Unit 3: Rights and Justice - Outcome 1: The Victorian criminal justice system

Question 1

What are the differences between summary offenses and indictable offenses?

Answer 1

Indictable offenses - a serious offense that is heard before a judge and a jury in the county or supreme court e.g. murder
Summary offense - a less serious offense that will be heard in the magistrate’s court e.g. traffic offenses

Question 2

Define Fairness

Answer 2

requires that legal processes, systems, and institutions which are fair and unbiased exist.

Question 3

Define Equality

Answer 3

requires that all people are treated equally before the law, regardless of personal factors.

Question 4

Define Access

Answer 4

requires that all people understand their legal rights and can utilize appropriate bodies and legal institutions.

Question 5

What is the burden of proof?

Answer 5

the accuser (prosecution) in a criminal trial has the burden of proving that the accused (defendant) is guilty

Question 6

What is the standard of proof?

Answer 6

level of certainty and the degree of evidence necessary to establish proof in a trial must be beyond a reasonable doubt they are guilty. if there is any reasonable doubt as to the guilt of the accused they must be found not guilty.

Question 7

What is the presumption of innocence?

Answer 7

a person accused of committing a crime is presumed innocent until proven guilty in a court of law.

Question 8

What are the rights of an accused?

Answer 8

1. right to be tried without unreasonable delay
2. right to a fair trial
3. right to a trial by jury

Question 9

What are the rights of victims?

Answer 9

1. right to be given evidence as a venerable witness
2. right to be informed about proceedings
3. right to be informed of the likely releases date of the accused

Question 10

What are the factors that affect the ability of the criminal justice system?

Answer 10

1. Costs
2. Time
3. Cultural Differences

Question 11

How Dose costs affect the ability to achieve the principles of justice?

Answer 11

the high cost of legal fees and the limited funding provided to the vic legal aid limits the principle of Access because those who have limited financial means will struggle to afford legal advice and will have difficulty understanding their rights

The cost of legal representation can greatly lit the principle of Equality because equality requires that all people have an equal opportunity to present their case but not being able to afford legal representation can hugely disadvantage an accused in court.

Question 12

How Does time affect the ability to achieve the principles of justice?

Answer 12

Access may be negatively affected by the fact that court resources have not kept pace with the number of cases resulting in time delays. This can lengthiness the pre-trial and trial procedures resulting in the accused person cannot take time away from employment and be unable to pursue their case there for unwillingly pleading guilty.

Fairness can also be affected by time delays because of the length of pre-train and trial the accused person may not have time to prepare their defenses because of commitments like work. that may then struggle to obtain a fair hearing because they may have to rush their criminal defenses and fail to properly prepare for crucial court procedures such as cross-examination resulting in them being disadvantaged.

Question 13

how do cultural differences affect the ability to achieve the principles of justice?

Answer 13

Fariness is one pricable affected by cultural differences if jurs discriminate against or have a racial bias agengset some coultres of the accused the likelihood of the accused getting a fair and unbiased hearing is quite low

Equlaity is another principle that is effected because due to the coulter of the accused the hours biased or the judge viewing the accused favourably or unfavourably would make it very unlikely that the accused would reserve equal treatment before the law. similarly any conscious or uncounses cultural prejudiceswill relsout in the accused not having an opportunity equal to others presenting there definces

Access can be effected by a lack of intercultural understanding and langued barriers can siverly hinder an accusseds understanding of their legal rights.sillamler problems like poor understanding of the law and rule of evidences and procedure can hinder an accused. ability to pursue their cases. this is more comen for migrents and induones australnea who are unfurmilla with vic laws and crimanl justices system.

Question 14

What is a recent reform and how does it enhance the ability of the criminal justice system to achieve the principles of justice?

Answer 14

Victom support dog programe
in
2017 pilet programe started
forcillity it make it easer for vonrable witness to give everdences and improve court processes. in jan of 2019 dog where allowed in the court roomand used to provide vomfourt to vulnerable witnessed when asting for court or when giving evence. it significantly reduced the vicoms strees.thay are also used to help witmesse and their families and accompany them into witness rooms at the magistrates and county court.pession if found from the magistrates ao juge and the accused legal reps are noticfide.to insher there is no prdijest suffered the jury dose not see the dog

Question 15

What is a recommended reform and how does it enhance the ability of the criminal justice system to achieve the principles of justice?