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legal studies 3/4 > 4 the principles of justice in a criminal case > Flashcards

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

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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
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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)
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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
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5
Q

Free legal advice

A

Advice is provided in person, by video conference or over the phone

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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.
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7
Q

Grants of legal assistance

A
  • Legal advice
  • Helping the accused resolve matters in dispute
  • Preparing legal documents
  • Representing the accused in court
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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
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9
Q

generalist CLC

A

CLC that provides a broad range of legal services to people in a particular geographical area

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10
Q

specialist CLC

A

CLC that focuses on a particular group of people or area of law

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11
Q

Role of CLCs

A
  • Basic legal information
  • Initial legal advice
  • Duty lawyer assistance
  • Legal casework
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12
Q

Basic legal information

A

CLCs provide basic legal information on a day-to-day basis

  • Some info online
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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
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14
Q

Duty lawyer assistance

A

Duty lawyers provide advice or representation for urgent matters that will be completed in one day

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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
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16
Q

THE PURPOSES OF COMMITTAL
PROCEEDINGS

A
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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)

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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
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19
Q

Appropriateness of plea negotiations

A
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20
Q

Strengths of plea negotiations

A
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21
Q

Weaknesses of plea negotiations

A
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22
Q

Jurisdiction

A

lawful authority of a dispute resolution body to decide legal cases

  • original jurisdiction
  • appellate jurisdiction
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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
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24
Q

Reasons for a Court Hierarchy

A
  • Specialisation of courts
  • Appeals
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25
Q

Specialisation of courts

A

areas of expertise that courts develop and that the personnel have expert knowledge in

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26
Q

Appeals

A

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
Q

Responsibilities of the legal practitioners

A
  • Be prepared
  • Comply with their duty to the court
  • Act in the best interests of their client
  • Other responsibilities
28
Q

why do we need legal practitioners?

A

any person should have an adequate opportunity to test the evidence put against them

29
Q

reasons why we need lawyers

A
  • 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
Q

court order for legal representation

A

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
Q

strengths of legal practitioners

A
  • 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
Q

weaknesses in legal practitioners

A
  • 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
Q

factors that impact PoJs

A
  • cost (e.g. legal rep)
  • time (e.g. court delays)
  • cultural differences (e.g. culture or language barriers)
34
Q

costs

A
  • 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
Q

measures to address costs

A
  • 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
Q

time

A
  • 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
Q

measures to address delays

A
  • 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
Q

cultural differences for First Nations People

A
  • 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
Q

cultural differences for cultural/language barriers

A
  • 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
Q

measures to address cultural difference

A
  • 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
Q

Key personnel

A
  • Judge/Magistrate
  • Jury
  • Parties
42
Q

Judge/Magistrate & their roles

A

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
Q

Act impartially

A
  • NOT be biased
  • in the case they CANNOT be impartial, they should remove themselves to avoid unfairness
44
Q

Manage the trial or hearing

A
  • control & supervise the case
  • ensure correct court procedure is followed (make decisions or adjust trial process to ensure EQUALITY)
45
Q

Decide or oversee the outcome of the case

A
  • 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
Q

Sentence an offender

A
  • 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
Q

Strengths of judge and magistrate

A
  • 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
Q

Weaknesses of judge and magistrate

A
  • 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
Q

Jury & their roles

A

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
Q

Be objective

A
  • Open-minded & unbiased
  • NO preconceived notions or any connections
  • Decided solely on facts presented
51
Q

Listen to and remember the evidence

A
  • 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
Q

Understand directions and summing up

A
  • 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
Q

Deliver a verdict

A
  • 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
Q

Strengths of a jury

A
  • 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
Q

Weaknesses of a jury

A
  • 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
Q

Parties & their roles

A

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
Q

Disclose information to the accused (Prosecution)

A
  • All relevant matters (evidence & materials)
  • Relevant convictions of prosecution witnesses (assist accused cross-examining the witness to disprove credibility)
58
Q

Participate in the trial or hearing (Prosecution)

A
  • Present their case: present opening address, present evidence, cross-examine the witnesses & make closing address
59
Q

Make submissions about sentencing (Prosecution)

A
  • Inform the court about laws that apply during sentencing
  • Relevant info about offence or the offender
60
Q

Participate in the trial or hearing (Accused)

A
  • 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
Q

Make submissions about sentencing (Accused)

A
  • Aim: obtain least possible sentence available
  • Provide factors about their life or the offence that could lessen the sentence
62
Q

Strengths of parties

A
63
Q

Weaknesses of parties

A

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