Case Study Flashcards
What is the presumption of innocence?
It means all accused people who appear before court in Australia are presumed to be innocent until the prosecution proves they are guilty
What is bail?
It is the promise that an accused person makes to appear in court at a later date.
What are some advantages of the presumption of innocence?
The prosecution must prove that the person has actually committed the crime.
Without presumption, the police would arrest you from your own suspicions
What are some disadvantages of the presumption of innocence?
It fills up the courts and is a waste of time and money
The accused may escape and commit another crime or hide until next trial
What is a fair trial?
A trial held before a competent, independent and unbiased court recognised by law.
What are some main elements of a fair trial?
Right to legal representation - everyone has the right to be represented by a lawyer
Both sides have a role - both sides present their cases and are treated equally
Independent judge - the judge has no direct involvement in questioning witnesses or deciding how both sides present their arguments
About the jury
There are 12 jurors. They decide whether the accused is guilty, and they all must agree.
About the defence attorney
Tries to lessen the punishment. Represents the accused. Tries to convince judge that client is innocent
About the judge
Listens to the arguments from the prosecutor and the defence attorney. Addressed as ‘Your Honour.’ Judge decides sentence if jury thinks accused is guilty. Makes sure that the jury understands the evidence.
Main courtroom officials
Judge Jury Prosecutor Accused/ defendant Defence attorney/ concil
