Courts and Their Functions

Courts and Their Functions

• Courts interpret laws and resolve disputes.
• A court decides if an accused person is guilty or not guilty of a crime.
• Courts are formal settings where decisions can significantly impact lives.
• Key courtroom officials include a magistrate or judge, jurors, a prosecutor, and defense counsel.
• Each state and territory has its own court system with different levels of courts.

The Courtroom

• The judge's associate, a trained lawyer, manages paperwork.
• A jury consists of 12 people who decide if a person is guilty beyond a reasonable doubt.
• The prosecutor presents evidence to convince the jury of the accused's guilt.
• The judge presides over the court, ensures the jury understands proceedings, and decides sentences.
• The counsel for the defense represents the accused, presenting arguments to challenge the prosecution.
• Other courtroom personnel include the tipstaff (maintains order), witnesses (provide testimony), members of the public (observe proceedings), prison officers (guard the accused), media representatives (report on the trial).

Lower and Higher Courts

• Lower courts (e.g. Magistrates Court) are less formal than higher courts, with no jury and magistrates who do not wear wigs or robes.
• Magistrates decide guilt and sentences in lower courts.
• Very serious cases are referred to higher courts by magistrates.
• Higher courts (e.g. Supreme Court, District Court/County Court) hear the most serious criminal cases.
• Serious crimes, including murder and treason, fall under the jurisdiction of higher courts.
• In higher courts, juries decide guilt and judges decide sentences.

Presumption of Innocence

• Presumption of innocence: Accused individuals are considered innocent until proven guilty.
• Beyond reasonable doubt: The standard of proof required in a criminal trial.
• Burden of proof: The responsibility to prove a case in court. The prosecution holds the burden of proof in criminal trials.

Presumption of Innocence Around the World

• This legal principle is widely recognized internationally.
• It's enshrined in documents like the Universal Declaration of Human Rights and the ICCPR.

Bail

• Bail: A promise made by an accused person to appear in court at a later date. It allows the accused to await trial at home.
• Bail conditions can include paying money, surrendering a passport, staying at a specific address, or reporting to police.
• Bail may be denied if the court believes the accused might flee or pose a danger to the public.

Arguments for and Against the Presumption of Innocence

• Arguments for: Prevents arbitrary arrests, protects individual liberty, avoids wrongful convictions.
• Arguments against: Can delay justice, allows potentially dangerous individuals to remain free, increases costs for legal processes.

Case Study: Presumption of Innocence - On Your Bike

• Queensland's 'bikie laws' have been criticized for undermining the presumption of innocence.
• The case of Joshua Carew and others demonstrates how these laws can lead to extended detention without trial, raising concerns about the legal principle's application.

Further Discussion

• Examine if the presumption of innocence should apply in all cases, including serious crimes like mass murder.
• Consider potential consequences of removing the presumption of innocence.

Media and the Presumption of Innocence

• The media should avoid reporting in ways that undermine the presumption of innocence.
• Examples like the Martin Bryant case highlight media coverage that potentially violated this principle.

Explore the essential roles and functions of various courtroom officials. Learn how judges, juries, prosecutors, and defense counsel contribute to the judicial process. This quiz delves into the courtroom's structure and the significance of its proceedings.