judge, magistrates and juries in a criminal case Flashcards
WHAT IS A JUDGE:
independant legal expert
: presides the trial and ensures procedural fairness by overseeing all evidence
: only county and supreme courts
WHAT IS A MAGISTRATES:
presides the trial in magistrates courts
: making decisions on evidence, sentencing and bail
ROLES OF A MAGISTRATES AND JUDGE?
- act impartially: important to not favour any party
- manage the trial or hearing: control and supervise the case (make a decision)
- decide and oversee the outcome of a case
: in magistrates court the magistrates will decide on guilt and sentencing
: in supreme/county court the judge will decide on sentencing and jury on guilt - sentence an offender: if the accused is found guilty
DIFFERENCES BETWEEN MAGISTRATES AND JUDGE? (court, types of offences jury directions)
court:
magistrates = magistrates court
judge = county and supreme courts
types of offences:
magistrates = summary offences
judge = indictable offences
jury directions:
magistrates: doesn’t require juries
judge: the juries determine the guilt but the judge determines the sentencing
STRENGTHS AND LIMITATIONS OF JUDGE AND MAGISTRATES: (pojs)
JURY:
a group of randomly selected people (12 jurors in a trial)
: required to deliver a verdict based on evidence presented to them in the court
ROLE OF A JURY:
- be objective: make a decision based on evidence not their own biases
- listen to and remember evidence: jurors must take notes and concentrate during throughout trial
- understand directions and sum: listen to the judge’s directions and sum it up
- deliver a verdict: juries must make a decision on the facts of the case (majority voting)
THE PARTIES IN A CRIMINAL CASE:
the accused and the prosecution
PROSECUTION:
a party in a criminal case who is in charge to bring evidence in a criminal case (the burden of proof: evidence brought in a case to prove an accused guilty)
ROLES:
- must disclose information to the accused
: disclose all evidence used against the accused
- must participate in trial
: addresses, presents evidence to support their case, closing addresses
- make submissions on sentencing
: prosecution can inform the court about laws that apply and relevant information for sentencing
ROLE OF A PROSECUTION:
- must disclose information to the accused
: disclose all evidence used against the accused - must participate in trial
: addresses, presents evidence to support their case, closing addresses - make submissions on sentencing
: prosecution can inform the court about laws that apply and relevant information for sentencing
ACCUSED:
ROLE OF AN ACCUSED:
- must participate in trial
: addresses, present evidence to support their case, closing addresses - make submissions on sentencing
: the offender will try to obtain a lower sentence - AN ACCUSED HAS THE RIGHT TO SLIENCE
STRENGTHS AND LIM OF PROSECUTION AND ACCUSED:
WHY DO WE NEED LEGAL PRACTITIONERS?
- uphold the rule of law
- important for those who are representing themselves to understand the criminal justice system
- important for access to justice
- can be traumatic for the accused
LEGAL PRACTITIONERS FOR AN ACCUSED:
accused people particularly those who charged with a indictable offence should have a legal practitioner to assist them to know the justice system
WHAT IS SOLICITORS: (WHY WE NEED)
legal practitioners that are involved in preparation work before court proceedings.
- provide advice, negotiation and prepare legal documents for clients in a court
- advise and represent this client
BARRISTERS:
legal practitioners formally trained in court adovacy and cross-examining witness.
- independent people = independent advice
- present evidence, cross-examination witnesses and deliver arguments
- solicitors will engage with barristers to provide legal strategies and specialist knowledge
ISSUES WITH COST:
- the costs involved with cases in the criminal justice system can be significant the accused if they need representation
- main costs in a criminal case involves hiring a solicitor or barrister
- those who can’t qualify have to self-represent
WAYS TO ADDRESS THE ISSUE OF COSTS:
- face legal information is available to all Victorians from VLA and CLC: limited
impact of costs on pojs:
IMPACTS WITH TIME:
- Although the accused has the rights to be tried without unreasonable delay, delays can occur due to the complexity of the case
DELAYS:
- can occur due to gathering of evidence
- cam impact on accuracy and reliability of evidence
- void 19 pandemic resulted to trials being delayed
- the longer the delay, the longer the suffering of victims and accused
IMPACT ON TIME ON THE POJS:
IMPACT OF CULTURAL DIFFERENCES:
- not everyone has the same access to the justice system and is tra
