Criminal Trial Process Flashcards
what is the definition of jurisdiction
the power of the court, depending on geography, type of matter and type of remedy
what is the adversarial system of trial?
a system that relies on the skill of representatives who present to an impartial decision maker
magistrate?
presides over hearings in the Local Court, summary proceedings (criminal law), pass sentences
judge?
presides over superior and intermediate courts, oversee proceedings, instruct the jury, hand down sentences and rulings
police prosecutor?
NSW police officer trained in prosecution, usually prosecutes summary offences
DPP?
director of public prosecutions, for indictable and some summary offences, independent authority which prosecutes on behalf of the NSW government
public defenders
legal aid representatives
solicitor
presents briefs for barristers, advises on defences
barrister
specialists in their field, deal with criminal law
what are the plea discounts?
25% if you plead guilty
10% if you plead guilty 14 days before trial
5% in any other circumstance
what do early plea discounts provide an incentive for?
for defendants to plea guilty earlier in the court trial process to reduce victim stress and court delays
what happens at mandatory case conferencing?
prosecutor and defence discuss case at a meeting to resolve disputes and provide an opportunity for a guilty plea
is there an absolute right to legal representation in Australia?
no
what is the purpose of legal aid?
to provide legal assistance and representation for those socioeconomically disadvantaged
does legal aid provide representation for the local court?
only if there is a chance of them being sentenced to imprisonment
what test must applicants do in order to demonstrate that they are eligible for legal aid?
the means and merit test
what is the means test? (legal aid)
accused’s income + assets
what is the merit test (legal aid)
a measure of the likelihood of success
what are the two (kinda three) partial defences to criminal charges?
provocation, substantial impairment and self-defence(only if it is excessive)
what is the automatism defence?
complete, accused claims to not have been in control of their actions and it was involuntary
what is the duress defence?
that the accused committed the offence against their own free will- the pressure must be on their life or someone else’s (it is not applicable in murder trials)
what is the substantial impairment defence?
that the accused is suffering an abnormality of mind that caused them to commit the offence
who is the burden of proof on for a mental insanity defence?
the accused
who is the burden of proof (onus) on for an automatism defence?
the prosecution, they must show that it was voluntary
who is the burden of proof on for a mistake defence?
on the accused
who is the burden of proof on for a self-defence defence?
the prosecution
who is the burden of proof on for a duress defence?
the plaintiff as duress cannot be used in murder trials
who is the burden of proof on for a consent defence?
the prosecution
who is the burden of proof on for a provocation defence?
the prosecution
who is the burden of proof on for a substantial impairment defence?
the accused
what is the role of the jury?
apply the law as directed by the judge, deliver a verdict (guilt/innocence?
what is a jury
a panel of citizens selected at random from the electoral role whose job is to determine the guilt or innocence of an accused beyond reasonable doubt
what is a jury unable to reach a verdict called?
hung jury
what is a peremptory challenge to a juror?
a juror is rejected without needing a specific reason (e.g. based on name and appearance)
how many peremptory challenges are available to the defence and prosecution?
3 each
what is a challenge for cause?
a legal team rejects a juror because they believe the juror will be prejudiced
who is eligible for jury duty
over 18, AUS citizen, on the electoral roll
who cannot be eligible for jury duty
legal profession, emergency response people, over 65, current police officers, non-english speakers, disabled, convicted offenders
what are juries meant to represent?
a cross section of the Australian community
when can a majority verdict be returned?
the jurors have deliberated for a period of time(minimum 8 hours) and the court considers reasonable having regard to the nature and complexity of the criminal proceedings
when can a majority verdict be returned? (pt 2)
the court is satisfied that it is unlikely that jurors will reach an unanimous verdict after further deliberation
what do majority verdicts allow?
a majority of 11/12 or 10/12 jurors to reach a verdict
