The Victorian Criminal Legal Justice System Flashcards
Identify the principles of justice
Access, equality, fairness
Explain the principle of justice; access
Access to the criminal justice system means that all people should be able to understand their legal rights and pursue a legal case. Access, in simple terms, means to be able to use or apply something, thus access to the legal system means that all people have a right to use the legal system and employ it to help them achieve justice.
Explain the principle of fairness
In the legal system, fairness means that every person should receive fair processing and a fair hearing. A person is entitled to have their case heard in an impartial and objective manor, to understand the court processes, to have the opportunity to be defended, and have the opportunity to rebut the prosecution case. Fairness is not necessarily the same as equality, as is often the case in society; to treat someone fairly, it is likely they must be treated differently.
Explain the principle of equality
The justice principle of equality accounts for the fact that every person is equal before the law, and no person should be treated with discrimination in regards to their race, age, gender, sexuality etc
Distinguish between summary and indictable offences
A summary offence is characterised as being a minor offence, which are listed in the Summary Offences Act, 1966 (Vic). These offences usually only have a maximum sentence of 5 years imprisonment and can only be heard in the Magistrates Court without a jury. Indictable offences, on the other hand, are more serious offences, all of which are listed in the Crimes Act 1958 (Vic). These carry more serious sanctions and are usually heard in the County or Supreme Court, however they can sometimes be heard as a Summary offence in the Magistrates Court, if the maximum sentence is 10 years imprisonment or less, and if the court agrees.
Explain the burden of proof
The burden of proof refers to a legal principle that determines who, in a legal case, holds the onus of proving the guilt (or innocence), of the accused. In all legal cases, the burden of proof lies on the party that is bringing the case forward. In a criminal case, that means the prosecution must prove the guilt of the accused.
Link the burden of proof to the principles of justice
The burden of proof helps to uphold the principles of justice of fairness, as placing the responsibility of proving the guilt of the accused on the prosecution means that the accused is never seen as guilty before a final verdict. This helps uphold the legal principle of “innocent until proven guilty”, for if a party if accusing a person of committing a crime, the responsibility should be on that party to prove it.
Explain the standard of proof
The standard of proof refers to the strength of the evidence required to prove a case. In a criminal case, the standard of proof is “beyond a reasonable doubt”. This means that, for an accused person to be found guilty of a crime, there must be no reasonable doubt in the jury’s mind (beyond reason).
explain the presumption of innocence.
This refers to a legal and human right of accused persons to be viewed as innocent (not guilty) until proven guilty. This is imposed by setting a high standard of proof on the prosecution and a burden of proof as well.
Identify the rights of the accused
The right to a fair hearing, the right to be tried without unreasonable delay and the right to a trial by jury.
Explain the right to a fair hearing
This is a right available to the accused that means that an accused is entitled to have a competent, impartial and professional court hear the case and decide the charge or proceeding, and that the hearing be fair and public.
Explain the right to be tried without unreasonable delay
The right to be tried without unreasonable delay refers to the right available to the accused that outlines that a delay in a trial due to unreasonable circumstances are not to be tolerated. There are some instances where a delay in trial is reasonable, for example complexity of the case and legal issues involved. However, delays due to discrimination (age, race, gender, sexuality etc) are unreasonable and go against this principle.
Explain the right to a trial by jury.
Section 80 of the Australian Constitution outlines an accused person’s right to be tried before a jury. This means that the public has a say in the outcome of the case, which is important because it means community values are reflected in the legal system. However, this right only exists for indictable offences.
Identify three rights available to victims
The right to give evidence as a vulnerable witness, the right to be informed of proceedings, the right to be informed of the likely release date of the accused.
Explain the right to give evidence as a vulnerable witness
A vulnerable person in a criminal case refers to a person under the age of 18, a person with a cognitive impairment, or the alleged victim of a sexual assault or family violence. In particularly sensitive cases, it is likely that giving evidence may be an intimidating experience for some people. Due to this, alternative arrangements can be made in order to make the experience more comfortable. For example, screens can be used to block the line of sight between the accused and the victim, a support person may be present whilst the victim/witness is giving evidence, and the legal practitioners may be requested to wear casual clothes rather than legal robes.
