Topic 3

Question 1

Definition of an adversarial trial

Answer 1

a contest between two parties in front of an impartial adjudicator to resolve conflicts

Question 2

How does an adversarial trial run?

Answer 2

The parties define the dispute, explain the issues that are to be determined and each has the opportunity to present his or her side of the argument

Question 3

How does an Inquisitional trial run?

Answer 3

Judge: runs the trial, calls on witnesses, asks questions, on the hunt for the truth
Parties: only have the chance to ask questions when the judge has finished
Jury: non existent

Question 4

Role of the Judge

Answer 4

• ensures that the rules of evidence and procedure are followed to ensure a fair trial
• they must remain independent and neutral, not assist either party, listen to everything and not intervene unnecessarily

Question 5

Role of the parties during the trial

Answer 5

Before Trial:
They collect and review evidence & determine strategy
During Trial:
Give an opening and closing address, decide which witnesses to call on and which order & object to evidence they don’t want to be used in the trial
After: if the accused is found guilty, make submissions regarding the sentencing/sanction

Question 6

What happens in: Investigation & Charging of Accused

Answer 6

• a police investigation takes place to gather evidence and a decision is made whether or not there is enough evidence to ‘accuse’ an individual of a crime
• if police charge the accused, they are to gather more evidence

Question 7

What happens in: Collection of Evidence & Plea

Answer 7

• Once the police have collected all of the evidence, they then have to share thatevidence with the prosecution, and also with the accused. Once the accused person has seen all of the evidence against them, they make their decision on how they will plead to the charges

Question 8

What happens if the accused pleads guilty?

Answer 8

• no trial takes place
• the case goes to a sentencing hearing

Question 9

1st thing judge does in sentence hearing

A judge hears this

Answer 9

1. Hear a summary of the charges, an explanation of the sentencing range, & recommended sentence for the prosecution

Question 10

2nd thing judge does in sentence hearing

Answer 10

2. Hear character evidence from the defence & other submissions about why the sentence shouldn’t be too harsh

Question 11

3rd thing judge does in sentence hearing

when the accused has plead guilty ans they are deciding the sanctions

Answer 11

3. Make a decision on the relevant sentence. Accused is entitled by law to receive a discounting on their sentence

Question 12

List types of Evidence

Answer 12

1. Statements by witnesses
2. Fingerprints & DNA
3. Video footage
4. Images

Question 13

What happens if an accused pleads not guilty?

Answer 13

It goes to a committal hearing

Question 14

Define Plea Negotiation

Answer 14

is where the accused person negotiates with the prosecution around what type of sanction they will receive if they plead guilty

Question 15

What is a commital hearing? (not guilty plea)

Answer 15

a pre-trial hearing for indictable offences which are going to be tried in the County or Supreme court, where the accused pleads not guilty

Question 16

What happens during the committal process: Magistrate Hearing

Answer 16

It is an exchange of positions, evidence, and arguments between the two parties
- happens in the Magistrates court where the magistrate witnesses and decided whether or not to go to trial

Question 17

Explain 3 purposes of Committals

Answer 17

1. To decide if there is enough evidence to justify holding a full trial before a Jury in the County or Supreme court
2. Ensures the accused gets a fair trial
   Seeing the evidence collected against them at the committal hearing, helps them to decide their plea and prepare them for trial
3. To find whether the accused wishes the plead guilty or not guilty.
   An early guilty plea leads to a discounted sentence, saving both time and money

Question 18

What is the purpose of a trial?

Answer 18

to determine the guilt or otherwise of the person charged with the crime

Question 19

List the potential outcomes of a trial:

Answer 19

1. The accused is guilty
2. The accused is not guilty
3. The accused is guilty of some charges, but not others
4. A hung Jury

Question 20

What is a hung jury

Answer 20

A totally new trial with a new jury is heard

Question 21

What is evidence?

Answer 21

facts or information to support an assertion

Question 22

What is irrelevant evidence?

Answer 22

Things that are not relevant or material to the matters in dispute in the trial cannot be admitted in evidence
- can distract the jury

Question 23

What is Hearsay evidence?

Answer 23

an out-of-court statement, where an individual is not under oath and therefore it is inadmissible in trial as it may not be factual.
- the credibility cannot be tested
- ‘second hand’ news

Question 24

What is Improperly Obtained Evidence?

Answer 24

to ensure fairness & justice is achieved:
- police must not threaten people to make them confess to crimes
- people should know their rights before they answer any evidence
- police should only conduct searches in accordance to the law

Question 25

Evidence requiring expertise from a non-expert witness

Answer 25

One restriction is that regular people (people without specialist knowledge or training) should not be asked questions requiring specialist training or knowledge to answer

Question 26

How is a witness statement formed? What is it?

Answer 26

- a record of what witnesses saw, in their own words - numbered paragraphs - focused on the facts

Question 27

Summary: Role of Jury in a Criminal Trial

Answer 27

1. Listen to all of the evidence 2. Reach a Verdict 3. Never talk about Jury room deliberations

Question 28

1. Listen to all of the evidence. Expand

Answer 28

- Try to concentrate - Ask the judge to clarify things when needed - Don't undertake own investigation

Question 29

2. Reach a Verdict. Expand

Answer 29

- For only the most serious offences, it needs to be unanimous (12/12) - For most others, a majority verdict (11/12) is permissible

Question 30

3. Never talk about jury room deliberations. Expand

Answer 30

- Juries do not have to give reasons for their decisions - After the case, juries must never disclose what happened in the courtroom.

Question 31

Plea Negotiation - Multiple Charges

Answer 31

In cases involving multiple charges, the accused may plead guilty to some charges while the prosecution agrees to drop others or to reduce the severity of the remaining charges.