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
What courts are juries present in, and why?
Juries are present in the County or Supreme court for original jurisdiction.
What are the roles of the jury?
- To decide facts of the case
- ## To decide guilt in criminal cases
What are the 4 roles of the jury?
- Objective
- Listen to evidence
- Understand Judge’s directions
- Deliver a verdict.
Role of jury - objective
- must be unbiased
- remain open minded and reach decision based solely on evidence presented in court
Roles of the jury - listen to evidence
- Must actively listen to everything said in court
- incliding arguments of legal practitioners and statements of witnesses
- not allowed to undertake eown research outside of court
What information can jurors use to deliver a verdict?
- information presented to them in court
- cannot undertake own research or investegations outside of court
Is an offence and may lead to a mistrial
Roles of jury - understand judge’s directions.
Always follow what judge says
Roles of jury - deliver a verdict
- after listening to evidence, required to decide guilt beyond reasonable doubt
Where do jury deliberations take place?
In the jury room, and are confidential for life
Where do jury deliberations take place?
In the jury room, and are confidential for life
Jurors can never speak about the case afterwards.
What must the verdict be?
Unanimous (12/12)
What happens if the vote is not unanimous?
If cannot reach a verdict, judge may allow for majority verdict (11/12)
- not possible in most serious cases (murder, arson, etc)
Is the jury involved in appeals?
No, they only decide guilt.
What must the accused plea for trial by jury?
Not guity for a trial in the County and Supreme courts.
