3. Criminal Trial Process

3. Criminal Trial Process

1. 1. court jurisdiction

   • Criminal Courts

2. 2. The adversary system

   • ADVERSARIAL: USA, AUSTRALIA, UK --> two opposing parties in front a third impartial party judge and jury for indictable offence
   • INQUISITORIAL: france, Germany, Indonesia --> The role of the judge is not be an impartial referee rather they examine witness and evidence they investigate

3. 3. Legal personnel:

   • magistrate
     • proceeds hearings in the local court
   • judge
     • oversee proceedings, maintain order in the courtroom, ensure procedures are followed
   • police prosecutor
     • Provide evidence for a case
   • Director of Public Prosecution
     • prosecutes serious cases on behalf of the state
   • Public defenders
     • barrister who appear in serious cases, accused being granted in bail

4. 4. Pleas, charge negotiation

   • CHARGE - DDP and the defence team are involved in gestation about the charges against the accused
     • PLEA - formal statement made by the accused about whether they are guilty or not guilty in front of a judge

5. 5. Legal representation, including legal aid burden and standard of proof

   • LEGAL AID - right to fair trial
     • LEGAL AID COMMISSION ACT 1979 (NSW)
       • DIETRICH V THE QUEEN (1992)
   • BURDEN OF PROOF - prosecution to prove a case against the accused
     • STANDARD OF PROOF - proof required for the prosecution to be successful

6. 6. Use of evidence, including witnesses

   • 1. relavant to the case 2. legally obtained by the investigating police
     • EVIDENCE ACT 1995 (NSW)

7. 7. Defences to criminal charges

   • Complete defences
     • result in complete acquittal which is a verdict that a person is not guilty of the crime with which they have been charged
   • partial defences to murder
     • The charge or sentence is reduced. For murder charged there may be mitigating circumstances

8. 8. Role of juries, including verdicts

9. Students learn to:

   • Describe the role of courts in the criminal justice process
   • Discuss the use of the adversary system as a means of achieving justice
   • Examine the role of legal representation in the criminal trial
   • Assess the use of defences to criminal charges in achieving justice
   • Evaluate the effectiveness of the jury system in the criminal trial
   • Assess the effectiveness of the criminal trial process as a means of achieving justice

Bilder und Dateien der Mindmap