criminal trial Flashcards
NSW local court
- have original jurisdiction
- cases heard by magistrate with no jury
- 95% of all criminal matters are dealt with in the local court
coroner’s court
- investigations about unexplained deaths and fires
- different from regular court cases, which already have an accused
- the coroner’s court looks to find if anyone is responsible for the death or fire
children’s court
- hears criminal cases involving people under 18
- another section of the children’s court deals with care and child protection issues
appeals
- local court cases generally appeal to the district court
- the district court has appellate jurisdiction over the local court
district court
original jurisdiction over indictable offences - pretty much everything except sexual assault in company, murder, treason and piracy
- cases heard by a judge
- cases heard usually held with jury of 12 and can be 6
drug court
deals with offenders who are dependent on drugs and have pleaded guilty
supreme court
deals with appeals from criminal cases and usually has 3 judges
- often hears ‘stated cases’ - it doesn’t resit the whole trial, it just goes through all the documents
high court
no criminal cases go straight here, the high court only hears appeals from the CCA
- usually one judge/justice
- all decisions are final and binding on all lower courts throughout Australia
- only 6% of all cases that apply are actually allowed
adversary system of trial
when two opponent sides present and prove their case to an impartial magistrate or judge
features of adversary system
- strict rules of evidence
- presumption of innocence
- high standard of proof
- witnesses are examined orally and can only answer questions asked
- past record of the accused not examined until sentencing
pros of adversary system
- system is fairer as each party has an equal opportunity to present their case
- high standard of proof: beyond reasonable doubt
- jury is impartial as they are an outside observer of the case
cons of adversary system
- sides can be unequal due to imbalances in resources, skill or knowledge
- the judge is not in a position to request additional evidence or testimony, even if it can help achieve justice
- jury might misunderstand complex cases and evidence
Judges
Preside over court cases and make determinations in court based on the evidence presented
- act as umpires of court cases, making sure that the rules are followed and that as fair trial is carried out
- whether a case is heard by a judge or magistrate will depend on the jurisdiction of the court in which the crime will be heard
magistrate
Judicial officers who preside over hearings in the local court
Prosecutors
The prosecutor brings the action against the accused
- role is to prosecute the offender in a court of law with the intention of obtaining an appropriate form of sanction or punishment for the offence
Director of Public Prosecutions
For indictable offences and some summary offences, cases will be prosecuted by the NSW office of the Director of Public Prosecutions (DPP)
- reviews cases proposed by the police to determine if there is enough evidence to succeed
- the independence of the DPP from government is vital to ensure that cases selected for prosecution are chosen on their merits not because of political interference or public pressure
Public defenders
When an accused cannot afford to pay for a barrister or solicitor, they may be granted access to a public defender
- barristers appear in serious criminal matters for an accused who has been granted legal aid
Solicitor
A person charged with an offence will usually contact a solicitor, who will be able to give the accused advice on: the charge, the alleged offence and the procedures surrounding a trial
- common for solicitors in the local court and barristers in higher courts
Pleas
A formal statement by a defendant in response to charges against them. If a defendant fails to enter a plea, this means a plea of ‘not guilty’
Charge Negotiation
When the accused agrees with the prosecution to plead guilty to a particular charge.
- usually involving pleading guilty to a lesser charge in exchange for other higher charges being withdrawn or pleading guilty in exchange for a lesser sentence
Arguments for pleas and charge negotiation
- cost efficiency
- increases the rate of criminal convictions
- conviction on a lesser charge is better than no conviction at all
Arguments against pleas and charge negotiation
- crimes may go unpunished or the admitted crime may go insufficiently punished
- accused may plead guilty to a crime in which they’re innocent
- prosecutors may threaten more serious charges to intimidate the accused into pleading guilty to the lesser charge
Legal representation
Process of lawyers representing their clients in court and the work that the lawyers do during the proceedings
- essential to equality and fairness
- fundamental to a fair trial
- limited legal rep exists under common law established by Dietrich V The Queen (1992)
3 tests before being granted legal aid
- Means test: how much a person owns and earns
- Merits test: determining the disadvantage or harm a person may face if denied legal aid
- Jurisdiction test: “Has the state given funding for these types of criminal matters?”
Presumption of Innocence
No one is presumed guilty until the prosecution has proved the charge beyond a reasonable doubt
Burden of proof
In criminal matters, it is the responsibility of the prosecution to prove the case against the accused
Standard of proof
The level of proof required for a party to succeed in court
Physical Evidence
Real evidence which can be presented to the jurors in a trial. E.g tape recordings, photographs, fingerprints, DNA test results and exhibits
Documentary Evidence
May involve original documents gathered during the investigation e.g witnesses
Witnesses
Anyone who witnessed or was interviewed by police may be subpoenaed to appear later in court. According to the Evidence Act 1995 (NSW) witnesses must be: competent (truthful) and compellable (forced to answer questions)
Defences to criminal charges
Reasons/excuses for committing the crime.
- defences involve consideration of mens rea, the intention or knowledge of wrongdoing that constitutes part of the crime
Complete defences
- mental illness
- self defence
- necessity
- duress
- consent
- automatism
Partial defences
- provocation
- substantial impairment of responsibility
Juries
- panel of 12 citizens, selected at random whose job is to determine the guilt or innocence of the accused based on the evidence presented to them at trial. Their decision is called a verdict
- task with enormous responsibility
