Criminal law part.2 Flashcards
Define Jurisdiction
the legal authority of a court to decide legal cases
Define original jurisdiction
the power of a court to hear cases for the first time
Define Appellate Jurisdiction
the power of court to hear a case on appeal
-not a ‘‘re-hearing’’
-no jury
What are 2 examples of specialisation
Magistrates cour:
-hears summary offences + Indic. heard summarily -> matters need to be dealt with quickly and efficiently
-committal proceedings
-can hear warrants and bail
County Court:
-hears indictable offences - not homicide generally eg. robbery
-judge develop expertise in those matters including elements of each crime and jury matters
-jusge hears appeals from the magistrate on leniency and severity of sentencing/ conviction
What are 2 examples of appeals
County court:
-from magistrates art on conviction o sentence
Supreme Court (trail division)
-from magistrate on point of law
What are 2 strengths of a court hierarchy
-allows courts to specialise in different trim. matters -> allows more efficient process/ resources based on case (eg. magi= summary)
- existence of C.H allows appeals made by both parties if error in original decision
What are 2 weaknesses of a court hierarchy
- different courts can be confusing to ppl who don’t know crime process. esp. ppl charged of Indic. -> case involves both magi and a higher court
-not allow for an auto. right to appeal -> most offenders = establish grounds for appeal. Restrict ability to access appeal system -> particularly self-representing ppl, may struggle with formulation for a grounds to an appeal
What is the role of the judge and 3 other specific roles
Is to act as a referee, to oversee the case to make sure that court procedures are followed and that the parties are treated fairly.
-Act impartially: should be unbiased, cannot be invested in the outcome of the case, shouldn’t have apprehended biases- not bringing an impartial mind
-Manage trial: court procedures are followed by both parties and have the same opportunity to present their case, det. admissibility of evidence
-Sentencing the offender: if found guilty by jury/ plead guilty- parties will submit for sentencing, follow the sentencing act 1991 (vic)- legislation, must factor in aggravating, mitigating + V.I.S = ensure fairness through protocol
What are 2 strengths of the judge
-impartial umpire- oversee trial w/o overly interfering, so no party is advantaged or disadvantaged
- judges= manage the hearing processes ensuring that rules of evidence and procedure are followed, both parties have the same opportunity to present their case
What are 2 weaknesses of the judge
-Judges are human so there is a risk that they will have actual or apprehended bias that impacts their decision making eg. when fatigued
- can’t overly interfere with the case including those who are self-representing , even though the judge is the most experienced in the room
What is the role of the jury and 3 other specific roles
jury members must be impartial and base their decision on the evidence presented whilst applying the law in an independent manner
-Be objective: put any prejudices aside, have no connection with the case
- Listen and remember evidence: can take notes, concentrate on info, not conduct personal research or own investigation
-Deliver a verdict: deliberate and participate with the other jurors , form an opinion/ verdict, reach unanimous verdict for murder, treason, man. verdict for other indictable offences
What are 2 strengths of the jury
- Jury is randomly picked, no connection to the parties, make decisions on facts, not biases
-Juries represent a cross-section of the community, made of a diverse group, which can lead to the decision reflecting the values of society
What are 2 weaknesses of the jury
-Jury members may have unconscious biases/ prejudices, they don’t have to give a reason for their decisions= no way of knowing if bias played a role in decision
-Jury trials may have further delays as rules, evidence and processes needed to be explained to the jury, and a jury may require some time to deliberate
What is the role of the prosecution
Is to represent the state (vic) and bring the accused to court to answer for their crime and seek justice for the victim/s
-Participate in the trial: presenting an opening address outline charges and the issues and the evidence that will be presented/ closing address, presenting evidence that supports their case incl. examination chief, lay witness, expert witness, cross examination
- Submissions regarding sentencing: inform court about any relevant matters about offence or the offender relevant to sentencing
What is the role of the accused-
Is to present their ‘side’ of the case with support from their legal represntation
- Participate in trail: remain silent, do not have to say anything, present defence, opening address, present evidence and support statements to support themselves, cross-examination
- Make submissions regarding sentencing: once guilty offender= entitled to make submissions about sentencing, present rel. evi aiming to get a lighter sentence
What are 2 strengths of the parties
-both parties have the opportunity to present their case
-accused has no obligation to present evidence or do anything
What are 2 weaknesses of the parties
- process involved are complex, difficult to understand without a lawyer
- Party control, right to silence may mean that the truth doesn’t come out, may feel unjust for victims and their families
Define Barrister
these are lawyers that are specifically trained to present the case at trial. They will stand up and address the judge/ jury, present evi, outline the facts of the case and examine witnesses
Define Soliciter
These are lawyers involved in preparing the case, they will locate documents, liaise with police, obtain copies of evi, prepare witness for trial, provide the barrister w instructions for trial.
-tend to be first lawyer that Indiv. may see for evidence, much of their work is ‘desk based’ rather than the courtroom
What legislation protects a court order for legal representation
Criminal Procedures Act (2009)
