Module 10: Criminal courts and the judiciary

Question 1

Function of courts

Answer 1

factual
legal
operative

Question 2

Function of courts - factual function

Answer 2

ascertain the facts of a matter through evidence

Question 3

Function of courts - legal function

Answer 3

apply the law to the evidence

Question 4

Function of courts - operative

Answer 4

to ensure courts opertations are effective and efficient

Question 5

Criminal court powers

Answer 5

direct and forbid people to do things
order punishment
order people they suspect to be mentally ill to be detained for assessment and treatment

Question 6

Courts

Answer 6

high court 
court of criminal appeal
supreme court 
district court 
magistrates court

Question 7

Court of Criminal appeal

Answer 7

appeals from district and supreme

grounds of appeal are typically error of law has been made

Question 8

Supreme court

Answer 8

serious cases

highest court

Question 9

District court

Answer 9

more serious offences

Question 10

Magistrates court

Answer 10

most matters
no jury
deal with summary offences
restricted ability to impose penalties

Question 11

The two systems of courts

Answer 11

adversarial

inquisitorial

Question 12

Adversarial Process

Answer 12

system in australia
state as procecutor vs the accused
contest between the comnatants, judical officer as unbiased referee
prosecutor wins if accused pleas or is found guilty
judical officer than selects from available punishments for sentencing the offender

Question 13

Adversarial process - safeguards

Answer 13

to ensure fairness
presumption of innocence in favour of accused
must be proven guilty beyond reasonable doubt
right to trial by jury

Question 14

Prima facre case

Answer 14

serious offences are initially heard in magistrates court to determine if the jury could, based on evidence, find guilty
if so , defendant is commited for trial in higher court

Question 15

Inquisitorial Process

Answer 15

european system from civil legal systems
judge is central to proceedings, controls who is called and how evidence is provided
aim is for judge to find the truth
lawyers assist judge rather than advocating for client q

Question 16

Sentencing

Answer 16

upon finding guilty, criminal courts are responsible for punishment

Question 17

Aims and purpose for punishment

Answer 17

retribution
restitution 
deterrence
rehabilitation 
Denunciation 
Incapacitation

Question 18

Aims and purpose for punishment - retribution

Answer 18

offender to receive just desert

Question 19

Aims and purpose for punishment - restitution

Answer 19

to compensate victims

Question 20

Aims and purpose for punishment - deterrence

Answer 20

to deter other people or offender from engaging in behaviour

Question 21

Aims and purpose for punishment - Rehabilitation

Answer 21

to help offender change and be better

Question 22

Aims and purpose for punishment - Denunciation

Answer 22

to make strong statement on behalf of society that behaviour is unacceptable

Question 23

Aims and purpose for punishment - Incapacitation

Answer 23

to prevent offender from performing other offences

Question 24

Specialist courts

Answer 24

have limited or exclusive jurisdiction in a field of law presided over by a judicial officer with expertise in field

Question 25

Problem oriented courts

Answer 25

seek to use the authority of courts to address underlying problems of individual litigants, the structural problems of justice system and the social problems of communities

Question 26

court interventions

Answer 26

idea is that ordinary courts can adjourn proceedings to enable defendant to undertake some treatment program to address behaviour
successful completion is taken into account at time of sentencing

Question 27

elements of criminal offences

Answer 27

prosecution must prove elements of an offence beyond reasonable doubt
elements divide into physical and fault elements

Question 28

elements of criminal offences- physical elements

Answer 28

actus rectus

Question 29

elements of criminal offences- fault elements

Answer 29

referred to as mental elements Mens Rea

Question 30

Criminal courts

Answer 30

beyond reasonable doubt, if guilty accused can be incarcerated and fined

Question 31

civil courts

Answer 31

on the balance of probabilities if guilty defendant has to compensate plantiff

Question 32

extending criminal responsibilty

Answer 32

attempt, conspiracy,complicity

Question 33

Trial process

Answer 33

Arrest
Pre charge detention
charge
bail 
trial 
sentencing

Question 34

Summary offences ( less serious)

Answer 34

less than two years,
in magistrate court
of law and fact

Question 35

Indictable offences ( more serious)

Answer 35

more than 3 years 
in district or supreme court
full jury trial 
judge determines question of law 
jury determines question of fact

Question 36

Principles of sentencing

Answer 36

proportionality
parsimony
totality
consistency
individualised justice

Question 37

Aggravating factors

Answer 37

factors that suggest a high level of criminality

Question 38

Mitigating factors

Answer 38

factors that suggest a low level of criminality

Question 39

Due process: Protecton of accused

Answer 39

right to silence
privileged against self incrimination
notice
 publicity
standards of proof 
evidence
impartionality
trial of jury
rights to appeal
legal representation
adversarial procedure