REFORMING THE CRIMINAL JUSTICE SYSTEM Flashcards
Main cost factors
- costs of legal rep
- availability of legal aid
- assistance given to self represented parties
Define the costs of legal representation
The main costs a person is exposed to in a criminal case is the costs of engaging with a lawyer. This impacts the accused the gates as they are most likely to need the legal representation to navigaTE THE CRIMINAL JUSTICE SYSTEMS.
Define the availability of legal aid
when the via was first established its aim was to repair an unjust system which provided greater opportunities to choose who could not afford legal representation. but due to the lack of funding many legal aid institute=tes have had to restrict their criteria
Define the assistance given to self represented parties
some choose to self represent while other have no choice. this means that they cannot afford afford a lawyer and are not eligible for legal aid. because a self represented party finds law unfamiliar, judges are requires to assist the self represented party
Main time factors
- Delays in preparing a case for hearing or trial
- court delays
- plea negotiations and sentence indications
- appeals in the court of appeal
Define delays in preparing a case for hearing or trial =
Most criminal cases involve a large range of tasks such as gathering evidence, locating and interviewing witnesses, determining what happened and what charged should be laid. the more complicated the case is the. more resources that the officers of pp will. need to invest
Define plea negotiations and sentence indications
The use of plea negotiations say sentence indications ave helped significantly in addressing the delays faced by courts and he prosecution in criminal matters. plea negotiations can reduce delays by achieving an early guilty plea.
Define court delays
in additions to delays for getting ready for trial, parties often have to wait for a hearing date in court. the court system is often said to be stretched and unable to handle the increasing number of criminal cases.
Define appeals in the court of appeal
since 201 1 criminal appeals in the court of appeal have been conducted under reforms known as Ashley Venne. they include having more detailed and uniform paperwork, and the filing grounds ,.
What are the main cultural factors ?
- problems faced by indigenous people giving evidence
- over representation of Australian indigenous people
Define problems faced by indigenous Australians giving evidence
those from traditional areas who are not familiar with contemporary Australian society are likely to have difficulty giving evidence in court. include language barriers, direct questioning=impolite, body language=eye contact disrespectful, shyness/submissiveness= answering how they feel people want
Define over-representation of aboriginal and Torres straight islander people-
for some years now, there has been significant over representation of indigenous Australians in the criminal justice system. they account for 27% of the autslian prison population
reforms for cost
increased access to legal services in Hume area = as new via office with several specialty lawyers
reforms for time
increase in use of technology for documents in court. especially in county supreme decreases inconvenience, time money as evidence can easily be replayed through recording
reforms for culture
larger amount of Koori courts
