outcome 1b Flashcards
victorian court hierarchy
HCA Supreme Court - trial division - court of appeal County Court Magistrates' Court - children's court -coroners court
reasons for the hierarchy
appeal and specialisation
appeal
the ability to view a case in a higher court on the basis of
- a question of law
- the leniency of a sentence
- the conviction
a courts appellate jurisdiction is the courts ability to review a case on appeal
specialisation
a courts development of expertise on a specific are of the law.
magistrates court specialises in summary offences (trafficking offences) creates a more efficient process
key personnel in criminal court
judge, jury, prosecution and accused, legal practitioners
judge
an impartial party who ensures court procedures are followed according to the rules and ensures parties are treated fairly. Judges responsibilities include; managing the trial, deciding on admissible evidence, attending to jury matters, giving directions to the jury and summing up the case, handing down a sentence.
jury
The jury system is a trial by peers which provides the opportunity for community involvement and the law to be applied according to community standards.
The jury is the decider of facts and not used for sentencing. The jury is composed of 12 jurors for a criminal trial, randomly chosen from the electoral roll. Some people are ineligible (lawyers), disqualified (some prisoners) or excused (significantly unwell).
Both the prosecution and the accused can challenge jurors with cause (reason) unlimited or without cause (no reason) limited. Jury Responsibilities include; being objective, listening and remembering evidence, understanding directions and summing up from the judge and delivering a verdict.
prosecution and accused
- give the opening address
- assist the judge and jury matters
- present the party’s case
- give a closing address
- make submissions about sentencing
legal practitioners
Although legal practitioners work on behalf of their party, the law imposes important obligations 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 cannot deceive the court.
Responsibilities of the Legal Practitioners
Be prepared, ready to proceed with evidence, witnesses and documents
Comply with their duty to the court by being courteous, cooperative and complying with direction
Presenting the case in the best possible light by presenting an opening address to the jury and summing up the evidence
purpose of a sanction
punishment deterrence rehabilitation protection denunciation
punishment
Aims to seek revenge on the offender so that the victim of the crime feels that justice has been done and the community feels it has achieved retribution. Punishment can be combined with deterrence.
rehabilitation
Aims to address the underlying reason for the offender committing the crime, treating the offender will help to prevent the accused from reoffending. Community correction orders (CCO’s) can be used to achieve this purpose
deterrence
Aims to discourage other people from committing similar crimes, this is referred to as general deterrence. Sanctions can also work to discourage the offender from committing crimes this is known as specific deterrence
denunciation
The court may indicate disapproval, especially for harsher sentencing that may include violent crimes such as violent rape
protection
Aims to safeguard the community, such as putting someone in prison (physically removing them from society). Serious offenders will get longer sentences preventing them from re-offending.
