Unit 3 AOS 1a Flashcards by Therese Taouk

Plea Negotiations contributing to Access

Saves cost and time
Frees up court space

However, not everyone knows their rights, limiting their ability to pursue their case on an informed basis so a poor decision may be reached

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Plea negotiations contributing to Equality

Outcomes can consider disparities
Chance for a lesser sentence

However, an outcome can put a party as a disadvantage if there are unequal circumstances

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Plea negotiations contributing to fairness

Gives parties a chance to influence their outcome
Lead to a lesser sentence

However: the victims views do not have to be considered, so the prosecutor may act in the interest of the state not the victim. Lack of involvement prevents victim from fully participating

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Purpose of Plea Negotiations: Lesser Sentence

An early-guilt plea achieved, mitigating factor taken into consideration during sentencing

Shows remorse and reduces culpability

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Purpose of Plea Negotiation: Lesser Sentence (However)

Accused may enter a plea negotiation just to get a lesser sentence as opposed to a larger one EVEN IF they are innocence

Scared of the possibility of being found guilty of many chargers

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Purpose of Plea Negotiations: Certainty

Guarantees the accused will plea guilty to at least one offence

Jury cannot acquit the accused

Guilty verdict WILL be reached

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Purpose of Plea Negotiations: Certainty (However)

Do not have to be disclosed, so there can be uncertainty surrounding why certain charges were dropped

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Purpose of Plea Negotiations: Reduce stress on victim

Only between the prosecution and accused, no need to give evidence or testimonies

Avoids re-living a traumatic event

Prevents evidence being delivered poorly by a stressed victim

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Purpose of Plea Negotiations: Reduce stress on victim (However)

The prosecutin can be seen as being able to avoid proving the accused beyond reasonable doubt

When they enter a plea negotiation, they are immediatley assumed guilty, undermines presumption of innocence

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Purpose of Plea Negotiations: Save cost and time

No trial, no judical resources required

Not done in a courtoom, reduces court fees and legal fees

No delays, not waiting for any verdicts or court availabilitys

frees up the courts

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Purpose of Plea Negotiations: Save cost and time (however)

Victims may feel the prosecution entered the plea negotiation just to save cost and time

accused will get a more lenienet sentence

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Appropriatness of plea negotiations (4)

Willing to cooperate
Has strong evidence
Stressful for victims
Time and costs need to be reduced

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What are plea negotiations

discussions and agreements between the prosecution and the defense, where the defendant agrees to plead guilty to certain charges or to a lesser offense

Can occur with either summary or indictable offences

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How do CLC’s and VLA achieve fairness

Legal advisors with expert knowledge allow for more people to openly participate in the criminal justice system

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CLC’s and VLA “however” for fairness

Limited funding

Less amount of advisors available

Prevents people from openly contributing in the C.J.S

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CLC’s and VLA’s - Equality

Able to prioritise certain cases over others

Prioritise disable people, refugees, Domestiv Violence cases, low socio-economic people

Ensures these people can engage in the C.J.S without being disadvantage, amends the disparity

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CLC’s and VLA - Access

Using CLC’s are completely free

VLA’s involve lesser costs

CLC’s put locations based on high demand areas for legal aid

Ensures people can pursue their case on an informed basis

VLA and CLC’s - access (However)

Cannot accomodate everyone needing legal aid

illegibility for legal aid

Turned away 160 000 people every year

Roles of CLC’s for accused(3)

Free Basic legal information
Legal advice
Ongoing casework (rare)

Role of CLC’s for victims (4)

Free basic legal info
Free legal advice
Duty Lawyers
Ongoign casework

Examples of advice CLC’s and VLA can give

Evidence rules
Court processes
Compensations
Guilt pleas
Evidence collecting

What are CLC’s

Community legal centres that are independent organisations focused on providing services to disadvantage and vulnerable people in the criminal justice system

What is VLA

Victorian Legal Aid is a private organisation that provides services to both victims and accued people in the C.J.S

Purposes of VLA (4)

Basic Legal info (free)
Legal advice (Income test)
Duty lawyers (free 1st court appearance)
Grant of funds (means test)

Access

All people should be able to engage in the C.J.S and its process on an informed basis to understand their rights and pursue their case.

Equality

All people should be able to engage in the criminal justice disparity without disparity. If being treated the same presents a disadvantage, adequate accomodations should be taken to amend the disparity.

Fairness

All people can participate in the criminal justice system and its processes should be open and impartial to everyone

Rights of the victim (3)

1. Right to give evidence using alternative arrangments 2. Right to be informed on proceedings of case 3. Right to be informed of likely release date

RIght to be informed of release date

Victims join a victims registry to be informed, at least 2 weeks prior, to an accuseds release Do so to make sure they have adequate time to arrange necessary precautions

Right to be informed of criminal proceedings

Right to receive updates on: - Charges - Court outcomes - Sentencing - Appeals - Procesees - Support serveics - compensatin - legal aid - if charges were dropped, why Victims must be told they can attend any court dates

Rights of the accused (3)

1. Right to be trialled w/o unreasonable delay 2. Right to silence 3. Right to a trial by jury

Right to trial by jury

Vic Charter protects a rights accused to be entitled to a trial by jury jury of 12 provides a system of determinig verdict by peers

Right to silence

Allows an acccused to remain silent throughout the entire criminal proceedings only have to disclose name and address no inferences can be made from silence about guilt or innocence Commen and statue law

Right to be trialled w/o unreasonable delay

Ensures accused individuals are not held in custody excessively VIc Charter protects this right Complexity of evidence and case considered as reasonable delays

Standard of proof and presumption of innocence

A high standard means that guilt can only be determine if the prosecution can prove there was no other possible reason Beyond reasonable doubt preseves the accused's innocene until the standard is reached

Burden of proof and assumption of innocenec

Accused does no thave to prove their innocence, the proseuction has to prove their guilt remains innocence until presumed innocent until proved guilty BY PROSECUTION

Presumption of innocenec

The right of the accused to be presumed innocence until proven otherwise VIc charter and common law

Standard of proof

The strength of the evidence to prove the facts of the case Beyone reasonable doubt Jury must have no doubt that the accused is guilty

Burden of Proof

Responsibiliyt of the party bringing the case to court to provide proof to prove the facts of the case On the prosecution Reverse if accused pleas self-defence or involved in drug possesion

Summary offence characterisitcs (3)

1. Less serious (driving violations) 2. Jurisdictin only in the magistrates court, heard by a magistrate 3. Less serious penalities, maximum is 2 years in prison 4.

Indictable offences characteristics (4)

1. Serious offences like murder 2. Jursidiction in the county and supreme court (TD) 3. Involve greater sanctions, maximum penalty is life imprisonment 4. Heard by judge and jury of 12