SAC 1 Flashcards
chapter 3 - 4.4
cross examination
the questioning of witnesses called by the other side of a legal case
special arrangements for people under 18 with cognitive impairments
witnesses for sexual offence, assault, threat
- accused not in the same room as complainant
- accused not entitled to see or hear the complainant while giving evidence
- unauthorised people not allowed in the courtroom while evidence is given
protected witness
- a person who is to give evidence in a sexual offence or family violence case
- complainantant
- family member of the complanintant
- accused
- or any other witness the court declares protected
alternative arrangements for a vulnerable witness
- give evidence from a place other then court
- use screens to block the line of vision between the accused and the victim
- allowing a support person
- limiting the number of people allowed in court
the right to give evidence as a vulnerable witness
- considered to be at some kind of risk
- victim may feel uncomfortable and as a result may jeopardise the evidence they give
victims
- person who has suffered directly
- family member of a person under 18 or has a mental impairment (incapable)
- child under 16 who has been groomed for sexual conduct swell as their family
rights available to victims
- give evidence as a vulnerable witness
- be informed about the proceedings
- be informed of the likely release date of the accused
victims rights charter
- recognise the impact of a crime on victims
- reduces likelihood that a victim may suffer as a result of their interaction with the criminal justice system
rights protected by the human rights charter
- information of reason and nature of charge
- time and facilities
- to prepare a defence
- examination of a witness
- free assistance of an interpreter
- not to be tried more then once for the SAME offence
trial with no jury
*section 80 Australian constitution
- only a limited trial by jury
- section 80 only applies to commonwealth offences
the right to a trial by jury
- opportunity for community participation
- allows the law to be applied to the community standards
reasons for the public being excluded from a trial
- distress or embarrassment to a victum in a sexual offence
- children’s best interest
the right to a fair hearing
*2 parts
- every person has the right to have their case heard by a qualified and experienced judge/magistrate in an unbiased and objective manner
- must be fair and public, this ensures there is no secrecy and that the laws have been applied properly and fairly
international treaty
-a legally binding agreement between countries and inter-government organisations which is in written form and governed by international law
purpose human rights charter
- Charter oh human rights and responsibilities
- main purpose is to protect and promote human rights
- designed to ensure that any statute passed by the victorian parliament does not interfere with the human rights set out in this charter
reasonable delay in trial
- delays should only occur if they are considered reasonable
- complexity of the case and legal issues involved may influence the time it takes to go to trial
right to be tried without unreasonable delay
- have his/her charges heard in a timely manner
- without discrimination , race, age, gender, disability
- effect of trial is greater then an adult
- should be brought to trial as quickly as possible
rights of an accused
*3 rights
- right to be tried without unreasonable delay
- right to a fair hearing
- right to a trial by jury
bail
- the release of n accused person from custody
- on condition that they will attend a court hearing to answer charges
presumption of innocence
guarantee by the state to citizens that if they are accused of a crime they will be treated as innocent until proven guilty beyond reasonable doubt
balance of probabilities
- standard of proof in civil disputes
- requires the plaintiff to establish that it is more likely then not that his/her side of the story is right
beyond reasonable doubt
- standard of proof in a criminal case
- requires the prosecution to prove their is no reasonable doubt that the accused committed the crime
standard of proof
- degree or extent to which a case must be proved in court
- strength of evidence needed to prove the case
- prosecution must prove the case beyond reasonable doubt
burden of proof
- responsibility of a party to prove a case in court
- lies with the protection, to establish the facts
indictable offences heard and determined summarily
- serious offence that can be heard and determined as a minor offence if the accused agrees
- quicker
- cheaper
- maximum penalty can be handed down
- court must agree that the offence is appropriate to be heard summarily
indictable offence
- serious criminal offence
- heard in a Supreme Court or county court
- in-front of a judge and jury
- murder
- drug trafficking
- homeside
- manslaughter
summary offence
- minor criminal offence
- heard in a magistrates court by a magistrate
- drink driving
- minor assaults
- disorderly conduct
access
- one of the principles of justice
- everyone should be able to understand their legal rights
- pursue their case
- access to institutions, courts
- access to bodies, legal advice, legal representation
difference between fairness and equality
- equality, everyone gets the same treatment
- fairness, everyone gets treated differently
aspects of equality
whether the system disadvantages certain groups in society, mental health issues, unable to understand English
equality
- one of the principles of justice
- people should be equal before the law
- have the same opportunity to present their case as anyone else, without advantages or disadvantages
- all people should be treated equally regardless of their beliefs, age, gender, sexuality
appeal
-application to have a higher court review a ruling (decision made by a lower court)
rule of law
- principle that everyone in society is bound by law and must obey the law
- laws should be fair and clear, so people are willing to obey them
aspects that relate to fairness
- laws and court rules being applied properly
- time it takes for a case to be heard )delays)
- availability of a legal representation (accused, victims)
- accused to know the evidence that will be brought against them
- appeal
- understand legal processes and terminology
- treated impartially (without fear or favour)
fairness
- principle of justice
- having a fair hearing (the parties in a legal case should have the opportunity to know the facts of the case and have the opportunity to present their side of events)
- fair trial (understand court processes and have the opportunity to disprove the. prosecutions case)
4 people and organisations that are able to prosecute a cause in court
- state
- office of public procedures
- director of public procedures
- accused
office of public prosecutions
(OPP)
director of public prosecutions
(DPP)
-work together on behalf of the crown to prepare and conduct criminal proceedings
parties to a criminal case
- state (government, represented by a prosecutor)
- accused (person or institution who has had an alleged crime committed against them
key stages in a criminal case
1-6
- investigation
- charges
- pre-trial
- determining guilt
- sentencing
- post sentencing
purpose of the criminal justice system and definition
- set of process and institutions used to investigate and determine the outcome of criminal cases
- decide whether an accused is guilty of an offence
- impose a sanction
strengths and weaknesses of plea negotiations
strengths:
- cost saving
- no trauma, stress, inconvenience
- reduced sentence
- certainty of out come
weakness:
- accused may feel pressured
- prosecutor avoiding the need to prove the cause beyond reasonable doubt
strengths and weaknesses of sentence indications
strengths:
- early determination of the case
- save money and resources
- open court
- accused not bound to accept
- minimise trauma, stress, inconvenience
weakness:
- not obliged to grant the accused’s request
- lesson the impact or need for a victim impact statement
appropriateness of sentence indications
- encourage early finalisation of a criminal case
- the strength of evidence against an accused
- the type of offence and the court hearing the charges
- whether there is significant information to make a decision
purpose of sentence indications
- provide the accused with some clarity about the likely sentence that will be imposed
- make early decisions to plead guilty
appropriateness of plea negotiations
- may only occur if its in the publics best interest
- whether he/she is willing to plead guilty
- whether an accused is willing to cooperate
- strength of the prosecutors case
- time and expenses involved
purpose of plea negotiations
- resolve a criminal case by insuring a plea of guilty to a charge adequately reflects the crime that was committed
- to achieve a prompt resolution a criminal case without the cost, time, stress, trauma and inconvenience of a criminal trial/hearing
sentence indication
-a statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence
what is plea negotiations
- trial discussion that takes place between the prosecution and the accused
- aimed at resolving the case by agreeing on an outcome to the criminal charges laid
strengths and weaknesses of committal proceedings
strengths:
- save time and resources
- innocent until proven guilty
- accused informed of the prosecutions case
- withdrawal of charges
weakness:
- expensive
- add to the delay of trial
- contribute to stress and trauma
- unnecessary (extra stress to victims and families)
director of public prosecutions
- independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the crown
- after committal proceedings, when an accused has been committed for trial, the documents are transferred to them
committal hearing
- final stage of a committal proceeding
- after all the evidence the magistrate decides whether or not to commit the accused
purpose of committal proceedings and definition
- hearing that takes place in the magistrates court for indictable offences
- see whether a charge for an indictable offence is appropriate to be heard and determined summarily
- find out whenever the accused plans on pleading guilty or not guilty
- make sure the trial is fair
specialist CLC
- focus on an area of law or group of people
- young people
- asylum seekers
generallist CLS
-provide service to people who live in a specified geographical area
duty lawyer
- advice or representation in court
- magistrates court
role of the victorian legal aid and definition
- government agency that provides free legal advice to the community (no cost, low cost)
- provide legal aid at a reasonable cost
- provide the community with improved access to the criminal justice system
- minimise the need for individual legal services
- follow a criteria on who to assist
community legal centres
- independent organisation that provides free legal services to people who are unable to pay
- legal assistance
- legal advice
- information
- representation
- follow criteria on who to assist
role of institutions available to assist an accused
- victorian legal aid
- community legal centres
- if a person is charged with a serious indictable offence through no fault of their own and unrepresented to seek a representative to receive a fair trial
- people who don’t have enough money to afford a legal representative, government funded institutions may be able to help them
victims register
- a database maintained by the state of Victoria
- set up to provide the victims of violent crimes with relevant information about adult prisoners while they are still in prison (likely release date)
the right to be informed of a likely release date
- victim of a criminal act of violence (rape, stalking, kidnapping, assault)
- person who is registered on the victims register may receive certain information about the offender who has been imprisoned
examination-in-cheif
the questioning of ones own witness in court in order to prove ones own case and disprove the opponents case
aspects of access
- availability of plea negotiations and sentence indication
- availability of legal advice and assistance
- availability of courts and legal processes
