area 3 Flashcards
jury system
Fairness strengths jury
-independent of all parties to a case
-randomly selected from community and have no connection to the victim, accused or witnesses.
-Cannot seek additional information about the case beyond the courtroom. They should, therefore, be completely impartial which promotes fairness
-In a jury trial, a diverse group of community members serves as the decision-makers, ensuring that the accused feels their case has been judged by their peers. This leads to a fair and just outcome that reflects the broader views and values of the community.
-diverse group of community members serves as the decision-makers, ensuring that the accused feels their case has been judged by their peers. This leads to a fair and just outcome that reflects the broader views and values of the community.
Limits fairness jury
-do not provide reasons for their decisions and therefore is no certainty they have applied the law to the facts correctly. This could be unfair for the accused persons and victims of crime
-use of juries can create delays, which can be unfair on an accused and victims of crime as they may feel stress involved in the criminal trial, and could result in witness evidence being forgotten, or physical evidence being misplaced or deteriorating, therefore making this evidence unreliable
limits equality jury
-Accused persons charged with summary offences, or indictable offences heard summarily do not have opportunity for their case to be heard and determined by a jury
-every human has past experiences, prejudices and biases that are unavoidable even when a person is explicitly told to ignore them. Therefore no jury is truly impartial, which may result in an unequal decision if an accused person if found guilty on the basis of jurors’ subconscious biases, rather than the evidence and facts presented in court.
Equality strengths jury
-All accused persons charged with an indictable offence and pleading not guilty will have the same opportunity for a jury trial, with the cost covered by the courts, not the accused. This ensures equality regardless of socioeconomic status.
access strengths jury
“Following judges’ directions gives jurors greater access to courtroom processes and legal details, leading to improved understanding and engagement with the criminal justice system, resulting in more informed verdicts.”
-all accused persons charged with an indictable offence are able to access a trial by jury
-jury trials enable members of the community to be involved in criminal proceedings and engage in the delivery of justice
access limits jury
-Time is consumed at various stages of the trial, including jury selection, resolution of legal issues, and longer jury deliberations. Mistrials or hung juries result in retrials that consume more court time. Additionally, few criminal matters are tried by a jury, as most are resolved in the Magistrate’s Court. This means relatively few accused persons have access to a jury trial.
balance between institutional powers and individual rights
The freedom of individuals is important in society, however, police also need the power to prevent, investigate and prosecute crime. The balance between institutional powers and individual rights can be examined through the stages of a criminal case, such as arrest. One institutional power during arrest is that the police are allowed to use reasonable force to arrest someone. This is balanced with the individual rights that a person must be informed at the time they were arrested why they are being arrested
role of vic courts determine criminal case
-Determining a criminal case involves deciding the accused’s guilt. The Magistrates court hears summary offences, while the County or Supreme courts handle indictable offences. The court hierarchy provides specialization and expertise in certain cases, managing the case and setting timelines. Certain Victorian courts can hear appeals following a guilty verdict.
impose a sanction vic courts
-after offender is found guilty court sets date for a plea hearing
-both parties make submissions about facts of the case and any other relevant factors that are taken into account in sentencing
-following plea hearing judge or magistrate hands down a sanction
sanctions define
a sanction is a legal penalty imposed by a judge, magistrate, or other authorized body in a criminal case where the accused pleads guilty, or is found guilty for a crime.
imprisonment define
-deprivation of a persons liberty by removing the offender from the community.
-last resort punishment as it is the most severe available to courts
imprisonment - punishment strengths
-offender is placed in a harsh environment where their liberty and movement is restricted
-offender loses most of their contact with friends and family
-often lose their employment and therefore any income while in prison
deterrence strengths prison
prisons harsh environment is likely to discourage offenders and members of the community from reoffending/committing a similar offence out of fear of receiving a similar sentence
deterrence limits prison
-in reality prison is not extremely effective deterrent as in Vic the rate of recidivism is high
approx 43.6% reoffending within two years
protection limits prison
many prisoners who are released will reoffend. Therefore long-term community protection may be limited if the offender is not rehabilitated in prison
