U3A1 part 2 lesson 4 Flashcards
factors influencing the criminal justice system
cost
time
cultural differences
impacts of cost within the justice system: Barrister fees
Hiring barristers to present arguments and question witnesses in court.
Costs for barristers can range from $300 -$1000 p/h for King’s Counsels
impacts of cost within the justice system: cost to appeal
- an offender seeking to appeal against a verdict, sentence or sanction will need to pay for filing fees, a solicitor to prepare written documentation for the appeal and a barrister to present arguments to the judge in the appellate court
eg.) in COA filling appeal cost $2488 to commence
impacts of cost within the justice system: witness fees
payments made to expert witnesses to challenge witness statements
in county courts, witness fees are $197-$395 per hour. Doesn’t exceed $2456 per day.
how cost within the justice system is addressed: access to the VLA and CLC
•Ongoing funding into VLA and CLCs to ensure more locations and resources are provided for individuals to access
• Strict income, means and merits criteria to ensure that most vulnerable individuals receive access
• Additional resources such as online websites created to cater for self-represented individuals
how cost within the justice system is addressed: plea negotiations
• Allows the opportunity for the accused to discuss with the prosecution a plea to lesser or fewer charges
•Promote early resolution of criminal case
• Decrease in costs for the accused
impacts of time (delays) on parties : victim
The longer the case is delayed, the longer the suffering of the victim and their family. In this period of limbo, there is no closure and no certainty that justice will be served.
impacts of time (delays) on parties : accused
Awaiting a trial with an outcome unresolved is stressful for an accused person and their family.
The accused may be held in remand during this time limiting their freedom.
impacts of time (delays) on parties: witness
Giving evidence in a criminal trial can be extremely stressful for witnesses and, as such, delays when awaiting this process can add to a witness’ stress.
Criminal trials often rely on oral evidence; however, memories of witnesses may fade over time - this limits accuracy + reliability of witness statements = accused may be wrongly declared innocent or found guilty based upon false evidence.
cause of time (delays) within the justice system:
- Court backlogs - the caseload of Victorian courts continuously grows. In 2021 - 2022, 83,000 criminal cases were waiting to be heard by Magistrates across Victoria.
- The collection of evidence to put together a convincing case
- Judges giving directions to juries under Juries Direction Act 2015
- The County Court of Victoria estimates that a case will take 14 - 16 months to be ready for trial
how time (delays are addressed): extra funding
During 2022 - 2023, $300 million was spent improving the court systems - $41 million was designated to
clearing backlogs in cases held over from Covid years
how time (delays are addressed): use of technology
- Use of digital technology means that the accused can attend hearings remotely
- Accused can remain in remand and attend via video link
- Online Magistrates’ court program enables cases to be heard online with parties appearing from remote locations
impacts of cultural difference within the justice system: refugees and recent migrants
- English is not the first language for recent migrants + refugees = making it difficult to give oral evidence/self-represented parties may find it very difficult to prepare their case + file court documents
- Criminal justice system is complex with legal jargon = some resources/documents may not be translated/properly translated - this could lead to confusion
- Individuals with limited comprehension of English may fail to understand their rights, find it challenging to address the jury, respond to questions in court. They may also lack the comprehension to participate thoroughly in a plea
impacts of cultural difference within the justice system: cultural taboos
- In FN cultures, it is considered taboo to speak of certain things such as names of deceased people or mention gender-based knowledge in front of other genders
- In other cultures, the retelling of sexual abuse or domestic abuse can be considered a shame on the family and hence highly discouraged as it is seen as dividing the family
impacts of cultural difference within the justice system: direct questioning
Giving oral evidence is the main method used to outline information to the court - This can be inappropriate
for First Nations witnesses x used to this method
In many FN cultures, group agreement + long discussions = way to resolve disagreement
FN Australians may avoid eye contact + remain silent more often than non-indigenous Australians since it is considered respectful however this can be misunderstood as being non-cooperative and dishonest
how cultural differences are addressed: use of koori court
Aims to provide more First Nations offenders with access to culturally-relevant sentencing that more effectively acts to reduce reoffending.
conditions of of koori court
Koori Court = criminal division of Mag. + County Court = sentencing court, not a trial court.
Accused must plead guilty
how cultural differences are addressed: interpreters
Interpreters are available for all accused persons, and the onus to pay and arrange for an interpreter is on the courts, as opposed to the accused. This allows all non-English speakers to understand court proceedings better without having to pay significant expenses
sentencing procedure of koori court
informal, involves opportunities for individuals to tell their story to Elders + receive support of their family
restrictions on Koori court
cannot hear matters relating sexual offences, family violence or breach of an Intervention order
