Juries, criminal trial, etc.

Question 1

What is a Jury?

Answer 1

An independent group of 12 people chosen at random to determine questions of fact in a trial and reach a decision (verdict).

Question 2

What does a jury do?

Answer 2

1. Listen to all the evidence
2. Concentrate during the trial
3. Piece the evidence together and decide whether the accused is guilty or not guilty

Question 3

What does a jury not do?

Answer 3

1. Deliver the sanction
2. Find someone innocent

Question 4

What is involved in listening to and remembering evidence?

Answer 4

1. Jurors may take notes of evidence and witness statements during the trial to help them remember information.
2. Jurors are not to do their own investigations/research about the case.

Question 5

What is involved in understanding directions/summing up?

Answer 5

1. At the end of a trial a judge will give the jury directions about what parts of the law to consider, and remind them about key legal concepts.
2. The judge will also sum up the case and give the jury the opportunity to ask clarifying questions.

Question 6

What is involved in delivering a verdict?

Answer 6

1. Jurors have the responsibility of deciding on the guilt of the accused.
2. Deliberations are confidential and juries do not give reasons for their decisions.
3. Jurors receive no pressure from other jurors.

Question 7

What are some strengths of the jury system?

Answer 7

1. Jurors are independent and impartial; ensuring equality and fairness in their decision.
2. Allows the community to be involved in the justice system.
3. Ensures fairness by requiring jury to deliberate based on the evidence/facts.
4. Spreads responsibility for the decision, making it more likely to be fair and correct than if it was made by one person.

Question 8

What are some weaknesses of the jury system?

Answer 8

1. Jurors do not give reasons for their decision and some may question whether the decision has been made based on facts and evidence.
2. The task is difficult, especially where there is complicated evidence or a significant amount of evidence.

Question 9

What is the Koori Court?

Answer 9

A sentencing court that seeks to accommodate the values, perspectives, and beliefs of First Nations people.

Question 10

What are ways that the Koori Court is effective?

Answer 10

1. Provides access to fair, culturally relevant and appropriate justice.
2. Causes less offenders to reoffend.
3. Experiences are greatly improved, found more inclusive and engaging, and less intimidating.
4. Provides participants with greater participation and protection.

Question 11

What are ways that the Koori Court is ineffective?

Answer 11

1. There are some restriction in the types of cases that the Koori Court can hear (i.e., no sex crimes).
2. The offender must have been charged/live within the relevant area of the Koori Court.
3. It is only a sentencing court (they must have or will plead guilty).

Question 12

What are the eligibility requirements of the Koori Court?

Answer 12

1. The accused must be a First Nations person.
2. The offence must be within the jurisdiction of the relevant court.
3. The offence must not be a sexual offence.
4. The accused must intend to plead guilty or has pleaded guilty.
5. The accused must consent to the case being dealt with by the Koori Court.

Question 13

Explain the overrepresentation of First Nations Peoples in the criminal justice system.

Answer 13

1.First Nations people make up approximately 1% of the total population in Victoria, however they make up 9% of the prison population.
2. First Nations children account for about 15% of the children and young people under supervision.

Question 14

List the difficulties faced my First Nations Peoples in the criminal justice system.

Answer 14

1. Cultural differences
2. Language barriers
3. Body language
4. Cultural taboos
5. Direct questioning

Question 15

What are Cultural Differences?

Answer 15

Cultural differences include lack of knowledge of the legal system, lack of understanding of the English language, failure of the legal system to account for differences, and cultural misunderstandings.

Question 16

What are Language Barriers?

Answer 16

There are subtle differences in the way language is used by some First Nations people that can cause misunderstandings.
E.g., “Kill” may mean to hit someone, probably causing injury, but not necessarily ending their life.

Question 17

What is Body Language?

Answer 17

Direct eye contact is seen as disrespectful to some First Nations Peoples who may try to limit or avoid it by looking down or to the side. May make them appear disinterested or unreliable to those who aren’t aware of these customs.

Question 18

What are Cultural Taboos?

Answer 18

It is considered taboo to speak of certain things, such as the names of deceased people, or someone the community holds in disgrace. It can be forbidden to mention gender-based knowledge in front of the other gender.

Question 19

What is Direct Questioning?

Answer 19

Question and answer method may be inappropriate. Group agreement through lengthy discussion and telling with stories is the polite way to settle differences. Directness is impolite. Forced yes/no answers may cause First Nations Peoples to be perceived as evasive or dishonest when they are actually being respectful.

Question 20

What is Deterrence?

Answer 20

One purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences.
General: everyone in the community.
Specific: aimed at one person.

Question 21

What is Denunciation?

Answer 21

One purpose of a sanction, designed to demonstrate the community’s disapproval of the offender’s actions.

Question 22

What is Protection?

Answer 22

One purpose of a sanction, designed to ensure the safety of society by imposing a sanction that prevents the offender from harming again.

Question 23

What is Punishment?

Answer 23

One purpose of a sanction, designed to penalise (punish) the offender, and show society and the victim that criminal behaviour will not be tolerated.

Question 24

What is Rehabilitation?

Answer 24

One purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future.

Question 25

What is recidivism?

Answer 25

The rate in which people re-offend after committing a crime.

Question 26

What is the Sentencing Act?

Answer 26

The legislation that outlines the sanctions that may be imposed for a crime.

Question 27

What is a Fine?

Answer 27

A monetary penalty that is paid by the offender to the state of Victoria.
(Non-custodial)

Question 28

What is a Community Corrections Order (CCO)?

Answer 28

A sanction that allows an offender to remain in the community while serving the sanction.
(Non-custodial)

Question 29

What is Imprisonment?

Answer 29

The most serious sanction that can be imposed, and involves the removal of the offender from society and into a secured facility known as a jail or prison.
(Cusodial)

Question 30

List the purposes of a sanction.

Answer 30

1. Deterrence
2. Denunciation
3. Protection
4. Punishment
5. Rehabilitation

Question 31

What are Aggravating Factors?

Answer 31

Facts or circumstances about an offender or an offence that can lead to a more severe sentence.

Question 32

What is a Victim Impact Statement?

Question 33

What are Mitigating Factors?

Answer 33

Facts or circumstances about the offender or the offence that can lead to a less severe sentence.

Question 34

What is a Guilty Plea?

Question 35

How can the difficulties faced by First Nations Peoples contribute to creating distrust in the criminal justice system?

Answer 35

1. The barriers that First Nations Peoples face can see the system as treating them as dishonest, untrustworthy, and unreliable.
2. Many First Nations people have personal experiences of the criminal justice system working “against them” rather than for them, thus there is a resistance to engaging with services to help them.