Criminal Trial Process

Question 1

what is the definition of jurisdiction

Answer 1

the power of the court, depending on geography, type of matter and type of remedy

Question 2

what is the adversarial system of trial?

Answer 2

a system that relies on the skill of representatives who present to an impartial decision maker

Question 3

magistrate?

Answer 3

presides over hearings in the Local Court, summary proceedings (criminal law), pass sentences

Question 4

judge?

Answer 4

presides over superior and intermediate courts, oversee proceedings, instruct the jury, hand down sentences and rulings

Question 5

police prosecutor?

Answer 5

NSW police officer trained in prosecution, usually prosecutes summary offences

Question 6

DPP?

Answer 6

director of public prosecutions, for indictable and some summary offences, independent authority which prosecutes on behalf of the NSW government

Question 7

public defenders

Answer 7

legal aid representatives

Question 8

solicitor

Answer 8

presents briefs for barristers, advises on defences

Question 9

barrister

Answer 9

specialists in their field, deal with criminal law

Question 10

what are the plea discounts?

Answer 10

25% if you plead guilty
10% if you plead guilty 14 days before trial
5% in any other circumstance

Question 11

what do early plea discounts provide an incentive for?

Answer 11

for defendants to plea guilty earlier in the court trial process to reduce victim stress and court delays

Question 12

what happens at mandatory case conferencing?

Answer 12

prosecutor and defence discuss case at a meeting to resolve disputes and provide an opportunity for a guilty plea

Question 13

is there an absolute right to legal representation in Australia?

Answer 13

no

Question 14

what is the purpose of legal aid?

Answer 14

to provide legal assistance and representation for those socioeconomically disadvantaged

Question 15

does legal aid provide representation for the local court?

Answer 15

only if there is a chance of them being sentenced to imprisonment

Question 16

what test must applicants do in order to demonstrate that they are eligible for legal aid?

Answer 16

the means and merit test

Question 17

what is the means test? (legal aid)

Answer 17

accused’s income + assets

Question 18

what is the merit test (legal aid)

Answer 18

a measure of the likelihood of success

Question 19

what are the two (kinda three) partial defences to criminal charges?

Answer 19

provocation, substantial impairment and self-defence(only if it is excessive)

Question 20

what is the automatism defence?

Answer 20

complete, accused claims to not have been in control of their actions and it was involuntary

Question 21

what is the duress defence?

Answer 21

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)

Question 22

what is the substantial impairment defence?

Answer 22

that the accused is suffering an abnormality of mind that caused them to commit the offence

Question 23

who is the burden of proof on for a mental insanity defence?

Answer 23

the accused

Question 24

who is the burden of proof (onus) on for an automatism defence?

Answer 24

the prosecution, they must show that it was voluntary

Question 25

who is the burden of proof on for a mistake defence?

Answer 25

on the accused

Question 26

who is the burden of proof on for a self-defence defence?

Answer 26

the prosecution

Question 27

who is the burden of proof on for a duress defence?

Answer 27

the plaintiff as duress cannot be used in murder trials

Question 28

who is the burden of proof on for a consent defence?

Answer 28

the prosecution

Question 29

who is the burden of proof on for a provocation defence?

Answer 29

the prosecution

Question 30

who is the burden of proof on for a substantial impairment defence?

Answer 30

the accused

Question 31

what is the role of the jury?

Answer 31

apply the law as directed by the judge, deliver a verdict (guilt/innocence?

Question 32

what is a jury

Answer 32

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

Question 33

what is a jury unable to reach a verdict called?

Answer 33

hung jury

Question 34

what is a peremptory challenge to a juror?

Answer 34

a juror is rejected without needing a specific reason (e.g. based on name and appearance)

Question 35

how many peremptory challenges are available to the defence and prosecution?

Answer 35

3 each

Question 36

what is a challenge for cause?

Answer 36

a legal team rejects a juror because they believe the juror will be prejudiced

Question 37

who is eligible for jury duty

Answer 37

over 18, AUS citizen, on the electoral roll

Question 38

who cannot be eligible for jury duty

Answer 38

legal profession, emergency response people, over 65, current police officers, non-english speakers, disabled, convicted offenders

Question 39

what are juries meant to represent?

Answer 39

a cross section of the Australian community

Question 40

when can a majority verdict be returned?

Answer 40

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

Question 41

when can a majority verdict be returned? (pt 2)

Answer 41

the court is satisfied that it is unlikely that jurors will reach an unanimous verdict after further deliberation

Question 42

what do majority verdicts allow?

Answer 42

a majority of 11/12 or 10/12 jurors to reach a verdict