The Criminal Trial Process Flashcards
Court hierarchy
Lower- local, children’s, coroners
Intermediate- district, supreme, court of criminal appeal, federal court
High- high court
Local court aspects + legislation
Local courts act 1982 (NSW)
Presided over by magistrate, no jury
Deals with summary matters and less indictable matters and committal hearings to determine Prima facie case
Civil jurisdiction up to $100000
Children’s court
Children’s court act 1987 (NSW) Under 18 or under 21 if they were less than 18 when charged. Closed court Magistrate and no jury Purpose is rehab
Coroners court
Presided over by a coroner and deals with u explained deaths and fires
District court
District court act 1973 (NSW)
Appellate jurisdiction.
Presided over by judge and trial by jury
Deals with majority of serious criminal offences
Civil up to $750000
Supreme Court
Supreme Court act 1970 (NSW) Appellate jurisdiction Deals with error of law by magistrates Presided by a judge and trial by jury Most serious criminal offences (murder)
Court of criminal appeal
Appellate jurisdiction-highest criminal appeal
Federal court
Judiciary act 1903 (CWLTH)
Deals with commonwealth offences
High court
Constituted by judiciary act 1903 (CWLTH)
Highest appeal court, hears appeals and criminal matters for existing areas of law that require classification and new areas of law
Drug court +act
Drug court act 1998 (NSW)
Aims to tackle recidivist behaviour by breaking the cycle of addiction and crime by more therapeutic approach
Aspects of the adversary system
Inherited from British common law
Two opposing parties
Neutral third party
Court ruling can be appealed
What is the role of a magistrate?
Presides over local court
If accused pleads guilty determines sentence
If pleads not guilty determine guilt then sentences
Hear committal hears to determine if a prima facie case exists
Role of a judge
Oversee the conduct of the trial, rule on admissibility of evidence, rule on points of law and instruct the guilty. Will then determine sentence if found guilty
What do prosecutors do
Represents the state (society) to prosecute a crime in court in support of the prosecution
What is a police prosecutor? where do they work?
Police officer with legal training
Works in the local court as prosecutor
What is the Director of public prosecutions responsible for? + act
Crown prosecutors who carry indictable matters
Director of Public Prosecutions Act 1986 (NSW)
What does a public defender do
Support the case of the defence for people with legal aid
What are the types of pleas?
guilty
not-guilty
3 types of charge negotiations
- pleading guilty to a lesser charge
- Same charge with a change of facts
- Agree to some charges but not all, on the basis that the remaining charges will not be proceeded with
What is the right to legal representation (legal aid)?
Not absolute but do have implied right. Children will always get representation
Criteria of legal aid
- means: income (>$400/week)/assets
- merit: chances of success
- jurisdiction: is it the type of case they can fund
Who has the burden of proof in a criminal hearing?
Prosecution
What is the standard of proof in a criminal matter?
Beyond reasonable doubt
How are witnesses used as evidence?
Get sworn in by oath/affirmation and are then cross examined to test truth of evidence
Evidence act-what is it for
Evidence Act 1995 (NSW)
outlines the way evidence must be obtained
4 complete defences + relevant cases
- insanity- R v. Porter
- Self defence- Viro v. queen
- Compulsion: necessity - holmes v. US & duress
- Consent
What legislation allows for partial defences and what does it achieve
Section 23 of the crimes act 1900 (NSW)
murder to manslaughter
2 types of partial defences
Provocation
Diminished responsibilty: suffers abnormality of the mind- r v. Byrne
What is the role of juries + act
Determines guilt based on evidence presented
Jury Act 1977 (NSW)
What are the 2 types of challenges to the jury
- Pre-emptory: up to 3- no reason required
2. Cause: unlimited - reason required
What did the Jury Amendment Act 2006 (NSW) allow?
10:1 or 11:1 verdicts after at least 8 hours deliberation
Arguments for jury
- reflects societies attitudes
- independent
- decision made by more than one person
Arguments against jury system
- some people are exempt therefore not full reflection of society
- no reason needed
- lack of legal understanding
Judge only trials- act + what used for
Criminal procedure act 1986 (NSW) amendment 1990
Mainly used for celebrities were it is too hard for jury to be impartial (Cardinal Pell)
