Chapter 3 - The Legal System Flashcards
List the main courtroom officials in a serious criminal trial.
The magistrate or judge, jurors, a prosector, and counsel for the defence.
How many jurors are there for a criminal trial?
12
What is the jury’s responsibility in a criminal trial?
The listen to the arguments, and they agree whether the accused is guilty.
What are the two ‘high courts’ in Victoria?
Supreme Court of Victoria, County Court of Victoria
What is the main ‘low court’ in Victoria?
Magistrate’s Court of Victoria
What is the ‘presumption of innocence’?
A belief that the accused people in a court are presumed to be innocent until proven guilty.
List 2 advantages of the presumption of innocence.
Without the presumption of innocence, the police could arrest anyone out of suspicion.
It is better to let one or two guilty people go free than to lock up innocent people. This decision protects us more.
List 2 disadvantages of the presumption of innocence.
Every accused person clogs up our courts and gives legal people too much work. It is a loss of time and money.
The accused could go into hiding or commit another crime before the trial.
What is ‘beyond reasonable doubt’?
The jury must be absolutely certain that the accused is guilty.
What is ‘bail’?
A person charged with a non-serious criminal offence may be granted bail. This means they are allowed to go free until their trial.
What are 4 things that contributes to 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.
Judge and Jury have no prior knowledge of the case - The judge and jury should not know anything about the case until the evidence and arguments are presented.
What is the role of the judge in a court case?
They listen to the arguments and makes sure that the jury understand the evidence and arguments presented, and if the accused is guilty, the judge decides the sentence.
