Topic 3 Flashcards
What is the Adversarial trial?
- An adversarial trial is a contest between two teams in front of an impartial adjudicator to resolve conflicts.
Role of the judge in an adversarial trial?
- Judge ensures that the rules of evidence and procedure are followed to ensure a fair trial.
Role of the judge before, during and after the trial?
Before Trial
1. Selects Jury
2. In charge of pre-trial hearings/conferences.
During Trial
1. Ensures parties follow rules of the trial.
2. Decides objections and what evidence can and cannot be used.
After Trial
1. If no jury, decides whether accused person is guilty or not guilty
2. Decides sanctions (punishment)
Role of the parties before, during and after the trial?
Before trial
1. Collect and review evidence
2. Determine strategy
During trial
1. Give opening and closing addresses
2. Decide which witnesses to call and in what order
3. Question the witnesses
4. Object to evidence they do not want to be used in the trial
After trial
1. If the accused is found guilty, make submissions regarding sanctions/sentencing
Role of the jury?
- Listen to all of the evidence
- Act honestly in reaching their decision
- Not conducted their own investigation before or during the trial
- Cannot do Google searches on anyone or anything relating to the case
- Maintain absolute confidentiality regarding the jury deliberations
forever – cannot share deets even with their own family
What are the stages of pre-trial criminal procedure?
- Investigation and charging of the accused
- Collection of evidence and plea
- Committal hearing
Describe the 3 stages?
Investigation and charging of the accused: Arrest and Charge
Collection of evidence and plea: Finding all the evidence
Committal: A committal hearing is a pre-trial hearing for indictable offences which are going to be tried in the County or Supreme Court where the accused has pleaded not guilty.
How are juries selected? How many?
- Randomly selected from the electoral roll – this is the list of everyone aged 18 and above who has registered to vote.
- You have to enrol on the electoral roll.
- 12 jurors
What are the four ways to get out of jury duty?
Disqualified (recent criminal record, bankrupt), Ineligible (lawyer, police officer, prison worker), Challenge (One of parties to the case objects in the courtroom) and Excused (significant hardship).
Strengths of a jury?
- Independent and Impartial
- Allows community to be involved
- Spreads responsibility
- Minimises stress for judge
Weaknesses of a jury?
- Juries don’t have to give reasons for their decisions
- Sometimes hard to follow evidence in complex cases
- Jurors can be biased
- Jurors can be swayed by barristers
Overview of pre-trial procedure?
- Investigation and charging of accused
- Collection of evidence and plea
- Commital
- Trial
Overview of criminal trial procedure?
- Entry of Judge, introduction of barristers, accused plea’s to charges
- Opening addresses by prosecution and defence
- Prosecution calls each of its witnesses (3 stages of questioning –Examination in chief, Cross-examination, Re-examination)
- Defence calls each of its witnesses (3 stages of questioning)
- Closing submissions by prosecution and defence
- Judge ‘charges’ the jury (judge gives jury their instructions)
- Jury retires, deliberates and returns with verdict.
What is evidence?
Facts or information to support an assertion
What are the 3 types of evidence?
- Irrelevant evidence
- Hearsay evidence
- Improperly obtained evidence
