Impact of costs, time and cultural differences on the POJ Flashcards
Impacts of costs on POJ
- The main impact of costs in a criminal trial tends to be laid onto the accused with engaging a lawyer for advice or representation.
- Victims can also be affected if they want legal information and advice on how to assert their rights.
- Accused individuals who cannot afford legal representation can go to VLA or CLC for free advice or information as well as representation only to some.
Measures to address cost issues
- Committal Proceedings
Committal Proceedings are essential as they filter out weak cases and save them from going to unnecessary trials.
They give an opportunity for the accused to plead guilty and avoid a trial. - Plea negotiations
Plea negotiations assist with avoiding a trial and saving costs and time as the prosecution and defendant come up with a mutually agreed outcome for the criminal case.
Impact of time on POJ
Accused individuals have the right to be tried without reasonable delay.»_space;> What is considered a reasonable time will depend on the case.
Delays in having a trial heard and determined can affect the ability of the criminal justice system to achieve justice.
Most criminal cases involve a range of tasks such as gathering evidence, locating and interviewing witnesses, determining what happened and determining what charges should be laid on the accused.
The more complicated the case, the longer this takes
Measures to address delays
- Plea negotiations
This can reduce delays through achieving an early guilty plea. Which means the case avoids a trial and goes straight to sentencing, reducing time and costs.
Saving time means the court can hear other cases earlier.
Impact of cultural differences on POJ
The criminal justice system sometimes lacks to uphold the principles of justice when treating First Nations People.
Cultural difficulties include:
- Lack of knowledge of legal system.
- Lack of understanding of English language.
- Failure of the legal system to account for differences and cultural misunderstandings.
Difficulties faced by First Nations People
Language Barriers
Direct Questioning
Body Language
Cultural Taboos
Lack of understanding legal procedures
Measures to address cultural differences
The Koori Court
What is the Koori Court
-The Koori Court is a division of the Magistrates’ Court and County Court that operates as a sentencing court for First Nations People. —> It is not used to determine guilt, eg; conduct a trial
Aim of the Koori Court
The Koori Court aims to reduce the over-representation of First Nations people in the criminal justice system and improve overall outcomes.
How does the Koori Court make the processes easier for First Nations People
The sentencing processes are informal, and conducted in a culturally appropriate manner, giving people an opportunity to tell their stories alongside their elders/family over sitting behind a lawyer.
The hearing is heard in english & the court room is designed to be culturally appropriate towards First Nations People.
Who is eligible for the Koori Court
To be eligible for the Koori Court, the offender must be First Nations People, must plead guilty, and must live or be charged within a relevant area of a Koori Court.
