Legal SAC Flashcards
Key personals in a criminal case
Judge
Jury
Parties
Legal Practitioners
Judge
Acts as an impartial party who ensures court procedures are followed according to the rules and ensures parties are treated fairly.
Responsibilities of the Judge
MANAGING THE TRIAL, ensures procedures are being followed and making sure both parties have an equal opportunity to present their case.
DECIDING ON ADMISSIBLE EVIDENCE, what is and isn’t allowed it must be relevant and not someones opinion.
ATTENDING TO JURY MATTERS, the judge will provide potential jurors with information about the trial to ensure any person can be excused if necessary.
GIVING DIRECTIONS TO THE JURY AND SUMMING UP THE CASE, the judge will be required to summarise the case to the jury.
HAND DOWN A SENTENCE, once the jury comes back with a guilty verdict or if the accused pleads guilty.
Jury
The jury system is a trial by peers which provides the opportunity for community evolvement and the law to be applied according to community standards/values.
The jury is the decider of facts and not used for sentencing, the jury is made up of 12 randomly selected jurors from the electoral role.
Responsibilities of the Jury
BE OBJECTIVE, a jury must be unbiased and open minded there must not be any connection to any of the parties to ensure that the decision is based on only facts.
TO LISTEN TO AND REMEMBER THE EVIDENCE, the jury must not conduct their own investigation doing so can lead to penalties and the discharge of the jury.
TO UNDERSTAND DIRECTIONS AND THE SUMMING UP, the jury is required to listen to directions and the summing up by the judge. They may ask for an explanation for any points that they didn’t understand.
DELIVER A VERDICT, a criminal jury must aim for an unanimous verdict (12/12) for murder, treason and some drug offences.
Responsibilities of the Parties
GIVE OPENING ADRESS, starts with a statement to the jury on the prosecutions case using only evidence that has been seen by the accused.
ASSIST THE JURY WITH JURY MATTERS, both parties assist in empaneling the jury, challenging potential jurors and requesting the trial judge give the jury directions.
PRESENT THE PARTYS CASE, the prosecution must present to a jury all credible evidence the accused can choose to say nothing.
GIVE CLOSING ADRESS, the prosecution sums up evidence after the close of all evidence as can the accused. Both parties are entitled to deliver the closing address.
MAKE SUBMISSIONS ABOUT SENTENCING, once found the accused is found guilty, both parties are expected to attend trial, the prosecution is responsible for finding out the relevant law as well as to act in a way that is unbiased.
Legal Practitioners
Although legal practitioners work on behalf of their party, the law imposes important obligation on them such as their duty to the court and the administration of justice.
This means legal practitioners must be honest about the facts and the law, they can not decide the court.
Responsibilities of Legal Practitioners
To be PREPARED
ready to PROCEED with evidence, witnesses and documents.
comply with their duty to the court by being COURTEOUS, COOPERATIVE and COMPLY with directions.
presenting the case in the BEST POSSIBLE WAY by presenting an opening dress to the jury and SUMMING UP EVIDENCE.
Soliciter
Provides legal advice to a party, their role is to draft documents for court as well as communicate with the other party and the court in preparation of the case.
