unit 3 aos1a Flashcards
state the principles of justice (3)
fairness, equality, access
define fairness (principle of justice)
having fair processes and a fair hearing. the parties in a legal case should have the opportunity to know the facts of the case and have the opportunity to present their side. hearing processes should be fair and impartial
define equality (principle of justice)
law should apply to all people regardless of their status in society, race, culture or religion. rules should apply to both parties in a balanced way. all people are equal before the law
define access (principle of justice)
having access to legal advice from a lawyer who can use their expertise to present a legal matter to the court in the best way possible
state the key concepts of the vic justice system (4)
burden of proof, standard of proof, presumption of innocence, distinction between summary/indictable offences
burden of proof (key concept).
the responsibility of the party to prove the facts of the case. lies with the party bringing the case forward (prosecution). prosecution must prove the accused is guilty
standard of proof (key concept)
strength of the evidence needed to prove the case beyond reasonable doubt. it means there is no other logical/reasonable conclusion that can be reached based on the facts
summary offence (key concept)
minor criminal offences (drink driving, minor assaults), heard in magistrates court, no jury
indictable offence (key concept)
serious criminal offences (homicidal offences and drug trafficking), county/supreme court, judge and jury of 12
presumption of innocence (key concept)
every person accused of a crimes presumed innocent until proven guilty. it is a guarantee by the state to the people that if you are accused that you will be treated innocent until charge has been proven beyond reasonable doubt
rights of the accused (3)
right to a fair hearing, right to a trial by jury, right to be tried without unreasonable delay
right to a fair hearing (accused)
an independent and impartial court must decide the proceedings. an experienced magistrate/judge hears the case in an unbiased manner.
the trial process should be transparent, conducted in a fair manner, allowing for public and media scrutiny.
right to be tried without unreasonable delay (accused)
an accused has the right to have their case heard in a timely manner. the complexity of a case and legal issues involved may influence time it takes to go to a trial
right to trial by jury (accused)
jury allows for community participation which allows the law to be applied according to society’s standards.
rights of victims (3)
right to give evidence as a vulnerable witness, right to be informed about proceedings and right to be informed of a likely release date
right to give evidence as a vulnerable witness
a vulnerable witness is considered to be someone who is impressionable or at risk and therefore requires protection. a victim may be required to provide evidence against an accused, this may make the victim uncomfortable which may jeopardise evidence
protected witness
may be the primary victim, their family, the accused family or anyone in the court declare protected. a protected witness can only be cross examined by accuseds legal representative or a vic legal aid representative so the witness doesn’t have direct contact with the accused
special arrangements (minors/people with cognitive impairments)
accused is not in same room as complainant, no unauthorised people allowed in courtroom and accused cannot see complainant while giving evidence
right to be informed about proceedings (witness)
victims are entitled to know the progress of an investigation into a criminal case. the victim is entitled to sentence imposed/appeal details, details of charges against accused, outcome of criminal proceedings
right to be informed of a likely release date
a victim of a criminal act of violence may be entitled to receive information about an offender that has been imprisoned. (length of sentence, release date/release on parole)
institutions available to assist an accused (2)
vic legal aid, community legal centres
vic legal aid
includes legal education and information, legal advice and legal representation. the VLA aims to provide equitable basis and improved access to justice and legal remedies at a low cost
vic legal aid objectives
providing legal aid in the most effective and efficient manner, providing the community with improved access to justice, managing resources so legal aid is available at a lower cost
community legal centres
provide free legal assistance. can be generalist (provides broad services to people who live in a specific areas) or specialist (focuses on an area of law/group of people). CLCs have eligibility criteria to determine who they assist (type of case, likelihood of success). demand for this service exceeds supply
criminal procedures act
offers vulnerable witnesses a number of protections such as allowing a support person and giving evidence from a place other then the court
committal proceedings
the processes and hearings that take place within the magistrates court for indictable offences where an accused has pleaded not guilty. they act as a filtering system to test the strength of the prosecutions case.
purpose of committal proceedings
to ensure a fair trial, to determine the appropriateness of hearing the case summarily and to hear the accuseds plea (guilty/not guilty)
commital hearing
where the accused has the opportunity to question the prosecutions witnesses and make submissions about the charges. after this, the magistrate decides whether or not to send the accused to trial
original jurisdiction
power of court to hear a case for the first time
appellate jurisdiction
power of a court to hear a case on appeal
specialisation
individual courts determining their own areas of expertise
appeals
allows a person to challenge a decision made by a lower court and have it reviewed in a higher court. grounds of appeal include appeal on a question of law, appealing a conviction, appealing severity.
