Chap. 3 Flashcards
Judge
To give suitable sentence if defendant is proven guilty.
Adressed as ‘Your Honour’
Needs to make sure that the jury understands the evidence.
Listens to both sides without showing biasness.
Jury.
Consists of 12 members.
Responsible for deciding whether defendant is guilty or innocent.
Prosecutor
Try to convince the jury that the accused/defendant is guilty
Defense Attorney
To prove that the accused is innocent, providing evidence
List the higher courts.
Supreme and County
list the lower courts
VCAT
Childrens Court
Magistrates Court.
What is the Presumption of Innocence
A belief that the accused should always be innocent until PROVEN guilty and not be presumed as guilty before the case.
What are 2 advantages of the Presumption of Innocence
Without it, police could charge anyone they wanted.
It is far better to let one or two guilty people go then lock up innocents
What are two disadvantages of the Presumption of Innocence.
There is an easier chance of criminals avoiding consequences and we cant let EVERY accused person clog up our courts
When can a judge question a witness.
Anytime but usually after prosecution and defence rests