Topic 3 Flashcards
1. The adversarial trial 2. What happens before a criminal trial 3. The criminal trial procedure 4. Evidence and juries in a trial 5. Culpable driving and dangerous driving
Definition of an adversarial trial
a contest between two parties in front of an impartial adjudicator to resolve conflicts
How does an adversarial trial run?
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
How does an Inquisitional trial run?
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
Role of the Judge
- 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
Role of the parties during the trial
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
What happens in: Investigation & Charging of Accused
- 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
What happens in: Collection of Evidence & Plea
- 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
What happens if the accused pleads guilty?
- no trial takes place
- the case goes to a sentencing hearing
1st thing judge does in sentence hearing
A judge hears this
- Hear a summary of the charges, an explanation of the sentencing range, & recommended sentence for the prosecution
2nd thing judge does in sentence hearing
- Hear character evidence from the defence & other submissions about why the sentence shouldn’t be too harsh
3rd thing judge does in sentence hearing
when the accused has plead guilty ans they are deciding the sanctions
- Make a decision on the relevant sentence. Accused is entitled by law to receive a discounting on their sentence
List types of Evidence
- Statements by witnesses
- Fingerprints & DNA
- Video footage
- Images
What happens if an accused pleads not guilty?
It goes to a committal hearing
Define Plea Negotiation
is where the accused person negotiates with the prosecution around what type of sanction they will receive if they plead guilty
What is a commital hearing? (not guilty plea)
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
What happens during the committal process: Magistrate Hearing
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
Explain 3 purposes of Committals
- To decide if there is enough evidence to justify holding a full trial before a Jury in the County or Supreme court
- 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 - 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
What is the purpose of a trial?
to determine the guilt or otherwise of the person charged with the crime
List the potential outcomes of a trial:
- The accused is guilty
- The accused is not guilty
- The accused is guilty of some charges, but not others
- A hung Jury
What is a hung jury
A totally new trial with a new jury is heard
What is evidence?
facts or information to support an assertion
What is irrelevant evidence?
Things that are not relevant or material to the matters in dispute in the trial cannot be admitted in evidence
- can distract the jury
What is Hearsay evidence?
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
What is Improperly Obtained Evidence?
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
Evidence requiring expertise from a non-expert witness
One restriction is that regular people (people without specialist knowledge or training) should not be asked questions requiring specialist training or knowledge to answer
How is a witness statement formed? What is it?
- a record of what witnesses saw, in their own words
- numbered paragraphs
- focused on the facts
Summary: Role of Jury in a Criminal Trial
- Listen to all of the evidence
- Reach a Verdict
- Never talk about Jury room deliberations
- Listen to all of the evidence. Expand
- Try to concentrate
- Ask the judge to clarify things when needed
- Don’t undertake own investigation
- Reach a Verdict. Expand
- For only the most serious offences, it needs to be unanimous (12/12)
- For most others, a majority verdict (11/12) is permissible
- Never talk about jury room deliberations. Expand
- Juries do not have to give reasons for their decisions
- After the case, juries must never disclose what happened in the courtroom.
Plea Negotiation - Multiple Charges
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.
