legal criminal trial

Question 1

court jurisdiction - court hierarchy low to high + 2 features of each (5)

Answer 1

local court - magistrate no jury, sentence less than 2 years, no appeals
District court: judge and jury, judge decides sentence, can hear appeals from local court
Supreme court: judge and jury, serious indictable offenses, can hear appeals
NSW Court of Criminal Appeals: supreme court branch, made of 3-5 judges
High Court of Australia: only hears appeals

Question 2

adversary system + 2 disadvantages

Answer 2

two opposing sides with an impartial judge or jury,

costly and jury not specialised, victims alienated, length of appeals R v Wood 2012

Question 3

pleas and charge negotiation

Answer 3

REFORM:(JLACGP) Justice Legislation Amendment (commitals and guilty pleas) Act 2017 NSW amended Criminal Procedure Act 1986 (NSW)

Question 4

burdern of proof

Answer 4

lies on prosecution

Question 5

standard of proof

Answer 5

beyond reasonable doubt in a criminal trial

Question 6

witnesses- act and against

Answer 6

Criminal procedure act 1986 (NSW) CASE AGAINST: SBS Insight episode ‘Rape on trial’ (2018) victims of sexual assault explained the cross examination process us traumatic and makes them not want to come forward.

Question 7

role of juries (verdicts)

Answer 7

Jury Act 1977 (NSW) Right to jury for indictable offenses is under the Criminal Procedure Act 1986 NSW

Question 8

standard of proof for civil cases

Answer 8

on the balance of probobilities which is to a lower standard

Question 9

wittness sexual assult provisions

Answer 9

give evidence through camera 
closed court 
support person 
no humiliating questions 
if retrial prior video can be replayed

Question 10

evidence act and 5 traits

Answer 10

contained in the Evidence Act 1995 (NSW)

1. legally obtained: judge may exercise discretion to admit if desirability outweighs
2. relevance
3. hearsay: witness must have heard or seen directly
4. opinion rule: witness cannot give opinions
5. character

Question 11

effectiveness of juries

Answer 11

• no state oppression
• community values
• community participation
• verdict is more fair

Question 12

limitations to juries

Answer 12

• swayed by technical evidence
• misconduct
• inattentive
• mistrials

Question 13

Majority verdict law reform+ example

Answer 13

Jury amendment (Verdicts) Act 2006 NSW amended the Jury Act 1977 NSW EXAMPLE : Robert Xie murdering 5 people

Question 14

Majority verdicts laws + disadvantage

Answer 14

Jury amendment (Verdicts) Act 2006 NSW amended the Jury Act 1977 NSW : Exposed the case of Keli Lane 2019 and the 2002 NSW BOCSAR Study