Role of courts and Jury Flashcards
What are the 2 roles of the courts?
Determining the case and imposing sanctions
What is involved in the court’s role to determine the case?
If accused pleads not guilty, role of courts to determine guilt.
Deciding guilt through facts
- In Magistrates’ court, Magistrate decides guilt
- In County or Supreme court, jury decides guilt
What is the Magistrates’ court used for in an indictable offence?
Oversees and manages case, decides what evidence is admissable and sets timeline for proceedings.
What is a committal proceeding?
A hearing that occurs for all indictable offences, to determine whether there is enough evidence for a case to go to trial.
Pre-trial to determine if there is enough evidence for trial.
When are sanctions imposed?
During the plea hearing, if the accused is found guilty.
What happens during a plea hearing?
Both parties make arguments about what they believe fair sanction should be
What happens after a plea hearing?
Judge or Magistrate decides sanction for convicted person
Note: the jury does not decide the sanction, they leave once guilt is decided.
Examples of sanctions.
- Imprisonment
- Community correction order (CCO)
- Fine
- Or combination
Jurisdiction
Define
Power or authority of courts to hear certain cases.
What two types of jursdiction is there?
Original and appeleate jurisdiction.
Original jurisdiction
Power of courts to hear a case for the first time
(Not appeal from a lower court)
Appellate jurisdiction
Power of a court to hear a case on appeal
What is a jury?
An impartial group of randomly selected people who, after hearing evidence of a trial, hand down a verdict.
How many jury members are in criminal and civil cases?
12 in criminal, 6 in civil.
What rights do Victorians have in regards to a jury?
Right to trial by jury for indictable offences.
Can also asked to be dismissed from jury duty - not important
