U3AOS1 The Criminal Justice System Part A Flashcards
Describe Fairness
Fair legal processes which ensure the just and impartial treatment of all accused persons and victims involved in the criminal justice system.
Examples of Fairness in Criminal Justice System
Right to appeal
Right to silence
Unbiased judge and jury
No prior convictions revealed until sentencing
Ability to present best case (legal rep
Describe Equality
all people are treated equally before the law and are neither at a disadvantage or an advantage due to personal characteristics
Examples of Equality in Criminal Justice System
Examples of personal characteristics:
religion
english as a second language
financial/social status
disability
age
Describe Access
the ability to understand rights and make use of the legal system
Examples of Access in Criminal Justice System
legal information/representation
courts
delays within system
Define summary offences
minor offence generally heard in the Magistrates Court.
Define indictable offences
serous offences generally heard before a judge and jury in the County or Supreme Court
Define indictable offences heard summarily
serious offences that can be heard and determined as a summary offence if the accused and court agree.
The court that hears summary offences is the _______
Magistrates Court (hearing)
The court that hears indictable offences is the ________
County or Supreme Court
The court that hears indictable offences heard summarily is the _______
Magistrates Court
Examples of summary offences are:
Disorderly conduct
Drinking offences
Minor assaults
Shoplifting
Examples of indictable offences are:
Rape
Homicide
Fraud
Manslaughter
What is the burden of proof?
The burden of proof refers to the responsibility of the prosecutor to prove their case satisfactorily to the judges and jury beyond a reasonable doubt.
What is the standard of proof?
The quality of proof the prosecutor presents to prove the case.
What is the presumption of innocence?
Presumption of innocence refers to the principle that all accused that stand are presumed as innocent until proven guilty without a shadow of doubt
What are the rights of the accused?
Right to trial by jury
Right to a fair hearing
RIght to be tried without reasonable delay
What are the rights of the victims
The right to give evidence as a vulnerable witness
Right to be informed about the proceedings
Right to be informed about likely release date of the accuesed
Describe to role of Victoria Legal Aid
Free legal advice to the community and low cost or no-cost legal representation for people who can’t afford to pay for a lawyer.
What is free legal information
Free publications and resources about criminal law and a public law library with legal materials. available over the phone or online
What is free legal advice
It’s provided in person by video or phone
What are free duty lawyer services
A person who is at court on a particular day and who can help people for a hearing
What is the grant of legal assistance
Helping the accused resolve matters in disputes, preparing documents and representing accused
How does VIctoria Legal Aid uphold fairness?
Focus on the most vulnerable.
Duty lawyers provides adivce and assistance
How does Victoria Legal Aid uphold equality?
Free information provided to everyone.
support is provided regardless of personal characteristics.
How does Victoria Legal Aid uphold access?
Free information
case work assistance
How is fairness limited by Victoria Legal Aid
Strict eligibility requirements
limited ability
How is equality limited by Victoria Legal Aid
Assistance is limited. VLA’s strict eligibility criteria for legal assistance.
How is access limited by Victoria Legal Aid?
Limited information
information is online
Duty lawyers only accessible in Magistrates Court
What is the role of Community Legal Centres?
Provide information, legal advice and minor assistance. Doesn’t usually take on legal cases but has duty lawyers
What is the purpose Generalist CLC?
Provide broad legal services in a particular local geographical area.
What is the purpose of Specialist CLC?
Focuses on particular group or people or area of law.
Describe committal proceedings
Is a pre-trial procedure and takes place in the Magistrates Court.
When are committal proceedings are not appropriate?
A committal proceeding is not used for summary offences
What is the function of committal proceedings?
To see whether a charge for an indictable offence is appropriate to be heard summarily
Decide if there’s enough evidence to support a conviction.
Find out whether the accused is pleading guilty.
Make sure there’s a fair trial.
What are the strengths of committal proceedings?
Saves time and resources
Accused is informed of the prosecution’s case (helps decide plea and prepare a case
The accused can test the strength of a case against the prosecution.
What are the weaknesses of committal proceedings
Complicated
Expensive, legal representation needed
Adds delay to the case.
Reduce public access to criminal justice systems.
increase the chance of unfair outcome.
causes stress and trauma for the accused, victims and family.
unnecessary for strong cases
Define plea negotiations
pre-trial discussions between the prosecutions and accused aimed at resolving the case by agreeing to an outcome to the criminal charges laid.
Negotiations in plea negotiations may result in
fewer charges
pleads guilty to lesser charge
pleading guilt but agreement is resolved.
What are the purpose of plea negotiations
resolve case by ensuring that a guilty plea to a charge reflects crime committed.
provide prompt resolution to case, avoid cost, time, stress, and trauma of free trial
When are plea negotiations appropriate?
issues with availability, reliability or willingness of crucial witnesses
issues with admissability of the pieces of evidence.
original charge by police is incorrect
if the prosecution believe witnesses may not be believable
Strengths of plea negotiations
save cost
prompt determination of case
saves victim/witness stress of the trial.
the agreement must reflect offence.
Weaknesses of plea negotiation?
occurs outside of court, lacks transparency
victims may feel accused gets off easily. accused may feel pressured to accept.
publiv may feel accused gets off easily
