Determining a Criminal Case Flashcards
The Judge
The judge is one of the main and central figures in a criminal trial. It is their responsibility to remain impartial at all times and ensure that all court procedures are carried out in accordance with court rules. The judge must not favour any side, establish fairness between both parties and have no previous or current connections with the prosecution or accused
Responsibilities of the Judge
- Managing the trial
- Decide on admissibility
- Attend to jury matters
- Give direction to the jury and sum up the case
- Be familiar with terminology
The Jury
Dating back to well before the Magna Carter in England, it became a fundamental right that no free man was to be imprisoned ‘but by the lawful judgement of his peers… and the law of the land.’ The jury system allows for community participation in legal processes and for law to be carried out according to community standards. A jury is not used for sentencing but rather to decide facts
Responsibilities of the Jury
- Be objective
- Deliver a verdict
- Understanding directions
- Listen and remember evidence
The Parties
In a criminal trial there are two parties, the prosecution and accused. The prosecution is the party bringing a criminal case to court while the accused is a person who has been charged with a criminal offence
Responsibilities of the Parties
- Give an opening address
- Assist the judge in jury matters
- Make submissions about sentencing
- Attend trial
The Legal Practitioners
Legal practitioners, on behalf of the parties, undertake the role of preparing and conducting a case. In a criminal trial, prosecutors are legal practitioners. Their most important duty is the duty to the court and the administration of justice
Responsibilities of the Legal Practitioners
- Be prepared
- Comply with their duty to court
- Present their case in the best possible light
- Care for vulnerable accused
Plea Negotiations
Pre-trial discussions that take place between the prosecution and the accused, aimed at resolving that case by agreeing upon an outcome criminal charges laid
- They can take place in relation to indictable or summary offences
- They usually begin when the accused (or their lawyer) indicates to the prosecution that they are willing to discuss charges
- Offers made by either party cannot be used against them if negations are not successful
- The agreement reached may be that the accused pleads guilty to fewer charges with remaining charges not proceeding or that the accused pleads guilty to a lesser charge
- Plea negations can happen at any stage
- Plea negotiations do not determine the sentence
Purpose of Plea Negotiations
The fundamental purpose of plea negotiations is to reach an agreement in which will expedite court proceedings. This generally involves the defendant pleading guilty or no contest to charges in exchange for concession
- To resolve a criminal case by ensuring a plea of guilty change that adequately reflects the crime committed
- To achieve a prompt resolution to a criminal case without the cost, time, stress, trauma and inconvenience of a criminal trial
Types of concessions that may be granted
- Dismissal of charges
- Reduction in the severity of chargers
- Prosecutor recommendation of a particular sentence
- Other benefit for the defendant
How do plea negotiations uphold the principles of justice?
Most prominently plea negotiations provides access as they may mean a trial is avoided all together freeing up court resources which may relieve case backlogs
Sentence Indications
Sentence indications are formal statements made by the judge to an accused informing them of the possible sentence they may face if they were to plead guilty
Sentence Indications for Indictable Offences
Sentence indications are formal statements made by the judge to an accused informing them of the possible sentence they may face if they were to plead guilty. In the County and Supreme Courts of Victoria an accused must apply for a sentence indication along with the approval from the prosecution party. The court can refuse the application if they feel there is insufficient information referring to the case. If the court demonstrates they are not likely to impose immediate imprisonment on the accused and at the first given opportunity to plead guilty, then they must not impose a sentence of that nature
Sentence Indications for Summary Offences
The Criminal Procedure Act states that at any time during a proceeding, the Magistrates’ Court may indicate that, if the accused pleads guilty to the charge for the offence at that time, the court would be likely to impose an immediate term of imprisonment, or a sentence of a specified type. If the accused pleads guilty at first given opportunity the court must not impose a more severe sentence