Legal studies SAC 1A

Question 1

Criminal justice system

Answer 1

Set of processes and institutions used to enforce criminal laws and determine criminal cases.

Question 2

Two key purposes of the criminal justice system

Answer 2

1. decide whether an accused is guilty
2. impose a sanction when an accused has been found or pleaded guilty to committing an offence

Question 3

Is the criminal justice system one unit in Australia?

Answer 3

There is no single, unified criminal justice system in Australia.

Question 4

Parties in a criminal case are…

Answer 4

1. Prosecution
2. The accused

Victim is not a party to a criminal case

Question 5

Distinguish between a summary and indictable offence

Answer 5

Summary offence are minor crimes that are generally heard in the Magistrates Court where a hearing is completes. Whereas, indictable offences are serious crimes that are heard in the County or Supreme court through a trial.

Question 6

Presumption of innocence

Answer 6

An individual accused of an offence is presumed innocent until proven guilty. Upholds principle of justice of fairness and equality.

Question 7

Burden of proof

Answer 7

The onus/ responsibility is placed on the prosecution to prove the accused individual is guilty of the offence. Upholds the presumption of innocence.

Question 8

Standard of proof

Answer 8

The level/ standard of evidence the prosecution must put forth to successfully prove the accused is guilty beyond reasonable doubt.

Question 9

List 3 rights of the accused

Answer 9

1. Right to silence
2. Right to be tried without unreasonable delay
3. Right to trial by jury

Question 10

Explain right to silence

Answer 10

Accused has the right to remain silent and their silence should not be taken as an admission of their guilt. Statue law protects this right.

Question 11

Explain right to be tried without unreasonable delays.

Answer 11

Human Rights Charter supports.
Accused is entitled to have their charged heard in a timely manner, and that delays should only occur if they are considered reasonable. Supports principle of fairness- without discrimination/ bias all accused person is entitled to this right.

Question 12

Explain the right to trial by jury

Answer 12

Not protected by the Human Rights Charter, but rather protected in part by statute law in Victoria and in part by section 80 of the Australian Constitution.

Question 13

List 3 rights available to a victim

Answer 13

1. the right to give evidence using alternative arrangements
2. the right to be informed about the proceeding
3. the right to be informed of the likely release date of the offender

Question 14

Explain the right to give evidence using alternative arrangements

Answer 14

Usually used for a sexual offence, family violence offence, an offence for obscene, indecent behaviour in public.

Witness may give evidence from a place other than the court room.