Key Concepts in the Criminal Justice System Flashcards
Define summary offences + 2 examples
Less serious offences heard in the Magistrate’s Court by a Magistrate (e.g drunk driving, minor assaults)
Define indictable offences + 2 examples
Serious offences heard in the County or Supreme Court (e.g rape, murder)
Criteria for indictable offences to be heard summarily + 2 examples
Punishments of less than 10 years imprisonment or a fine less than 1200 penalty units (e.g theft + burglary when amount is under $100k)
Burden of proof
The responsibility of a party to prove the facts of a case
Standard of proof
The strength of evidence needed to prove a case
The presumption of innocence
The entitlement for people accused of crimes to be treated and presumed as if they were innocent until proven guilty
How is the presumption of innocence upheld in our legal system (2)
Right to silence, high standard of proof