Law Flashcards
Describe criminal law
- A wrong against the community generally
- Principal object of proceedings is to punish
- Proceedings are taken by the police on behalf of the crown
- Proceedings can only be withdrawn by consent of the court
Describe Civil law
- A wrong affecting individuals
- Principal object of proceedings is to seek redress or compensation
- Proceedings are taken by and for the injured party (plaintiff or complainant)
- The plaintiff may withdraw proceedings at any time
What is an adversarial justice system?
Involves a legal contest between two parties: the state (Prosecution) and accused (Defence). Where evidence is presented as facts from asking witnesses questions so that a fact finder (Judge or Jury) can determine if guilty or not.
What are some factors that influences the judges decision on sentencing
- the seriousness of the offending and degree of blame (“culpability”)
- the seriousness of the type of offence
- the effect of the offending on the victim
- Whānau, community and cultural and socio-economic background.
Features of adversial justice system
(8 points)
- Facts of the case emerge by means of questions by the team that called the witness
- It is up to each party to decide what witness to call, what order, and what should be asked
- Each party has the right to test the testimony of the witness called by the opposing party (Cross examination)
- Judges role is to ensure that the evidence is produced according to the established rules on its admissibility
- Neither a judge or jury is entitled to go beyond the evidence presented. A judge can call a witness but it is very rare and must be in the interest of justice.
- A judge should only ask questions when justice requires it. For example for clarification.
- Defendant does not have to give evidence. He or she may stay silent and demand that the prosecution prove its case beyond reasonable doubt.
- Facts may be judicially noticed where they are known and accepted and so cannot reasonably be questioned. Judicially noticed facts do not need to be proved.
Main Hierarchy of courts
1) District Court
2) High Court
3) Court of Appeal
4) Supreme Court
What courts come before district court?
-In district court: Criminal, civil, youth, family
- Tribunals and authorities
What courts come before High Court?
-District court
- Environment court
- Tribunals and authorities
What comes before court of appeal?
- High court
- Environment court
- Maori land -> Maori appellate court
- Court Martial -> Court martial appeal court
Which courts are separate and are not part of the hierarchy?
- Coroners court
- Waitangi Tribunal
Which categories are handled in district court?
Categories 1, 2, and 3 (Although some of category 3 can be held in High court when ordered)
Describe category 1 and how the trial is held
These are offences where the defendant can only be fined or sentenced to a community-based sentence like community work ornsupervision, rather than jail. These cases will be seen at the District Court, and usually by a Justice of the Peace rather than a judge. An example of a category 1 offence is careless driving
Describe category 2 and how the trial is held
These are offences with a maximum penalty of less than two years in jail. If the defendant pleads not guilty, their trial will be in front of a judge sitting without a jury. Usually this will be in the District Court.
Category 2 offences could include common assault or a first or second drink driving conviction.
Describe category 3 and how the trial is held
imprisonment for two years or more, with the right to elect trial by jury. These offences are the more serious and may be heard in the District Court by a Judge-alone or by a Judge and Jury. Initially, the prosecuting authority decides what option to take but if they choose to file charges (in the District Court), then the accused has the right to elect trial by jury.
Describe category 4 and how the trial is held
include the most serious offences, including murder,
manslaughter, sexual violation, strangulation, and terrorism offences. Usually there’ll be a jury trial, but a judge-alone trial can be ordered in some cases. Held in high court which is presided over by a High Court Judge accompanied by a jury of 12 adults.
In high court name the two people who runs the cases for their respective side
- A crown law solicitor will run the police case
- a qualified lawyer known as a barrister will defend their client.
Describe Court of Appeal
This Court is presided over by a bench of judges appointed to the Court of Appeal. It hears appeals from civil and criminal cases heard in the High Court, appeals from criminal jury trials in the District Courts, and leave
applications where a second appeal is to be taken. Appeals from this Court are heard in the Supreme Court.
Describe Supreme Court
This Court, created in 2003, replaced the Privy Council from 2004 as the highest and final appeal court in the New Zealand judicial system. Leave to appeal to this Court is given where the court is satisfied that it is necessary in the interests of justice. The four most senior judges of New Zealand are currently appointed to the court.
What is election?
Where the defendant is charged with a Category 3 offence, the defendant is given an election; that is, a choice. “between trial by a judge and jury or judge alone”.
