roles of key personnel - 3.1.9

Question 1

who are the key personnel?

Answer 1

people who perform specfic functions in order to uphold the principes of justice
- judge
- jury
- parties

Question 2

what are judges/magistrate? and what are their responsibilities

Answer 2

individual appointed to conduct trials and resolve legal disputes
responsibilites include:
- act impartiallly
- manage the trial/hearing
- decide or oversee the outcome of the case
- sentence an offender

IM DanSing

Question 3

what is the role of the judge/magistrate: act impartially

Answer 3

• ## no bias, if they cannot act impartially they should remove themselves from case to avoid unfairness

Question 4

what is the role of the judge/magistrate: manage trial/hearing

Answer 4

• control/supervise the case
• ensure court procedure is followed, or adjust trial pocess to ensure equality

Question 5

what is the role of the judge/magistrate: decide or oversee the outcome of the case

Answer 5

• magistrate decides verdict, refers accused for sentencing
• judge does not decide verdict, they help the jury to understand their job and facts of the case to make an educated decision

Question 6

what is the role of the judge/magistrate: sentencing an offender

Answer 6

• accused found/pleads guilty, there will be a plea hearing (parties make submissions about sentencing
• Judge/Mag hand down the sentence, comply with sentencing act 1991 (vic)
• Judge will hear from both parties before deciding sanction

Question 7

what are strengths of judge/magistrate?

Answer 7

• they are impartial
• ensures rules of evidence and procedire is followed
• help self represented accused by adjusting trial process to accommodate vulnerable peeople (e.g. young people, disability, mental condition)

Question 8

what are weaknesses of judge/magistrate?

Answer 8

• may have apprehended bias that impacts decision-making (e.g. when tired)
• lack of diversity - impact confidence and comfortability in admin of justice
• cannot interfere in case

Question 9

what are the responsibilities of the jury?

Answer 9

• be objective
• listen to and remember evidence
• understand directions and summing up
• deliver verdict

Question 10

what is the role of the jury: be objective

Answer 10

• jury are unbiased and don’t have preconcieved notions or connections to parties
• the verdict is based on the facts presented

Question 11

what is the role of the jury: listen and remember evidence

Answer 11

• jurors can take otes to help them remember but must not conduct own research on the case, it causes bias, unfair trial
• jury discharged if a juror breaches obligations

Question 12

what is the role of the jury: understand directions and summing up

Answer 12

• judge will deliver summary
• jury directions = clarify confusing points/language

Question 13

what is the role of the jury: deliver a verdict

Answer 13

• jury members must take part in deliberations (guilty/not guilty)
• jurors should aim for a unanimous verdict

Question 14

what are the strengths of the jury?

Answer 14

• they are randomly picked - diverse
• jury system - allows jury participation
• collective decision-making reduce bias

Question 15

what are the weaknesses of a jury?

Answer 15

• may have unconcious bias
• if a case is complex jury may not understand
• jury ≠ timeliness
• a possibility of a large section of the community is not represented as they are ineligible, excused, disqualified.

Question 16

what are the parties in a case and what are their responsibilities?

Answer 16

• they control how the case will run, must comply with rules of court and orders of the judge

SOME responsibilities of the parties:
- disclose information to the accused
- participate in trial/hearing
- make submissions about sentencing

Question 17

what is the role of the prosecution: disclose information to the accused?

Answer 17

they must disclose relevant matters to the accused (e.g. evidence against them), by disclosing relevant convictions of prosecution witnesses, helps with cross-examination

Question 18

what is the role of the prosecution: participate in the trial/hearing?

Answer 18

they must present the case, make an opening address (outline case), present evidence, cross-examine, make a closing address (fact-based)

Question 19

what is the role of the prosecution: make submissions about sentencing?

Answer 19

they must inform the court about the laws that apply during sentencing and any infor about offence or the offender they deem relevant.

Question 20

what is the role of the accused: participate in trial/hearing?

Answer 20

• they can either choose to fully participate or remain silent and do nothing
• if they present a defence they must have an opening address, present evidence, call witnesses, cross-examine and make a closing address

Question 21

what is the role of the accused: make submissions about sentencing?

Answer 21

• offenders can make submissions
• aim for the least possible sentence
• should provide factors about their life or the offence that could reduce the sentence

Question 22

what are the strengths of parties:

Answer 22

prosecutor: has the obligation to disclose relevant matters to the accused to prevent a ‘trial by ambush.’ they both have the opportunity to present their case.

accussed: has no obligation to present evidence or say or do anything in the trial.

Question 23

what are the weaknesses of parties?

Answer 23

• processes are difficult to understand without a lawyer, difficult for a self-represented accused.
• ‘party control’ and the right to silence could mean that the truth may not come out.
  e.g. when the accused stays silent but is the only person who knows what happened, makes victims and family feel unjust.