Key Concepts in the Criminal Justice System Flashcards

1
Q

Define summary offences + 2 examples

A

Less serious offences heard in the Magistrate’s Court by a Magistrate (e.g drunk driving, minor assaults)

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2
Q

Define indictable offences + 2 examples

A

Serious offences heard in the County or Supreme Court (e.g rape, murder)

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3
Q

Criteria for indictable offences to be heard summarily + 2 examples

A

Punishments of less than 10 years imprisonment or a fine less than 1200 penalty units (e.g theft + burglary when amount is under $100k)

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4
Q

Burden of proof

A

The responsibility of a party to prove the facts of a case

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5
Q

Standard of proof

A

The strength of evidence needed to prove a case

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6
Q

The presumption of innocence

A

The entitlement for people accused of crimes to be treated and presumed as if they were innocent until proven guilty

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7
Q

How is the presumption of innocence upheld in our legal system (2)

A

Right to silence, high standard of proof

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