal advice
A
Advice is provided in person, by video conference or over the phone
6
Q
Free duty lawyer services
A
Duty lawyer: lawyer in court on a particular day & can help people who are in court for a hearing on that day
- Give fact sheets abt what happens in court, offer legal advice, or represent an accused in court on that day
- Only available in the Magistrates’/ Children’s Court; they are not available for indictable offence trials.
7
Q
Grants of legal assistance
A
- Legal advice
- Helping the accused resolve matters in dispute
- Preparing legal documents
- Representing the accused in court
8
Q
community legal centre (CLC)
A
an independent organisation that provides free legal services to people who are unable to pay for those services
- generalist CLCs
- specialist CLCs
9
Q
generalist CLC
A
CLC that provides a broad range of legal services to people in a particular geographical area
10
Q
specialist CLC
A
CLC that focuses on a particular group of people or area of law
11
Q
Role of CLCs
A
- Basic legal information
- Initial legal advice
- Duty lawyer assistance
- Legal casework
12
Q
Basic legal information
A
CLCs provide basic legal information on a day-to-day basis
- Some info online
13
Q
Initial legal advice
A
- Legal advice + info (e.g. preliminary assistance, help with writing short letters & completing forms)
- Free legal advice service that allows people to visit the CLC w/o an appointment & get legal info + advice
- Phone advice is also available
14
Q
Duty lawyer assistance
A
Duty lawyers provide advice or representation for urgent matters that will be completed in one day
15
Q
Legal casework
A
- Sometimes CLC takes on criminal matters. This involves legal representation and assistance and will require ongoing legal services
- Each CLC has its own eligibility requirements
- Many DON’T offer representation & assistance for indictable
16
Q
THE PURPOSES OF COMMITTAL
PROCEEDINGS
A
17
Q
plea negotiations
A
(in criminal cases) pre-trial discussions b/w prosecution & accused w aim to resolve case by agreeing on an outcome to the criminal charges laid (AKA charge negotiations)
18
Q
Purposes of plea negotiations
A
- Ensure certainty of the outcome of a criminal case
- Save on costs, time & resources
- Prompt resolution to a criminal case w/o the stress, trauma & inconvenience of a criminal trial
19
Q
Appropriateness of plea negotiations
A
20
Q
Strengths of plea negotiations
A
21
Q
Weaknesses of plea negotiations
A
22
Q
Jurisdiction
A
lawful authority of a dispute resolution body to decide legal cases
- original jurisdiction
- appellate jurisdiction
23
Q
Summary of the criminal jurisdiction of Victorian courts
A
Magistrates’ Court
- Summary & indictable heard summarily
- Committal proceedings, bail applications & warrant applications
- NO appellate jurisdiction
County Court
- Indictable except murder, attempted murder, certain conspiracies, corporate offences
- Appeals from the Magistrates’ on conviction or sentence
Supreme Court (Trial Division)
- Most serious indictable
- Appeals from the Magistrates’ on points of law
Supreme Court (Court of Appeal)
- NO original jurisdiction
- Appeals from the County or Supreme (Trial Division) & Magistrates’ where Chief Magistrate decided the case
24
Q
Reasons for a Court Hierarchy
A
- Specialisation of courts
- Appeals
25
Specialisation of courts
areas of expertise that courts develop and that the personnel have expert knowledge in
26
Appeals
a party who is dissatisfied with a decision can take the matter to a higher court to challenge it
- appealing on a question of law
- appealing a conviction (by offender)
- appealing b/c of severity of sanction imposed
27
Responsibilities of the legal practitioners
- Be prepared
- Comply with their duty to the court
- Act in the best interests of their client
- Other responsibilities
28
why do we need legal practitioners?
any person should have an adequate opportunity to test the evidence put against them
29
reasons why we need lawyers
- self-represented **lack skill & experience** to navigate the justice system
- self-represented accused may **struggle to remain objective** during the case
- for traumatic or difficult cases, avoid **accused directly questioning witnesses**
- court & judges can assist to some extent but **CANNOT advocate on their behalf**
30
court order for legal representation
Court must be statisfied that the accused: (burden of proof on accused)
- UNABLE to recieve a fair trial w/o legal rep
- CANNOT afford to pay for their own lawyer
Ensures a fair trial, avoid a successful appeal & avoid possible acquittal
31
strengths of legal practitioners
- Expertise helps accused navigate the criminal justice system
- Objective in ability to make decisions in the criminal case (self-represented people DON'T have objectivity)
- Avoid delays that may arise w/ self-represented accused
32
weaknesses in legal practitioners
- Not all have same lvl of experience & skills (impact quality of legal service)
- Not everyone can afford legal rep (DON'T have skills, experience & objectivity)
- Legal rep alone may NOT help the accused
33
factors that impact PoJs
- cost (e.g. legal rep)
- time (e.g. court delays)
- cultural differences (e.g. culture or language barriers)
34
costs
- main costs = lawyer
- greatest financial impact = accused
- right to legal rep but some CAN'T afford it
- if cannot afford it, may apply to VLA, CLC or pro bono lawyer (NO guarantee)
35
measures to address costs
- free legal aid thru VLA & CLC (A)
- increasing service gap means more people who need low-cost legal aid AREN'T receiving help due to financial constraints (A) (E)
- courts & judges adjust their processes to help self-represented parties (F)
- use of committal proceedings & plea negotiations to filter out weaker cases (F)
36
time
- gathering evidence, locating + interviewing witnesses, determining what happened & deciding charges
- complicated case = longer to be ready for trial
- County Court cases take b/w 14 - 16 months to be ready for trial
- COVID-19 caused a backlog of cases waiting to be heard
37
measures to address delays
- use of plea negotiations; early guilty plea (F)
- during COVID-19, the Victorian Government introduced judge-alone trials (if the accused consented) (F) (A)
- investment in digital technology allows for
remote hearings (A) (E)
38
cultural differences for First Nations People
- **Language barriers** - Some words used by Indigenous
people have diff meanings
- **Direct questioning** - Polite to settle group
agreement thru discussion & storytelling
- **Body language** - Direct eye contact is disrespectful
- **Cultural taboos** - Taboo to mention names of
deceased peoples, or gender-based knowledge
- **Lack of understanding of court proceedings**
39
cultural differences for cultural/language barriers
- Many Australians have diff first language that ISN'T English
- Affects understanding documents, following court procedures & legal terminology
- Victims may struggle to understand their rights or questions asked
- Right to have the assistance of an interpreter if they CANNOT understand or speak English (E)
40
measures to address cultural difference
- Koori Court limits difficulties faced by First Nations people (E) (A)
- Free interpreters help accused understand the processes (E)
- Access to an interpreter vary from court to court (A) (E)
- Info provided both online & in-person from VLA & CLCs are provided in many diff languages (A) (E)
41
Key personnel
- Judge/Magistrate
- Jury
- Parties
42
Judge/Magistrate & their roles
appointed to conduct trials and resolve legal disputes in court
- act impartially
- manage the trial or hearing
- decide or oversee the outcome of the case
- sentence an offender
43
Act impartially
- **NOT be biased**
- in the case they CANNOT be impartial, they should **remove** themselves to avoid unfairness
44
Manage the trial or hearing
- **control** & **supervise** the case
- ensure **correct court procedure** is followed (make decisions or adjust trial process to ensure EQUALITY)
45
Decide or oversee the outcome of the case
- **Magistrate decide verdict** (listen to evidence, decide on guilt & refer them for sentencing)
- **Judge assist jury** to understand their role & facts of the case to make an educated decision
46
Sentence an offender
- if accused pleads or found guilty —> **plea hearing**
- judge or magistrate then hands down **sentence**
- judges hear from offender & victims before deciding on sanction
47
Strengths of judge and magistrate
- impartial - cannot overly interfere in trial or help either party to argue (no disadvantage or advantage)
- assist self-represented accused & adjust trial processes to help vulnerable people
48
Weaknesses of judge and magistrate
- Lack of diversity - may impact how comfortable accused feels & confidence in the administration of justice
- CAN'T overly interfere even tho they're one of the most experienced people in the room
49
Jury & their roles
12 members of the public listen, decide the facts & deliver the verdict
- be objective
- listen to & rmb evidence
- understand directions and summing up
- deliver a verdict
50
Be objective
- **Open-minded** & **unbiased**
- NO preconceived notions or any **connections**
- Decided solely on **facts presented**
51
Listen to and remember the evidence
- **Jurors can take notes** to help them rmb
- **Must NOT conduct any research** (can cause bias & create UNFAIR trial)
- If jurors breach their obligations then the **jury may be discharged**
52
Understand directions and summing up
- Judge **delivers a summary** of what has been brought up in the courtroom
- **Jury directions** may be given throughout the trial to clarify any confusing points or language
53
Deliver a verdict
- Jury **deliberate** & form a decision on accused's guilt
- Deliberations are **confidential** + verdict **DOESN'T require reason**
- Jury aims for **unanimous verdict** (majority verdict accepted except for murder, treason or other certain drug offences)
54
Strengths of a jury
- Randomly picked, no connection to parties & make decision based on facts – NOT on biases (F)
- Represent cross-section of community – their decision reflects values of society (E)
55
Weaknesses of a jury
- Unconscious bias & no reason for decision so there is no way of knowing if bias played a role in decision-making (F)
- Some CANNOT participate b/c uneligible, excused or disqualified so section of community is possibly NOT represented (E)
56
Parties & their roles
prosecution + accused must always comply with the rules of the court & orders of the judge
- dislose info to the accused
- participate in the trial or hearing
- make submissions about sentencing
57
Disclose information to the accused (Prosecution)
- **All relevant matters** (evidence & materials)
- **Relevant convictions of prosecution witnesses** (assist accused cross-examining the witness to disprove credibility)
58
Participate in the trial or hearing (Prosecution)
- **Present their case**: present **opening address**, present **evidence**, **cross-examine** the witnesses & make **closing address**
59
Make submissions about sentencing (Prosecution)
- **Inform the court about laws** that apply during sentencing
- Relevant info about **offence or the offender**
60
Participate in the trial or hearing (Accused)
- Choice to **fully participate** or **remain silent**
- If they choose to present a defence: present **opening address**, present **evidence**, **call witnesses**, **cross-examine** the witnesses & make **closing address**
61
Make submissions about sentencing (Accused)
- Aim: obtain **least possible sentence** available
- Provide **factors about their life** or the **offence** that could lessen the sentence
62
Strengths of parties
63
Weaknesses of parties
