the criminal trial process Flashcards
what is court jurisdiction?
court jurisdiction is the system that refers to the type of legal matters that each court has the power to hear and make decisions on, based on the court hierarchy
what courts fall under the category of ‘lower courts’?
- Local Court
- Coroner’s Court
- Children’s Court
what courts fall under the category of ‘intermediate courts’?
- District Court
what courts fall under the category of ‘superior courts’?
- Supreme Court
- High Court
what is the adversary system?
the adversary system (or adversarial system) is the court system followed in Australia, which relies on two opposing sides each presenting their own positions, with an impartial judge or jury hearing each side and determining the truth in the case, as opposed to the inquisitorial system, in which a judge or group of judges play a role in investigating the case
what are judges and magistrates?
a judge is a judicial officer who presides over intermediate and superior courts, overseeing proceedings, maintaining order in the courtroom and ensuring that the procedures of the court are followed, and eventually reaching a verdict and handing down sentences and rulings; magistrates hold the same role as judges in lower courts
what are prosecutors?
prosecutors are the representations of the state or the ‘Crown’ who bring the action against the accused, with the intention of obtaining an appropriate form of sanction or punishment for the offence
what is a police prosecutor?
a police prosecutor is a member of the NSW Police Force with specialised legal training to conduct prosecutions, and who typically appears as a prosecutor in a summary offence
what is the Director of Public Prosecutions (DPP)?
the Director of Public Prosecutions (DPP) employs public prosecutors to appear in court for indictable offences and for some summary offences
what are public defenders?
public defenders represent accused persons who cannot afford to pay for a barrister or solicitor, in circumstances in which the offender has been granted legal aid
what are pleas?
a plea is a formal statement of guilt or innocence by the accused
what are charge negotiations?
a charge negotiation is an agreement between the Director of Public Prosecutions (DPP) and the accused that involves the acceptance of a guilty plea, usually in exchange for something else
what is the role of legal representation in the criminal trial?
criminal trials are complex and involve the potential loss of liberty for the accused, and therefore it is essential for an accused person to be represented by a legal professional who understands the law and can provide effective advocacy, leading to the right of legal representation held by all suspects of a crime
what is the burden of proof in the criminal trial?
aka. the ‘onus’, the burden of proof is the responsibility of the prosecution, to prove the case against the accused
what is the standard of proof in the criminal trial?
the standard of proof is the level of proof required for a party to succeed in the court, that being ‘beyond reasonable doubt’
how is evidence used in the criminal trial?
in order for evidence to be admissible in court it needs to be relevant to the case and legally obtained by the investigating police; evidence can exist in the form of real evidence, documentary evidence and witness testimony
how are witnesses used in the criminal trial?
when giving evidence, witnesses are required to take an oath, and will then be asked a series of questions regarding their factual first-hand knowledge or eyewitness testimony
what is the difference between complete and partial defences to a crime?
a complete defence to a crime is used to justify the defendant’s actions, and, if successfully proven, results in either dropped charges or an acquittal, whereas partial defences only apply to murder charges and, if proven, will result in the charges being lowered to manslaughter
what is the complete defence of mental illness/insanity?
the defence of mental illness or insanity requires the defendant to prove that they were mentally incapacitated when they committed the offence, meaning that they did not hold the mens rea to commit the offence eg. psychosis
what is the complete defence of involuntary behaviour/automatism?
the defence of involuntary behaviour or automatism similarly relates to the offender’s mens rea, requiring the defendant to prove that they committed the offence due to involuntary behaviour eg. an epileptic fit
what is the complete defence of mistake?
the defence of mistake is difficult to prove, but can be used if it can be shown that the accused’s action was an honest and reasonable mistake, meaning the defendant did not hold the mens rea necessary
what is the complete defence of self-defence/necessity?
the defence of self-defence or necessity requires the defendant to prove that they committed the offence whilst trying to defend themselves or another person against the victim, which can be risky as what the defendant sees to be ‘reasonable force’ against the victim may be different to what is seen as reasonable by the jury eg. fighting back against an assault
what is the complete defence of duress?
the defence of duress requires the defendant to prove that they committed the crime against their own free will, and were pressured into doing so eg. disposing of a body under pressure
what is the complete defence of consent?
the defence of consent is typically used in cases of sexual assault, in which the defendant must prove that the victim consented to what happened to them
