Short answer test

Question 1

Define presumption of innocence

Answer 1

A person charged with a criminal offence has the right to be presumed innocent until proven guilty

Question 2

How does presumption protect an accused

Answer 2

Ensures the accused is informed of the charge, provided defense and given a fair trial
- proceedural fairness, rule of law

Question 3

Define onus of proof

Answer 3

Responsibility of proving the facts of the case against the defendant by the prosecution, must be proven beyond reasonable doubt for a guilty verdict (12/12 jurors)

Question 4

How does the onus of proof protect an accused

Answer 4

An accused does not have to prove their innocence
High standard of proof required to reach a guilty verdict
High standard of proof blamed for hung juries and delays in the criminal justice system

Question 5

Define bail

Answer 5

• someone charged with a criminal offence to be in society until their court hearing,
• upholding presumption of innocence
• Bail Act (TAS) 1994
• conditions such as regularly visiting police station or removing passport
• Must be bailed through the courts if not given a police bail document, balanced with community safety and individual rights

Question 6

How does bail protect an accused

Answer 6

allows accused to access legal representation and continue functioning in society (presumption of innocence)

Question 7

Why is bail sometimes refused

Answer 7

Some indictable offences like murder (community safety) or if judge is of the opinion the person will reoffend bail may not be granted

Question 8

Define impartial adjudicator

Answer 8

• ensures court proceedure is followed
• oversees court proceedings, explains certain laws and procedures to the jury, passive role
• decides admissibility of evidence (e.g. no hearsay)

Question 9

Strengths and weaknesses of impartial adjudicator

Answer 9

• independent of the state (although part of the judiciary) and has no connection to the parties for unbiased decisions
• makes decisions based on evidence presented in court
• limited role for the most experienced person in the court room as cannot make suggestions or assist parties to remain impartial

Question 10

Define role of the jury

Answer 10

Trial by peers or equals (latin)
a jury listens to the trial, decides the facts of the case based on evidence and delivers a decision (unanimously 12/12) from secret deliberation
Foreperson

Question 11

Strengths and weaknesses of role of the jury

Answer 11

S - Decision made by peers
W- Unclear how decision is made as deliberation occurs behind closed doors, a big role considering it is unsure how the fate of the case