factor that affect criminal justice and reforms

Question 1

costs that an accused may face

Answer 1

solicitors/barristers fees, witness fees, appeal fees

Question 2

impact of cost on access (x2)

Answer 2

1. hight cost of appeals may discourage some from appealing

2. those who cannot afford legal representation cannot understand their rights

Question 3

impact of cost on fairness (x2)

Answer 3

1. self-represented accused has an unfair disadvantage to the prosecution as they have extensive experience and knowledge
2. some accused may be unable to afford victim compensation

Question 4

impact of cost on equality (x1)

Answer 4

equality before the law is not achieved if some dissatisfied parties cannot afford appeals

Question 5

ways that the Criminal Justice System achieves the POJ despite cost issues (x3)

Answer 5

• independent judges uphold fairness by ensuring rules of evidence are always followed
• juries promote fairness and access because they are unbias and independent decision-makers
• equality and access upheld because if an interpreter is needed in court, the prosecution pays for it
  MANY MORE

Question 6

delays are undesirable because… (x4)

Answer 6

1. furthers victims suffering
2. community is at risk of the offender
3. awaiting trial outcome is stressful for accused
4. criminal trials rely on oral evidence, but memories fade

Question 7

sources of delays (x3)

Answer 7

1. court backlogs such as that from the COVID-19 pandemic
2. empanelling juries
3. trial procedures are very slow due to parties arguments in court and decision making time etc
   MANY MORE

Question 8

impact of time on access (x2)

Answer 8

1. delays may deter victims from pursuing their case

2. the longer the jury trial, the greater the costs

Question 9

impact of time on fairness (x2)

Answer 9

1. delays exacerbate the stress of a trial

2. outcome may be incorrect if the evidence is unreliable due to the passage of time

Question 10

impact of time on equality

Answer 10

an unrepresented accused person may be unaware of methods to minimise delays such as sentence indications

Question 11

ways that the Criminal Justice System achieves the POJ despite time/delays (x3)

Answer 11

1. sentence indications and guilty pleas speed up proceedings
2. committal proceedings ensures that courts are not clogged up with insufficient cases
3. relatively few matters use juries

Question 12

asylum seekers/refugees/migrants (x3)

Answer 12

• lack of understanding of Victoria’s legal system
• language barriers
• lack of trust with police/courts

Question 13

indigenous australian’s (x6)

Answer 13

• overrepresented in Victoria prisons
• history of dispossession and social exclusion lead to a lack of trust
• body language differences
• silence shows respect in their eyes
• they minimise eye contact
• tendency to answer questions in a way they feel is expected

Question 14

impact of cultural difference on access (x2)

Answer 14

• lack of trust with police = reluctant to pursue case

- recent migrants/refugees may be unfamiliar with Vic Legal system meaning they are less aware of their rights

Question 15

impact of cultural difference on fairness

Answer 15

unfamiliar with trial processes

Question 16

impact of cultural difference on equality

Answer 16

language barriers

Question 17

ways that the Criminal Justice System achieves the POJ despite cultural differences (x3)

Answer 17

• use of Koori court
• VLA providing legal rep
• presumption of innocence and a high standard of proof

Question 18

access in the criminal justice system

3+ 3-

Answer 18

strengths - jury trials, victims rights, CLCs

weaknesses - costs, VLA is limited, online information

Question 19

fairness in the criminal justice system

4+ 3-

Answer 19

strengths - jury trials, VLA criteria, duty lawyers, victims rights
weaknesses - legal rep in court, cost of appeals, limited VLA

Question 20

equality in the criminal justice system

+3 -3

Answer 20

strengths - rights of the accused, right to a fair hearing, role of judges and jury
weaknesses - jury not available to all, costs of appeals, cultural difficulties

Question 21

costs - recent reform

Answer 21

in 2018/19 the government increased its funding of VLA by $37.3 million over four years.

access - greater availability of legal aid, however funding is still very limited.

fairness - legal assistance allows accused person to be presented in the best light possible, however, very strict eligibility remains in place

equality - more people can access VLA however not for everyone

Question 22

costs - recommended reform

Answer 22

a huge additional boost in Legal Aid and CLC funding
recommended by the Law Council of Australia’s Justice Project

access - more legal aid available for the accused however there are other barriers to justice

fairness - legal assistance allows accused person to be presented in the best light possible, however, not likely to occur

equality - legal aid is more widely available however other aspects of the justice system needs to be reformed such as indigenous australian’s are over-represented.

Question 23

time - recent reform

Answer 23

judge only trials during 2020 pandemic.
accused have to consent

access - reduced backlog and improved access for victims and accused. however, reduced involvement of community and community views.

fairness - decision making by trained impartial adjudicator likely to remove issues of fairness created by quality of legal representation. however, heavier reliance upon impartiallity and professionalism of adjudicator.

equality - potential for reduction of social biases in juding accused/belief in victim. however, further reliance on limited background of decision makers.

Question 24

time - recommended reform

Answer 24

abolish peremptory challenges/prosecution stand-asides in the process of empanelling a jury.
recommended by the Victorian Law Reform Comission

access - less complex for unrepresented persons.

fairness - reduces delays, parties cannot influence jury composition, however limited impact on delays as few cases of juries and accused is not involved in jury selection.
equality - further ensures equality by reduction in jury stacking

Question 25

cultural differences - recent reform

Answer 25

expansion of Koori Court in Shepparton

access - culturally relevant sentencing however further expansion is still necessary.

fairness - supports indigenous community however only available when there has been a guilty plea.

equality - Koori Court is more accessible for rural areas however further reforms are needed to address the overrepresentation

Question 26

cultural differences - recommended reform

Answer 26

ensure the new Sentencing Guidelines Council includes experts on how indigenous Victorian’s interact with the legal system.
in 2017 the Vic Government announced it would create the council to provide guidance to the courts about sentencing for crimes, VLA recommends it should include these experts.

access - better support for indigenous victorian’s.

fairness - sentencing guidelines will address cultural differences and needs will be reflected in sentencing however reforms that address areas outside of sentencing are required to reduce over-representation

equality - overcomes cultural barriers