The roles of the key personnel within a criminal case including the judge, jury magistrate and jury and the parties Flashcards
What is a magistrate
A magistrate is a figure in a criminal case, a magistrate hears summary offences within the magistrates court and determines the outcome of the case based on the facts of the case and will hand down the sanction.
What is a judge
A judge is a figure within a criminal case that hears indictable offences within the county and supreme court. They determine the sanction that should be handed down after the jury gives a guilty or non guilty verdict.
What is a jury in a criminal case
A jury is a random selection of 12 people within society that listens to the facts of the case and must give a guilty or not guilty verdict at the end of a trial. They are only for indictable offences and those who plead not guilty.
What is the prosecution
A prosecution is the party which that brings the criminal case to court due to their allegations against the accused.
What is an accused individual
An accused individual is a person who has been charged with a criminal offence of some sort.
What are the roles of a judge/ magistrate
-Act impartial (acting in a way that does not particularly favour one party
-Manage the trial or hearing- by ensuring rules of evidence and procedures are followed, ask questions of the witnesses occasionally, make decisions on where evidence should be included or not, adjust the trial if there is disparity between parties
-Decide or oversee the outcome of the case e.g. giving instructions to the jury
-Sentence the offender, give a sentence based on the sentencing guidelines in the sentencing act
Strengths of a judge and magistrate in relation to the POJ
Fairness- judges are independent and unbiased
Equality- judges enure the rules of evidence are consistent across all trials
Access- Judges can apply court rules to protect victims, judges can explain points of power to jury members to improve understanding
Weaknesses of judges and magistrates in relation to the POJ
Fairness- judges can only explain court procedures and cannot assist self represented parties
Equality- Judges are only human and may have personal biases
Access- Judges rely on the parties to represent all relevant evidence during the trial
Roles of the jury
-Be objective, must not bring any biases and cannot have relations with either of the parties
- Listen and remember evidence- must be able to make sense of all the evidence
- Understand directions and summing up- judges will sum up evidence and explain rules and procedures that a jury must know
-Deliver a verdict- They must give a guilty or not guilty verdict at the end of proceedings, and they aim for a unanimous decision meaning all 12 jurors gave the same verdict. a majority verdict may be accepted for cases apart from murder and treason.
Strengths of a jury in relation to the POJ
Fairness- Trial by peers, reflects the community values and random selection of society
Equality- all accused people charged with an indictable offence are entitled to a trial by jury
Access- jurors enure less legal jargon promoting access as more people can understand the system
Weaknesses of a jury in relation to the POJ
Fairness- Legal cases are complex and legal can be hard to understand
Equality- Some individuals are ineligible or disqualified from jury service, meaning not all community members can be a part of a jury.
Access- Very few matters are heard by a trial by jury
Role of the prosecution
-Disclose information to the accused, they must disclose all the evidence that will be used, if not the evidence will not be accepted by the judge
- Participate in the trial or hearing- they must present the opening address, present evidence, cross examine witnesses the accused calls, make the closing address
Make submissions about sentencing (helping the judge sentence)
Roles of the accused
-Participate in the trial or hearing, presenting the opening address,Present evidence that supports their case through witnesses, Cross- examining witnesses called by the prosecution, Making a closing address after the prosecution
-Make submissions about sentencing (which may lower the sanction)
