legal studies unit 3 AOS 1 Flashcards
summary offences
- minor crimes
- magistrates court
- known as a hearing
- eg speeding drink driving minot assaults
indictable offence
- serious crimes
- county court or Supreme Court
- heard by a judge or jury
- eg murder, sexual offences and drug trafficking
committal proceedings
pre trial hearing and processes held in the magistrates court for indictable offences
pressumption of innocence
The right of a person accused of a crime to be presumed not guilty unless proven otherwise
Upheld by the right to silence, committal proceedings, standard and burden of proof, bail
burden of proof
The obligation of a party to prove the case. The burden of proof usually rests with the party who initiates the action.
standard of proof
the level of certainty an degree of evidence to establish proof
‘beyond a reasonable doubt’
right to be tried without unreasonable delay
This means without exceeding the limits of what is acceptable or fair.
‘Reasonable’ depends on the nature of the crime the ability to find evidence and the complexity of the evidence
Accused is entitled to have their charges heard in a timely manner, without discrimination
right to silence
And accuse has the right to not say or do anything including refused to answer questions or give any information and cannot be forced to give evidence in a criminal trial.
protected by common-law
The right to trial by jury
Where the persons peers within the community decide the outcome of the case, it provides the opportunity for community participation in the legal process
right to give evidence using alternative arrangements
Victims or witnesses in certain cases, such a sexual offence and family violence cases, are able to give evidence using alternate arrangements
Right to be informed about the proceedings
Victims are entitled to be informed at reasonable intervals about the progress of an investigation into a criminal case.
Once the prosecution has been commenced victims are to be informed about the charges, hearing dates and times of any appeal
Right to be informed of the likely release date of the offender
If a person is a victim of a criminal act of violence and is on the victims register, they may receive information about the likely release date of the imprison offender
the principle of fairness
‘all people can participate in the justice system, and all its processes should be impartial (no bias) and open
The principle of equality
All people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disparity or disadvantage adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage
measure that may be needs to be put into place to avoid disparity (the principle of equality)
Interpreters, providing information in a different way e.g. speed or tone and changes to court processes e.g less formal
principle of access
All people should be able to engage with the justice system and its processes on an informed basis
engagement = physical access, technology access and financial access
VLA is a government agency that provides
Free legal information to the community – available to all accused people
Legal advice – only available to those that need it most (depending on income)
Duty lawyer services
Strengths and weaknesses of VLA
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Free legal information is available on their website to everyone regardless of income
Some legal information is provided in more than 30 languages
-
Free legal information available on the always website may not be enough for certain people
VLA does not have unlimited resources
Introduction to plea negotiations
Plea negotiations when the prosecution office a incentive well them to plead guilty. In Victoria this can either be the reduction in the charge or the removal of some charges
- Can take place in relations to summary and indictable offences
- Conducted on a without prejudice basis
- save time and money
purpose of plea negotiations
Encourages the accused person to play guilty in order to save the time and money of courts
ensures the accused person to plead guilty in order to save the time and money of the courts
saves cost, time and resources
Appropriateness of plea negotiations
Appropriate
-prosecution= when there are issues with the reliability, availability or willingness of crucial witnesses
-prosectution + defendant= when there are issues with the admissibility of key pieces of evidence
-defendent= when the original charge by the police were incorrect
strengths and weaknesses of plea negotiations
+
Victims witnesses and their families and the accused families are saved the trauma, inconvenience and distress of the trial process
- Negotiations do not need to be disclosed and can be held probably this lacks transparency and may make some people question the agreement
VLA
A government funded agency with a broad role of ensuring equal access to the legal system for all victorians
is an Australian organisation that provides information, legal advice and education.
VLA purpose
ensuring equal access
prioritises prevention and early resolution of legal problems
educate victorians on legal maters
Two types of CLCS
Generalist CLCs - provide broad legal services to people in particular local court geographical areas
specialist CLCs - Focus on a Particula group of people or area of youth
Types of assistance for accused CLCs
Provide information, legal advice and minor assistance regarding certain types of offences
provide assistance with casework
legal representation in small numbers of cases
Types of assistance for victims CLCs
Some specialists CLCs exist for victims such as women’s legal service Victoria assist with family violence cases
Free legal advice about rights and processes such as play negotiations and appeals
Assistance in obtaining protection and intervention orders
appropriateness of plea negations
not appropriate
community - in high profile cases, due to lack of transparency around the negotiations
victims - where the victim does not wish for lesser change to be considered, although the prosecution has not obligations to follow their wishes
two types of jurisdiction
- original jurisdiction= cases that the court will hear for the first time
- appellate jurisdiction= ability to hear a case in which a decision is being review or challenged
jurisdiction
each court has its own jurisdiction, meaning its area of responsibility to hear cases
