Podcast
Questions and Answers
Which of the following powers is exclusively held by the Commonwealth Parliament in Australia?
Which of the following powers is exclusively held by the Commonwealth Parliament in Australia?
- Road Maintenance
- Public Health
- Defense (correct)
- Education
Concurrent powers are areas of law-making that are exclusive to the Commonwealth Parliament.
Concurrent powers are areas of law-making that are exclusive to the Commonwealth Parliament.
False (B)
What type of powers are retained by the States, allowing them to legislate in specific areas?
What type of powers are retained by the States, allowing them to legislate in specific areas?
Residual powers
The division of powers in Australia includes exclusive, concurrent, and _______ powers.
The division of powers in Australia includes exclusive, concurrent, and _______ powers.
Match the level of government with its primary responsibility:
Match the level of government with its primary responsibility:
Which level of government is primarily responsible for creating laws that apply to the entire country of Australia?
Which level of government is primarily responsible for creating laws that apply to the entire country of Australia?
A state government's laws apply uniformly across all states and territories in Australia.
A state government's laws apply uniformly across all states and territories in Australia.
Which government body makes rules specifically for the local community?
Which government body makes rules specifically for the local community?
Aims of _______ law is to protect the community by establishing crimes and the actions that come alongside them.
Aims of _______ law is to protect the community by establishing crimes and the actions that come alongside them.
Match the type of law with its primary focus:
Match the type of law with its primary focus:
Which of the following best describes a 'crime'?
Which of the following best describes a 'crime'?
'Actus reus' refers to the mental intention to commit a crime.
'Actus reus' refers to the mental intention to commit a crime.
What is the legal term for 'guilty mind,' which refers to the intention or knowledge of wrongdoing that constitutes part of a crime?
What is the legal term for 'guilty mind,' which refers to the intention or knowledge of wrongdoing that constitutes part of a crime?
_______ offences are less serious crimes heard in the Magistrates Court, without a jury.
_______ offences are less serious crimes heard in the Magistrates Court, without a jury.
Match the type of offence with its corresponding court process:
Match the type of offence with its corresponding court process:
What term describes indictable offences that can be heard and determined in the Magistrates Court if the accused agrees?
What term describes indictable offences that can be heard and determined in the Magistrates Court if the accused agrees?
The 'Rule of Law' dictates that only government officials are bound by and must obey the law.
The 'Rule of Law' dictates that only government officials are bound by and must obey the law.
What is the term for the principle that ensures everyone in society, including the government, is subject to and accountable to the law?
What is the term for the principle that ensures everyone in society, including the government, is subject to and accountable to the law?
The _______ Justice System includes the processes and institutions used to investigate and determine criminal case outcomes.
The _______ Justice System includes the processes and institutions used to investigate and determine criminal case outcomes.
Match the stage of the Criminal Case Process in order
Match the stage of the Criminal Case Process in order
In a criminal case, who acts on behalf of the people with the authority of the Crown to prosecute those accused of crimes?
In a criminal case, who acts on behalf of the people with the authority of the Crown to prosecute those accused of crimes?
The 'Presumption of Innocence' means that the accused must prove their innocence in a court of law.
The 'Presumption of Innocence' means that the accused must prove their innocence in a court of law.
In criminal law, what is the obligation of the prosecution to prove their case against the accused called?
In criminal law, what is the obligation of the prosecution to prove their case against the accused called?
In a criminal case, the standard of proof requires the prosecution to prove the accused's guilt _______ reasonable doubt.
In a criminal case, the standard of proof requires the prosecution to prove the accused's guilt _______ reasonable doubt.
Match the legal term with its correct description:
Match the legal term with its correct description:
What is the term for the release of an accused person from custody, conditional upon their attendance at future court hearings?
What is the term for the release of an accused person from custody, conditional upon their attendance at future court hearings?
An accused person has the right to refuse to answer questions during a criminal investigation, also known as the right against self-incrimination.
An accused person has the right to refuse to answer questions during a criminal investigation, also known as the right against self-incrimination.
In a criminal trial, what term refers to the right of the accused to be judged by a group of their peers?
In a criminal trial, what term refers to the right of the accused to be judged by a group of their peers?
Victims have the right to give evidence by _______ arrangements, such as via video link or with a support person present.
Victims have the right to give evidence by _______ arrangements, such as via video link or with a support person present.
Match the right with its description
Match the right with its description
Which right allows victims of violent crimes to receive information about an offender's sentence length and likely release date?
Which right allows victims of violent crimes to receive information about an offender's sentence length and likely release date?
All victims, regardless of the severity of the crime they experienced, are automatically included on the Victims Register.
All victims, regardless of the severity of the crime they experienced, are automatically included on the Victims Register.
What is a key advantage of using alternative means for giving evidence for vulnerable witnesses in court?
What is a key advantage of using alternative means for giving evidence for vulnerable witnesses in court?
If victims rights are infringed they can be taken to _______.
If victims rights are infringed they can be taken to _______.
Match the definition with its word.
Match the definition with its word.
Why is involving the community a major strength of a jury.
Why is involving the community a major strength of a jury.
All people can afford legal representation
All people can afford legal representation
What would be a key goal of the VLA?
What would be a key goal of the VLA?
_______ Legal Centre provides broad legal services to people in a particular local geographical area.
_______ Legal Centre provides broad legal services to people in a particular local geographical area.
Match the jurisdiction to the type of case
Match the jurisdiction to the type of case
What is one of the main reasons for having a court hierarchy?
What is one of the main reasons for having a court hierarchy?
The prosecution is responsible for giving a verdict in criminal cases.
The prosecution is responsible for giving a verdict in criminal cases.
Which of the following powers is exclusively held by the Commonwealth Parliament?
Which of the following powers is exclusively held by the Commonwealth Parliament?
Concurrent powers are those that are exclusively held by the Commonwealth Parliament.
Concurrent powers are those that are exclusively held by the Commonwealth Parliament.
The division of powers includes exclusive, concurrent, and ______ powers.
The division of powers includes exclusive, concurrent, and ______ powers.
Which level of government is responsible for creating laws that apply to the entire country of Australia?
Which level of government is responsible for creating laws that apply to the entire country of Australia?
Local governments have the authority to create laws that apply to the entire state or territory in which they are located.
Local governments have the authority to create laws that apply to the entire state or territory in which they are located.
Which area of law aims to protect the community by defining crimes and their corresponding sanctions?
Which area of law aims to protect the community by defining crimes and their corresponding sanctions?
Civil law sets out rights and responsibilities and regulates private ______.
Civil law sets out rights and responsibilities and regulates private ______.
Which of the following best describes a summary offence?
Which of the following best describes a summary offence?
Indictable offences can never be heard in the Magistrates Court.
Indictable offences can never be heard in the Magistrates Court.
What is the legal principle that ensures everyone in society is bound by and must obey the law?
What is the legal principle that ensures everyone in society is bound by and must obey the law?
The criminal justice system encompasses the processes and ______ used to investigate and determine the outcomes of criminal cases.
The criminal justice system encompasses the processes and ______ used to investigate and determine the outcomes of criminal cases.
Match the step to its respective place in the correct order of the criminal case process:
Match the step to its respective place in the correct order of the criminal case process:
In a criminal case, who acts on behalf of the people and prosecutes those accused of crimes?
In a criminal case, who acts on behalf of the people and prosecutes those accused of crimes?
The burden of proof in a criminal case lies with the accused to prove their innocence.
The burden of proof in a criminal case lies with the accused to prove their innocence.
What is granted allowing an accused person to be released from custody on the condition they attend a future court hearing?
What is granted allowing an accused person to be released from custody on the condition they attend a future court hearing?
An accused person has the right to be tried without unreasonable ______.
An accused person has the right to be tried without unreasonable ______.
Match the following rights with their descriptions:
Match the following rights with their descriptions:
Which of the following is an alternate arrangement that can be made for certain witnesses giving evidence?
Which of the following is an alternate arrangement that can be made for certain witnesses giving evidence?
Victims have a right to be informed about all aspects of criminal proceedings, regardless of the type of crime committed.
Victims have a right to be informed about all aspects of criminal proceedings, regardless of the type of crime committed.
What register can victims of certain violent crimes apply to be included on to receive information about an offender's sentence and release date?
What register can victims of certain violent crimes apply to be included on to receive information about an offender's sentence and release date?
A strength of equality in victims' rights is that vulnerable witnesses are treated with ______.
A strength of equality in victims' rights is that vulnerable witnesses are treated with ______.
Match the aspect to its corresponding description of fairness, equality, and access:
Match the aspect to its corresponding description of fairness, equality, and access:
Ensuring that all personnel involved in the legal system are unbiased and independent contributes to which aspect of fairness?
Ensuring that all personnel involved in the legal system are unbiased and independent contributes to which aspect of fairness?
Equality in the justice system means treating all people exactly the same, regardless of their individual circumstances.
Equality in the justice system means treating all people exactly the same, regardless of their individual circumstances.
What term describes the ability of citizens to approach and make use of the justice system?
What term describes the ability of citizens to approach and make use of the justice system?
A strength of having a jury is that it involves the ______ in the decision-making process.
A strength of having a jury is that it involves the ______ in the decision-making process.
Match the legal service with its availability:
Match the legal service with its availability:
Which of the following best describes the role of a VLA duty lawyer?
Which of the following best describes the role of a VLA duty lawyer?
Community Legal Centres (CLCs) are government agencies that provide legal services to people who cannot afford them.
Community Legal Centres (CLCs) are government agencies that provide legal services to people who cannot afford them.
What type of CLC provides broad legal services to people within a specific local geographical area?
What type of CLC provides broad legal services to people within a specific local geographical area?
A VLA ______ test assesses an applicant's income, assets, and expenses to determine their eligibility for legal assistance.
A VLA ______ test assesses an applicant's income, assets, and expenses to determine their eligibility for legal assistance.
Match the following terms with their definitions
Match the following terms with their definitions
What is the primary aim of plea negotiations?
What is the primary aim of plea negotiations?
Any offers made during 'without prejudice' negotiations can be used against the negotiating party if the negotiations are unsuccessful.
Any offers made during 'without prejudice' negotiations can be used against the negotiating party if the negotiations are unsuccessful.
What term refers to the extent of power given to different courts?
What term refers to the extent of power given to different courts?
[Blank] jurisdiction refers to the power of a court to hear a case for the first time.
[Blank] jurisdiction refers to the power of a court to hear a case for the first time.
Which of the following is NOT a reason for having a court hierarchy?
Which of the following is NOT a reason for having a court hierarchy?
Which of the following best describes the relationship between 'actus reas' and 'mens rea' in criminal law?
Which of the following best describes the relationship between 'actus reas' and 'mens rea' in criminal law?
Concurrent powers are those exclusively held by the Commonwealth Parliament, meaning state governments cannot legislate in those areas.
Concurrent powers are those exclusively held by the Commonwealth Parliament, meaning state governments cannot legislate in those areas.
In the context of the Australian legal system, what is the primary purpose of the 'division of powers'?
In the context of the Australian legal system, what is the primary purpose of the 'division of powers'?
The principle that everyone in society is bound by the law and must obey it, and that laws should be fair and clear is known as the ______.
The principle that everyone in society is bound by the law and must obey it, and that laws should be fair and clear is known as the ______.
Which of the following is the most accurate description of the 'burden of proof' in a criminal case?
Which of the following is the most accurate description of the 'burden of proof' in a criminal case?
The 'right to silence' implies that an accused person must answer questions from law enforcement during a criminal investigation.
The 'right to silence' implies that an accused person must answer questions from law enforcement during a criminal investigation.
What is the significance of 'beyond reasonable doubt' in the criminal justice system?
What is the significance of 'beyond reasonable doubt' in the criminal justice system?
A pre-trial hearing in the Magistrates' Court to determine if there is sufficient evidence to support a conviction is known as a ______.
A pre-trial hearing in the Magistrates' Court to determine if there is sufficient evidence to support a conviction is known as a ______.
Match the following rights to their corresponding descriptions within the context of the legal rights of 'victims':
Match the following rights to their corresponding descriptions within the context of the legal rights of 'victims':
Which principle is most closely associated with ensuring impartiality and transparency within the justice system?
Which principle is most closely associated with ensuring impartiality and transparency within the justice system?
The strengths of a jury include the fact that all jurors will have a comprehensive understanding of complex legal terminology presented throughout the case.
The strengths of a jury include the fact that all jurors will have a comprehensive understanding of complex legal terminology presented throughout the case.
What is the main role of the VLA?
What is the main role of the VLA?
An independent community organization that provides free legal services to people who are unable to pay for those services is known as a ______.
An independent community organization that provides free legal services to people who are unable to pay for those services is known as a ______.
Match the following VLA services with their accessibility criteria:
Match the following VLA services with their accessibility criteria:
In plea negotiations, what does the term 'without prejudice' signify?
In plea negotiations, what does the term 'without prejudice' signify?
A key strength of plea negotiations is that they always guarantee a more lenient sentence for the accused compared to going to trial.
A key strength of plea negotiations is that they always guarantee a more lenient sentence for the accused compared to going to trial.
What is meant by the 'original jurisdiction' of a court?
What is meant by the 'original jurisdiction' of a court?
Law-making through the courts, where a decision made in a higher court is binding on a lower court, is known as the ______.
Law-making through the courts, where a decision made in a higher court is binding on a lower court, is known as the ______.
Match the following roles to the appropriate participant in a criminal trial:
Match the following roles to the appropriate participant in a criminal trial:
Flashcards
Exclusive powers
Exclusive powers
Only the Commonwealth Parliament has this power.
Concurrent powers
Concurrent powers
Shared law-making areas between the Commonwealth and the State.
Residual powers
Residual powers
Powers kept by the States; only they can legislate in these areas.
Division of powers
Division of powers
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Separation of powers
Separation of powers
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Levels of Government
Levels of Government
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Federal government
Federal government
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State/territory government
State/territory government
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Local government
Local government
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Criminal Law Aim
Criminal Law Aim
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Civil Law
Civil Law
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Crime
Crime
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Actus reas
Actus reas
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Mens Rea
Mens Rea
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Summary offence
Summary offence
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Indictable offences
Indictable offences
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Indictable offences heard summarily
Indictable offences heard summarily
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Rule of Law
Rule of Law
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Criminal Justice System
Criminal Justice System
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Criminal Case Process 2
Criminal Case Process 2
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Criminal Case Process 3
Criminal Case Process 3
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Criminal Case Process 4
Criminal Case Process 4
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Criminal Case Process 5
Criminal Case Process 5
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Criminal Case Process 6
Criminal Case Process 6
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The State in a criminal case
The State in a criminal case
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Presumption of Innocence
Presumption of Innocence
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Burden of Proof - criminal
Burden of Proof - criminal
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The Standard of Proof - criminal
The Standard of Proof - criminal
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Bail
Bail
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Rights of the accused
Rights of the accused
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Right to be tried without unreasonable delay
Right to be tried without unreasonable delay
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The Right to silence
The Right to silence
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The right to trial by jury
The right to trial by jury
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Rights of victims
Rights of victims
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Right to give evidence by alternate arrangements
Right to give evidence by alternate arrangements
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The right to be informed about the proceedings
The right to be informed about the proceedings
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The right to be informed of the likely release date
The right to be informed of the likely release date
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strength of equality in victims rights
strength of equality in victims rights
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weakness of equality in victims right
weakness of equality in victims right
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strengths of access in victims right
strengths of access in victims right
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weaknesses of access in victims rights
weaknesses of access in victims rights
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strengths of fairness in victims rights
strengths of fairness in victims rights
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weaknesses of fairness in victims rights
weaknesses of fairness in victims rights
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Fairness
Fairness
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Impartial process
Impartial process
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open process
open process
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participation
participation
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Equality
Equality
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Access
Access
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Strengths of jury
Strengths of jury
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Study Notes
- These notes cover key legal vocabulary and concepts.
Division of Powers
- Refers to exclusive, concurrent, and residual powers.
Exclusive Powers
- These powers are held only by the Commonwealth Parliament.
Concurrent Powers
- These powers involve shared law-making areas between the Commonwealth and states.
Residual Powers
- These powers belong solely to the states, allowing them to legislate in specific areas.
Separation of Powers
- Division of government responsibilities into legislative.
Levels of Government
- Australia operates on three levels: federal, state/territory, and local.
Federal Government
- Creates laws applicable across the entire country.
State/Territory Government
- Each state/territory government creates laws and manages local affairs within its jurisdiction.
Local Government
- Councils make rules specifically for their local community.
Criminal Law
- Aims to protect the community by defining crimes and setting sanctions for offenders.
Civil Law
- Establishes rights, responsibilities, and regulates private disputes.
Crime
- An act or omission against the community, punishable by law.
Actus Reus
- Latin term for "guilty act," referring to the physical element of a crime.
Mens Rea
- Latin term for "guilty mind," referring to the mental element of a crime
Summary Offence
- Less serious crimes tried in the Magistrates Court without a jury.
Indictable Offences
- More serious crimes tried before a judge and jury, though some can be heard summarily in the Magistrates Court.
Indictable Offences Heard Summarily
- Indictable offenses that can be dealt with in the Magistrates Court with the accused's agreement.
Rule of Law
- The principle that everyone is bound by and must obey the law, ensuring fairness and clarity.
Criminal Justice System
- Processes and institutions that investigate and determine outcomes in criminal cases.
Criminal Case Process
- Involves charging, pre-trial procedures, trial, sentencing, and post-sentencing management.
The State in Criminal Cases
- Represents the people with the authority of the Crown and prosecutes those accused of crimes.
Presumption of Innocence
- Accused individuals are presumed not guilty unless proven otherwise in court.
Burden of Proof (Criminal)
- The prosecution holds the obligation to prove the case.
Standard of Proof (Criminal)
- Requires proof beyond a reasonable doubt for a conviction.
Bail
- The release of an accused person from custody on the condition that they attend court hearings.
Rights of the Accused
- Include the right to a trial without unreasonable delay, the right to silence, and the right to a trial by jury.
Right to be Tried Without Unreasonable Delay
- Charges should be heard promptly, avoiding unnecessary delays.
Right to Silence
- Accused individuals may refuse to answer questions or provide information during a criminal investigation.
Right to Trial by Jury
- Guarantees trial by peers, involving the community in the legal process.
Rights of Victims
- Include the right to give evidence by alternate arrangements, to be informed about proceedings, and to be informed of the likely release date.
Right to Give Evidence by Alternate Arrangements
- Allows certain witnesses to give evidence via TV, screens, with a support person, or with limited attendees.
Right to be Informed About the Proceedings
- Victims adversely affected by a crime have the right to stay informed about related criminal proceedings.
Right to be Informed of the Likely Release Date
- Victims of violent crimes can register to receive information about the offender's sentence, escapes, and release date.
Fairness
- Involves impartial and open processes within the justice system.
Equality
- Entails treating all people the same, with measures to reduce disadvantage/difference.
Access
- Ensures citizens can approach and utilize the justice system in an informed manner.
Strengths of Juries
- Community involvement, reflection of community values, and shared decision-making.
Weaknesses of Juries
- Potential for bias, media influence, misunderstanding of legal concepts, and susceptibility to influence.
VLA (Victoria Legal Aid)
- A government agency that provides free legal advice and representation to those who cannot afford a lawyer.
VLA Goals
- Includes pursuing innovative means of providing legal aid, providing legal aid, improve community access and managing resources.
VLA Legal Information
- Available to everyone.
VLA Legal Advice
- Focuses on those who need it the most (low income, disabled, homeless minors).
VLA Duty Lawyer
- Can advise those facing charges who satisfy an income test and represent those facing significant charges.
VLA Legal Assistance
- Available to those who satisfy a means and merit test.
CLC (Community Legal Centre)
- Independent community organizations that provide free legal services.
CLC Role
- Includes providing basic legal information, initial legal advice, duty lawyer assistance, and legal casework.
Generalist CLCs
- Provide broad legal services to people in a particular local area.
Specialist CLCs
- Focus on specific groups of people or areas of the law.
VLA Income Test
- Used by VLA to determine whether a duty lawyer can represent an accused.
VLA Means Test
- Determines if an applicant qualifies for legal assistance beyond the duty lawyer, considering income, assets, and expenses.
Plea Negotiations
- Pre-trial discussions between the prosecution and the accused to resolve the case by agreeing on an outcome.
Without Prejudice Negotiations
- Offers made during negotiation can't be used if negotiations fail.
Purpose of Plea Negotiations
- To resolve cases through guilty pleas that adequately reflect the crime and to expedite resolution.
Strengths of Plea Negotiations
- Cost savings, prompt determination, reduced trauma for victims, chance of reduced sentence, certainty of outcome.
Weaknesses of Plea Negotiations
- Victims/community may feel accused is "let off," accused may feel pressured, prosecutor avoids proving case, private negotiations risk insights into other party's case.
Jurisdiction
- The extent of power given to various courts.
Original Jurisdiction
- The power of a court to hear a case for the first time.
Appellate Jurisdiction
- A court's ability to review a challenged decision.
Why Have a Court Hierarchy?
- Doctrine of precedent, appeals, administrative convenience, specialisation.
Specialisation (Courts)
- Courts develop expertise by dealing with similar cases.
Appeals (Court Hierarchy)
- Enables parties to appeal to a higher court if unsatisfied.
Doctrine of Precedent
- Law-making through courts, where higher court decisions bind lower courts.
Administrative Convenience
- More personnel and courts at the magistrate level due to the high volume of cases there.
Issues Regarding Court Hierarchy
- Potential confusion, administrative requirements for each court, reliance on higher courts for appeals.
Judges Role
- Manage trials, hand down sentences, decide on evidence admissibility, attend to jury matters, assist self-represented parties, give jury directions, and be courteous.
Jury Role
- Be objective, listen to and remember evidence, understand directions, and deliver a verdict.
The Parties' (Legal) Role
- Give addresses, assist in jury matters, present the case, make sentencing submissions, research the law, comply with duty to court.
Strength of Legal Practitioners
- Experts who can help accused navigate the criminal justice system, objective decision making, can help avoid delays.
Weaknesses of Legal Practitioners
- Not all legal practitioners are equal or have the same level of experience and skills, not everyone can afford legal representation and legal representation alone may not assist an accused.
Social Cohesion
- The willingness of members of a society to cooperate with each other.
Criminal Law (Definition)
- An area of law that determines behaviours and conduct that are prohibited and outlines sanctions for people who commit them
Sanction (Definition)
- A penalty or prison sentence imposed by a court on someone found guilty.
Accused (Definition)
- Person charged with a criminal offense.
Prosecution (Definition)
- The party that institutes criminal proceedings against an accused on behalf of the state.
Prosecutor (Definition)
- The representative of the prosecution who is responsible for conducting the criminal case and appearing in court.
Jury (Definition)
- An independent group of people chosen at random to determine questions of fact in a trial and reach a verdict.
Committal Proceeding (Definition)
- The pre-trial hearings and processes held in the magistrates court.
Committal Hearings (Definition)
- Decides whether there is sufficient evidence to support a conviction for the offence charged
Beyond Reasonable Doubt (Definition)
- Prosecution must prove there is no reasonable doubt that the accused committed the offence
Victim (Definition)
- A person who has suffered directly or indirectly as a result of a crime
Alternative Arrestment (Definition)
- Measures that can be put in place for witnesses in certain criminal cases
Bias (Definition)
- A prejudice or lack of objectivity in tetaltion to a person or group
Victim Impact Statement (Definition)
- A statement filed with the court by a victim that is considered by the court when sentencing.
Duty Lawyer (Definition)
- A VLA lawyer who is at court to helppeople who come to court for a hearing
Self-represented party (Definition)
- A person before a court or tribunal who has not engaged and is not represented by a lawyer or other professional
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Description
Explore the Australian legal system, including the division of powers (exclusive, concurrent, and residual), the separation of powers, and the different levels of government (federal, state/territory, and local). Understand how laws are made and applied at each level, as well as the basics of criminal law.
