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Legal > Area Of Study 2b - Criminal Law > Flashcards

Area Of Study 2b - Criminal Law Flashcards

1
Q

How is the role of police performed

A

The police will :

  • examine scene of crime
  • interview witnesses
  • seek out clues
  • find forensic and other evidence
  • question suspects
  • when suspect found, lay charges
  • take accused to court to be prosecuted.
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2
Q

Summons

A

A document informing the accused which court will deal with their criminal case and the mention date.

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3
Q

When can a suspect be arrested w/o warrant

A

If police reasonably believe :

  • commuting serious indictable offence (punishable 5+ years)
  • has committed an indictable offence previously in Victoria or elsewhere
  • escaped from legal custody
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4
Q

Procedure of being arrested

A
  1. Tell suspect they are under arrest, and depending on circumstances, touch suspect to indicate clearly they are detained.
  2. Give reason for arrest unless suspect makes impossible
  3. Caution the suspect anything they say can be used as evidence.
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5
Q

Define pat down search

A

When police use their hands to determine whether items are concealed in police. Can ask to remove outerwear.

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6
Q

Nail

A

Procedure that enables accused people to be released from legal custody after being charged, awaiting their hearing or trial. The release of an accused person from legal custody with the understanding they will appear at hearing/trial.

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7
Q

When bail can be refused

A
  • charged with murder or treason
  • charged with drug trafficking of commercial quantities
  • already in custody for another trial
  • proposes threat to society
  • stalking or family violence crime or similar committed again within 10 years.
  • indictable offence while awaiting trial
  • aggravated burglary
  • arson causing death
  • drug offences
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8
Q

Role of police

A

To preserve the peace within the community. In order to do this police need to

  • maximise the protection of life and property
  • enhance, develop and maintain efficient and effective police services.
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9
Q

What is a committal procedure

A

A pre trial procedure used in an indictable offence heard in the magistrates court The prosecution must establish a prima facie and assure there is sufficient evidence against the accused to gain the conviction.

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10
Q

What are the four courts that are considered to be federal ? (in order)

A
  1. High court of Australia
  2. Federal court (on same level)
  3. Family court (on same level)
  4. federal magistrates service
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11
Q

What are the six courts in Victoria? (in order)

A
  1. Supreme Court (court of appeal
  2. Supreme Court (trial division)
  3. County Court
  4. Coroner’s Court (on same level)
  5. Magistrates Court (on same level)
  6. Children’s Court (on same level)
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12
Q

Give reasons for the Australian Court Hierarchy

A
  1. Appeals
  2. Precedent
  3. Original Jurisdiction
  4. Appelate Jurisdiction
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13
Q

What is the original Jurisdiction of the Magistrates Court ?

A
  • summary offences
  • indictable offences heard summarily
  • committal proceedings
  • bail application
  • issuing warrants
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14
Q

Is there any appellate jurisdiction in magistrates court, if so what are they ?

A

NO APPEALTE JURISDICTION IN MAGISTRATES COURT

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15
Q

What is the original jurisdiction in Children’s Court

A

hearing trials of children between 10-18

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16
Q

is there an appellate jurisdiction in the children court, if so what are they ?

A

NO APPELLATE JURISDICTION IN CHILDRENS COURT

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17
Q

What is the original jurisdiction in coroners court ?

A

investigation of death and fires

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18
Q

is there any appellate jurisdiction in coroners court, if so what are they ?

A

NO APPELLATE JURISDICTION IN CORONERS COURT

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19
Q

what is the original jurisdiction in the county court ?

A

Indictable offences except murder, attempted murder, certain conspiracies and corporate offences

20
Q

is there any appellate jurisdiction in county court, if so what are they ?

A

yes, from magistrates court against a conviction/sentence

21
Q

What is the original jurisdiction of supreme court, trial division ?

A

serious indictable offences - mainly murder

22
Q

is there any appellate jurisdiction in supreme court, trial division, if so what are they ?

A

on points of law from magistrates court also from tribunals such as VCAT

23
Q

is there any appellate jurisdiction in summer court, court of appeal, if so what are they ?

A

with leave- on a point of law, conviction severity or leniency of sanction from single judge county /supreme

24
Q

what is the original jurisdiction of high court?

A

federal law matters

25
Q

what is the original jurisdiction of the full court of the high court ?

A

special leave for appeal applications

26
Q

what is the appellate jurisdiction of the full court of high court ?

A

appeals against decision of the supreme court of states and territories and federal court appeals from high court in original jurisdiction.

27
Q

what is the role of judge/magistrate ?

A

their role is to conduct trials and ensure the rules of evidence and procedure are followed and in some cases asks witnesses questions.
Decide on sanction in a criminal case of remedy in civl case.

28
Q

what is the role of the prosecutor ?

A

brings matter to the court while working under the guidance of the director of public prosecutions.

29
Q

what is the role of The accused council?

A

a barrister acting for the accused providing factual information

30
Q

What is the role of the bench clerk?

A

Works in the magistrates court and the children court. Their role is to announce the cases and call people into court. They help the magistrate draw up paperwork, swears in witnesses and direct people where to stand.

31
Q

What is the role of the Judges associate ?

A

Their role is to perform various administrative and court duties to assist the judge, such as completing paperwork and keeping a record of proceedings.

32
Q

Registrar

A

The manager/ administrative of the court. A registrar or deputy will assist people at a court counter.

33
Q

Tipstaff

A

announces that the court is in session and administers oaths or affirmations to witnesses in the county/supreme court. Their role is to also look after the jury, escorting them to and from the jury room.

34
Q

Duty Solicitor

A

Gives legal advice on the law and personal rights. If the matter goes to court the solicitor will accompany on behalf of the client or will instruct a barrister to appear.

35
Q

Prothonotary

A

The chief clerical ad administrative officer in the supreme court. The prothonotary office is a place where court documents are filed, searches of court files are conducted and court fees placed.

36
Q

Role of the jury

A

Used in the county or supreme court to listen to all factual evidence and produce of verdict of guilty or not guilty.

37
Q

In order to form a decision how many jurors must side ?

A

unanimous decision of 12 or 11 after 6 hours of deliberation in cases other than murder, treason, trafficking of cultivating of drugs at a commercial quantity.

38
Q

list advantages of jury

A
  1. provides a system of trial by peers
  2. provides opportunity for community to be involved
  3. reflects community values
  4. spreads responsibility
39
Q

list disadvantages of jury

A
  1. not a true cross section
  2. difficult for jurors to understand complexity
  3. jurors can be persuaded by barrister
  4. influenced by media
  5. personal biases
  6. may not follow the law
40
Q

List the key features of the adversary system

A
  1. role of the judge
  2. role of legal representatives
  3. role of parties/party control
  4. rules and evidence of procedure
  5. burden and standard of proof
41
Q

What is the role of the judge in the adversary system ?

A

to act as an independent party and listen to evidence and make a decision if there is no jury. Ensuring both parties follow rules

42
Q

What is the role of legal representation in adversary system ?

A

is to ensure both parties are equally represented

43
Q

what is the role of the parties/ party control in the adversary system ?

A
  1. control what evidence is presented
  2. which witnesses to call
  3. whether to have legal representation
  4. mode of trial
44
Q

what is the rules and evidence of procedure in the adversary system ?

A

to ensure all parties are treated equally and that indirect, or opinion evidence is inadmissible

45
Q

what is the burden and standard of proof in the adversary system ?

A
  • prosecution or person bringing the action holds the burden of proof.
  • standard of proof in criminal case is that the judge/jury must find the accused guilty beyond reasonable doubt.

Legal (6 decks)

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