LEG full flashcards
What are the rights of victims (3)
Right to…
- Give evidence using alternative methods
- To be informed about the proceedings
- Right to be informed about the likely release date of the accused
What’s the standard of proof in criminal law
Beyond reasonable doubt
Who has the burden of proof in criminal law
On the prosecutor
What are the three principles of justice and there subcategories
Fairness - impartial processes, participation, open processes
Equality - same treatment, different treatment
Access - engagement, informed basis
Describe the three features of the fairness principle
- Impartial processes where all parties are unbiased and have no pre-existing relationships with any of the parties.
- Open processes which allows for the public to see what is happening in our legal system. e.g. journalists reporting on cases
- Participation where people should be able to participate in the legal system, such as parties knowing the evidence against them + accused must have adequate time to prepare a defence
Discuss the features of the principle equality
Equality of…
- same treatment where all members are given the same level of support and resources.
- different treatment as treating people in the same way may cause disparity so resources and support are given according to the level they are required
What are the rights of an accused (3)
Right to…
- trial by jury
- trial without unreasonable delay
- silence, only answering name and address
What are some strengths of CLC’s
- Provide online information for free
- provide translations on their website
-provide info about their rights and the processes of the court
What are some weaknesses of CLC’s
- insufficient funding by the government so unable to help everyone
- don’t assist people charged with indictable offences
- may no have enough staff or volunteers to meet the needs of the accused people
What are the grounds of appeal (3)
- Question/rule of law
- Conviction
- Severity
what’s the difference between CLC’s and VLA’s
CLC’s are more specialised institutions who deal with people in a specific geographic location or certain legal issues whereas VLA’s provide help to majority of individuals
What are the roles of the jury (4)
- Deliver a verdict
- Listen to evidence
- Understand directions
- Be objective
What are some of the strengths of the jury
- They’re randomly picked, avoiding bias
- They represent a cross section of society
- Collective decision spreads responsibility, decision more likely to be fair than if decided by one person
Outline the courts in the Australian court hierarchy
High court
Supreme Court (appeals)
Supreme Court (trial)
County court
Magistrates court
Children and Coroners court
What are the roles of the judge and magistrates? (4)
- Act impartially
- Manage the trial
- Decide the outcome (if its the magistrates)
- Sentence an offender
What are some strengths of the judge and magistrates?
- They act impartially
- They don’t help either party ensuring no advantage or disadvantage for each
- Manage the hearing process ensuring rules are followed
- Are able to assist self represented individuals
- Can adjust trial processes to accommodate parties
What are some weaknesses of the judge and magistrates?
- Can have unconscious bias
- Lack of diversity in Australian courts
- Women are underrepresented in higher courts
- Cannot overly interfere in cases even if parties are disadvantaged
Where will a summary offence be heard?
In the magistrates court
What’s the meaning of recidivism?
The tendency of a convicted criminal to reoffend.
Outline what p2d2r stands for
Prevent
Protect
Deter
Denounce
Rehabilitate
What are the reasons for a court hierarchy and explain them?
Specialisation - where a court hears many cases of a similar nature therefore develops an effective system in dealing and sentencing those cases
Appeals - if a party believes the trial proceeding was unjust they are able to appeal a decision made, which helps prevent accidents in sentencing or rulings.
What are some purposes of plea negotiations?
- Ensures certainty of outcome
- Saves time, costs and resources. if a negation results in an early guilty plea it avoids the need for a trial
- Prompt resolution to a case, preventing unnecessary trauma
What are some strengths of plea negotiations
-Helps with the prompt determination of cases
- parties are saved the trauma and distress of a trial process
- Provides substantial benefits to the community by saving costs
- Help make sure certainty of outcomes, going to trial risks the probability of an acquittal (a not guilty verdict)
What are some weaknesses of plea negotiations
- Negotiations don’t need to be disclosed and can be held privately
- Lack of transparency makes some people questions the agreement or reason why the prosecution decided to negotiate
- May be seen as the prosecutor trying to avoid the need to prove the case beyond reasonable doubt
- Victims don’t have. a final say on whether negotiations to occur
- A self represented party may feel pressured into accepting a deal even if evidence isn’t strong
The appropriateness of plea negotiations
- Whether the accused is willing to participate in the investigation
- The strength of the evidence, including strength of prosecutions case
- Whether accused is ready and willing to plead guilty
- Whether accused is represented
- Whether witnesses are reluctant or unable to give evidence
- Time and expense in a trial
- Views of the victim (prosecutor consults victims and takes their views into account)
What is the role of VLA’s
To provide free legal information to the community as well as free advice and representation to those who can’t afford it.
- To provide effective, efficient, and economic aid
- To make resources reasonably affordable
What are some similarities between CLC’s and VLA’s
- They both provide free advice, services and information
- Funded
- Helps accused individuals
- Online resources available in many languages
- Victims assist
What is an aggravating factor
A factor which may cause the judge to give the offender a harsher sentence
What is a mitigating factor
A factor which may cause the judge to deliver a more lenient sentence
What is a cumulative sentence
Where the offender has to serve their sentence straight after one another.
What is a concurrent sentence
Where the term of imprisonment is served with another at the same time.
What are some strengths to plea negotiations
- saves time, cost and resources
- victims are saved the trauma from reliving the trial
- help ensure there is certainty of outcome for parties
