U3 AOS1 The Australian Criminal Justice System (3)

Question 1

Plea negotiation

Answer 1

Discussions between the prosecution and an accused person, in which the accused may agree to plead guilty to a charge or charges against them in exchange for certain benefits.

Question 2

What does a plea negotiation lead to?

Answer 2

The withdrawal of some other charges, and a reduction in the severity of the charge (such as an accused charged with murder, agreeing to plead guilty to a lesser charge such as manslaughter).

Question 3

Describe three purposes of plea negotiationse

Answer 3

Speed up proceedings; if there is a possibility a criminal matter can be resolved without the need for a trial it is generally in the best interests of both parties to do so;

Reduces the courts’ workloads, minimising delays for matters that do go to trial;

Secure a conviction in cases where witnesses may be reluctant to give evidence and/or some evidence may not be admissible in court;

Question 4

When may plea negotiations be appropriate?

Answer 4

Obtaining additional information will provide much needed closure to a victim’s family (i.e., revealing the location of a body);

Victims and witnesses are reluctant to give evidence (or giving evidence will be particularly traumatic for the victim or witnesses);

The accused is willing to plead guilty;

Question 5

When may plea negotiations be inapproproaite?

Answer 5

The accused is not prepared to plead guilty to any charges;

The alleged offending is so serious that a conviction for lesser charges is not in the public interest (and the perception the accused ‘got off lightly’ will be too great);

The victim (or their family) opposes such an agreement;

Question 6

Sentence indications

Answer 6

A statement by the court whether a guilty plea will or will not result in an immediate term of imprisonment.

Question 7

Sentence indications for indictable offences

Answer 7

Prior to their trial a person charged with an indictable offence can request from the County Court or Supreme Court judge, an indication of whether a guilty plea will be likely, or will not be likely, to lead to an immediate prison term based on an agreed set of facts.

Question 8

Sentence indications for summary offences

Answer 8

In the Magistrates’ Court, a magistrate can give a sentence indication at any time for a summary offence.

Question 9

If a sentence indication is given and the accused pleads guilty..

Answer 9

The court cannot then impose a more severe sanction.

Question 10

If a sentence indication is given and the accused pleads not guilty..

Answer 10

The application for the sentence indication cannot be used as evidence of guilt.

Question 11

Describe three purposes of sentence indications

Answer 11

Put accused persons in a better position to make the decision to plead guilty/not guilty at an early stage in proceedings (by providing extra information about the consequences of doing so);

Reduce the number of matters in which accused persons plead guilty late in proceedings;

Expedites the court process;

Question 12

When are sentence indications appropriate?

Answer 12

The accused has applied for a sentence indication;

The prosecution consents to the application for a sentence indication;

Question 13

When are sentence indications inappropriate?

Answer 13

A sentencing indication is not appropriate (and will not be given) if the court does not have sufficient information about the impact of the offence on the victim.

Question 14

Court hierarchy

Answer 14

The arrangement or rank of courts closely related to their jurisdiction in order from least formal and superior to most formal and superior.

Question 15

Court’s jurisdiction

Answer 15

The boundaries of power a particular court has to hear and determine disputes.

Question 16

Original jurisdiction

Answer 16

A court’s power to hear a case for the first time or ‘at first instance’ that is when a case has never been tried before.

Question 17

Appellate jurisdiction

Answer 17

A court’s power to hear a case on appeal, that is once a case has already been tried and a party seeks a review of some aspects of the decision be it the guilty verdict, the sanction imposed or a question of law.

Question 18

Criminal jurisdiction

Answer 18

A court’s power to hear criminal matters.

Question 19

Appeal

Answer 19

An application to have a higher court review a ruling made by a lower court, in which the appellant has to prove they have the grounds or reason to appeal, as an appeal is not an automatic right.

Question 20

Appellant

Answer 20

A party to a case seeking an appeal.

Question 21

Appeals process as a reason for a court hierarchy

Answer 21

The court hierarchy allows parties to appeal if there are dissatisfied with the decision handed down in a lower court. A court hierarchy is necessary for appeals to operate because without the courts being ranked from lower to higher courts, it would not be possible to have decisions reviewed by a superior court.

Question 22

Specialisation

Answer 22

The courts’ judges and staff developing expertise in particular criminal disputes and criminal procedures. This specialisation develops as a result of each court regularly conducting criminal trials (or appeals) of a particular kind.

Question 23

Specialisation as a reason for a court hierarchy

Answer 23

A court hierarchy delivers specialisation by assigning each court a defined jurisdiction. Therefore courts develop expertise in the types of cases that come before them by determining similar cases frequently. Specialisation allows for more consistency when determining cases as judges have specialised knowledge in the cases that come before them.

Question 24

List an example of specialisation in the criminal justice system

Answer 24

Magistrates have developed skill and experience in knowing whether the evidence presented by the prosecution in a hand-up brief is of sufficient weight to support a conviction in a jury trial for an indictable offence, due to the frequency with which they conduct committal proceedings.

Question 25

List an example of appeals in the criminal justice system

Answer 25

The prosecution or a convicted offender appealing on the basis the law has been incorrectly applied or interpreted.

Question 26

List 4 responsibilities of the judge in a criminal trial

Answer 26

Apply the rules of evidence and procedure to ensure only admissible evidence is presented in court;

Being an independent umpire who can adjudicate without bias or preconceived notions;

Managing the empanelment of the jury (in the County Court or Supreme Court);

Directing the jury at the conclusion of the trial prior to the verdict being delivered such as explaining the burden of proof and the standard of proof to the jury, describing the law that applies to the facts and summarising the evidence presented by both parties;

Question 27

Judge

Answer 27

A public officer, or ‘umpire of the courtroom’ that is appointed to conduct and decide trials or hearings and resolve legal disputes in court. Additionally, judges oversee all personnel, rules of evidence and procedure.

Question 28

List 4 responsibilities of the jury in a criminal trial

Answer 28

To select a foreperson to communicate on the jury’s behalf with the court;

Keep statements made in the jury room confidential;

Determine the verdict that is a determination of whether the accused is guilty beyond a reasonable doubt, if they hold a reasonable doubt, they must deliver a verdict of ‘not guilty’;

Be alert, take notes, and keep track of (often complex) information;

Question 29

In which courts are juries used to deliver a verdict?

Answer 29

A jury is used to deliver a verdict in trials in the County Court and the Supreme Court (Trial Division).

Question 30

Jury

Answer 30

A group of 12 people representing a cross-section of the community, randomly selected from the electoral roll required to deliver a verdict of guilty or not guilty in trials for indictable offences, on the basis of evidence presented in court.

Question 31

Unanimous verdict

Answer 31

A jury verdict where all the jury members (i.e., all 12 jurors) agree and decide the same way (e.g., all agree the accused is guilty).

Question 32

Majority verdict

Answer 32

A jury verdict where all but one of the members of the jury agree with the decision. This means that 11 of the 12 jurors agree.

Question 33

List the parties in a criminal trial

Answer 33

The prosecution (represented by the police, who prosecute matters in the Magistrate’s Court and the Office of Public Prosecutions in the superior courts);

The accused;

Question 34

List the responsibilities of the prosecution in a criminal trial

Answer 34

To determine which witnesses to call to give evidence during the trial;

To communicate with victims of crime and other witnesses, about the trial process;

If an accused person is found guilty, make submissions to the court about the appropriate sanction to impose;

Question 35

List the responsibilities of the accused in a criminal trial

Answer 35

To enter a plea of ‘guilty’ or ‘not guilty’;

To decide whether to have legal representation, although having legal representation is desirable, an accused may choose to represent themselves;

To be present at all court proceedings related to their case (except when being tried for offences that can be heard in the absence of the accused, such as some summary offences);

If an accused person is found guilty at the conclusion of a trial, that person is entitled to put to the court a plea in mitigation;

Question 36

Plea mitigation

Answer 36

An application that contests the verdict stating reasons, why any sanctions imposed, should be more lenient.