key principles of the criminal justice system Flashcards
the burden of proof, the standard of proof, and the presumption of innocence
define burden of proof
the obligation (i.e. responsibility) of a
party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and
the prosecution in a criminal case)
define standard of proof
the degree or extent to
which a case must be
proved in court
define beyond reasonable
doubt
the standard of proof
in criminal cases.
This requires the
prosecution to prove
there is no reasonable
doubt that the accused
committed the offence
define balance of probabilities
the standard of proof
in civil disputes. This
requires the plaintiff to
establish that it is more
probable (i.e. likely) than
not that their claim is
true
define presumption of
innocence
the right of a person accused of a crime to be presumed not guilty unless proven otherwise
define common law
law made by judges
through decisions made
in cases . Also known
as case law or judge made law (as opposed
to statute law)
A number of features of the criminal justice system uphold the presumption of innocence. For example:
- an accused has the right to silence, which means they do not need to answer any questions, and do
not need to give evidence in court. A person’s silence is not to be taken as a sign of guilt. - police must reasonably believe a person has committed a crime before they can arrest that person
- for indictable offences, the prosecution must prove there is enough evidence to support a
conviction before they can take a case to trial - generally, a person’s prior convictions cannot be revealed until sentencing (after they have been
found guilty) - an offender has the right to appeal a wrongful conviction (such as where the judge applied the
wrong law).
explain the burden of proof
- responsibility of a party to prove the facts of the case
- rests with the party who initiates the action
- criminal - prosecution
- civil - plaintiff
- prosecution is responsible for presenting valid, reliable and sufficient evidence in court to prove the accused is guilty, as it is not up to the accused to prove their innocence
explain the standard of proof
- the degree or extent to which a case must be proved in court
- it is the strength of evidence required to prove the case
- criminal - beyond reasonable doubt
- civil - balance of probabilities
- criminal law - no other logical conclusion can be reached (based on the facts) except that the accused is guilty
standard of proof - summary offences
- heard in the magistrates court, therefore a magistrate (not a jury) will decide on guilt
- if the burden of proof is on the accused (i.e. accused is relying on a certain defence), then the standard of proof is on the balance of probabilities
explain the presumption of innocence
- the right of a person to be presumed not guilty unless proven otherwise
- considered to be innocent until proved beyond reasonable doubt
- prosecution has legal burden of proving guilt rather than accused having to prove their innocence
- must prove there is enough evidence to support a conviction
- accused has the right to silence and appeal a wrongful conviction
- police must reasonably believe a person committed a crime before arresting the person
explain committal proceedings
- pre-trial hearings and processes held in the magistrates court for indictable offences
- occurs when accused pleads not guilty
- final stage - committal hearing, magistrate will decide whether there is a sufficient weight of evidence to support a conviction at trial
- if the magistrate does fine there is sufficient evidence - accused is committed to stand trial and the case is transferred to a higher court that will hear the case
- if the magistrate doesn’t find there is sufficient evidence - accused is discharged and allowed to go free
