unit 3 aos 1 part b legal studies

Question 1

what are the roles of the magistrate or judge

Answer 1

1. act impartially when making decesions
2. manage hearing or trial
3. magistrate: decides verdict
4. sentencing an offender

Question 2

acting impartially when making decesions

Answer 2

• unbiased when making decisions
• must be no apprehension that they are unbias
• if there is any, they should be removed from case

not withstanding: sometimes bias can happen which means fairness not achieved

Question 3

manage hearing or trial

Answer 3

• ensuring correct court procedures to both parties
• controlling events/ witness
• whether evidence is permissible
• adjust trial process based on disparity or disadvantage

notwithstanding this, often comments are made towards one sides counsel meaning equality is not achieved

Question 4

magistrate decides the verdict

Answer 4

• deciding whether the accused is guilty based on facts and law beyond reasonable doubt

one limitation is there is no public participation hindering access

Question 5

sentence an offender

Answer 5

• hear from both parties and hear from victims
• allow the parties to submit appropriate submission about offending and the sentencing (including victims through victim impact statements)

notwithstanding this there can be risks that they have subconscious biases hindering fairness

Question 6

roles of the jury

Answer 6

1. be objective in delivering verdict
2. listen to and remember evidence
3. understanding judges directions and summing up

Question 7

be objective in delivering verdict

Answer 7

• unbiased and bring an open mind
• putting aside prejudice

notwithstanding this jury members may have unconscious biases or prejudices hindering fairness

Question 8

listen to and remember evidence

Answer 8

• makes sense of all evidence
• must not undertake any investigation research or inquiries prior or during the case

one limitation is that jurors may struggle to recall all the evidence accurately, especially in long or complex trials hindering fairness

Question 9

understanding judges directions + summing up

Answer 9

• when instructions are given to jury about points of law
• asking for explanations on things they don’t understanding

notwithstanding this jury trials may result in further delays as rules, evidence and processes need to be explained to the jury hindering access

Question 10

role of the parties

Answer 10

1. prosecution has to disclose information about accused
2. participate in hearing and trial
3. make submissions about sentencing

Question 11

prosecution disclosing information about accused

Answer 11

• disclose evidence, name, statements and relavent conviction about prosecutions witness

notwithstanding this sometimes police wait to see what the defence requests rather than providing disclosure upfront/proactively as required which hinders fairness

Question 12

participate in hearing and trial

Answer 12

• present opening address
• cross examining witness
• present closing address

one limitation is the access for self-represented accused, as they may not be able to fully understand and participate in the hearing or trial hindering access

Question 13

make submission about sentencing

Answer 13

• plea hearing at which the parties can make submissions about sentencing, the offender is also entitled to make submissions about sentencing.
• accused will try to obtain the least possible sentence available

notwithstanding this based on objective legal principles rather than the persuasive ability or strategic arguments of either party hindering fairness

Question 14

why is a legal practitioner needed for an accused

Answer 14

1. to understand complex legal process/ terminology which most accused are unfamiliar with
2. to give an accused to opportunity to test the prosecutions evidence
3. to ensure closed processes (plea.negs) are done fairly and without pressure to plead guilty
4. for accused who may find it difficult to objectively asses the strength of their case and risk of going to trial
5. magistrate or judge can assist self represented accused but cannot extend to advocating or giving specific advice