Courts and Their Functions
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Courts and Their Functions

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Questions and Answers

What does the presumption of innocence signify in a legal context?

  • Accused individuals are automatically granted bail.
  • A person's guilt must be established beyond a reasonable doubt. (correct)
  • The media can report on the accused's guilt without evidence.
  • A person is guilty until proven innocent.

    • What potential impact does media coverage have on the presumption of innocence?

  • It can create a bias against the accused before trial. (correct)
  • It ensures that the accused receives a fair trial.
  • It has no effect on public perception of the accused.
  • It reinforces the legal rights of the accused.

    • Why might bail be denied to an accused individual?

  • If they are deemed innocent.
  • If they are likely to flee or pose a danger to the community. (correct)
  • If they have strong ties to the community.
  • If they are charged with a minor offense.

    • What indication does Joshua Carew's solitary confinement for six weeks suggest about the Queensland Government's view on presumption of innocence?

    <p>They prioritize public safety over individual rights.</p> Signup and view all the answers

    Which of the following best describes the principle of 'beyond reasonable doubt'?

    <p>A jury must be completely convinced of the accused's guilt.</p> Signup and view all the answers

    What is the primary role of a magistrate in lower courts?

    <p>To decide the verdict and sentence after hearing cases</p> Signup and view all the answers

    Which of the following statements about juries is correct?

    <p>Juries hear evidence and decide on guilt in criminal cases.</p> Signup and view all the answers

    In which court would the most serious criminal offenses be heard?

    <p>Supreme Court</p> Signup and view all the answers

    What is required of individuals when addressing a magistrate in court?

    <p>They must address the magistrate as 'Your Honour'</p> Signup and view all the answers

    What is the main role of the jury in a criminal trial?

    <p>To decide whether the accused is guilty beyond a reasonable doubt</p> Signup and view all the answers

    Which statement accurately describes the role of the media in court proceedings?

    <p>They observe proceedings to report on them.</p> Signup and view all the answers

    What does the prosecutor do in a courtroom?

    <p>Convincingly persuades the jury of the accused's guilt</p> Signup and view all the answers

    What happens if an accused pleads 'Not guilty' in a higher court?

    <p>A jury may be selected to determine the outcome.</p> Signup and view all the answers

    Which of the following roles is NOT typically present in a lower court?

    <p>A jury</p> Signup and view all the answers

    Who manages the paperwork in the courtroom?

    <p>The judge's associate</p> Signup and view all the answers

    What is the outcome if the jury's verdict is 'not guilty'?

    <p>The accused is free to leave the court.</p> Signup and view all the answers

    What is required of all jurors before they can reach a verdict?

    <p>They must agree unanimously on the verdict</p> Signup and view all the answers

    How does a judge contribute to the trial process?

    <p>They ensure that jury members understand the proceedings</p> Signup and view all the answers

    When the accused pleads guilty, what does the counsel for the defence aim to do?

    <p>Minimize the severity of the punishment</p> Signup and view all the answers

    In what capacity does the tipstaff assist in the courtroom?

    <p>By helping the judge maintain order</p> Signup and view all the answers

    What distinguishes higher courts from lower courts?

    <p>Higher courts generally handle more serious cases</p> Signup and view all the answers

    What does the presumption of innocence signify in a court of law?

    <p>An accused person is presumed innocent until proven guilty.</p> Signup and view all the answers

    What is the burden of proof in a criminal trial?

    <p>The responsibility of the prosecution to prove the accused's guilt.</p> Signup and view all the answers

    Under what conditions can bail be refused to an accused individual?

    <p>If the accused poses a potential risk to public safety.</p> Signup and view all the answers

    What does the term 'beyond reasonable doubt' refer to?

    <p>A standard of proof required to convict a defendant.</p> Signup and view all the answers

    Which international documents recognize the presumption of innocence?

    <p>The Universal Declaration of Human Rights and the ICCPR.</p> Signup and view all the answers

    What happens if bail is granted to an accused person?

    <p>They must promise to appear in court at a later date.</p> Signup and view all the answers

    What principle does the presumption of innocence help to uphold?

    <p>That the prosecution must prove guilt with compelling evidence.</p> Signup and view all the answers

    Which of the following statements regarding the presumption of innocence is NOT true?

    <p>It allows police to detain anyone without evidence.</p> Signup and view all the answers

    What is the primary principle that protects individuals from being presumed guilty until proven otherwise?

    <p>Presumption of innocence</p> Signup and view all the answers

    What is one argument presented against the presumption of innocence?

    <p>It slows down legal proceedings excessively.</p> Signup and view all the answers

    What was a specific objective of the 2013 bikie laws introduced in Queensland?

    <p>To target illegal activities of gangs.</p> Signup and view all the answers

    What consequence is mentioned regarding individuals accused under the bikie laws?

    <p>They may face solitary confinement until their trial.</p> Signup and view all the answers

    Which of the following statements reflects a common perception of police mentioned in the content?

    <p>They are honest and do a good job.</p> Signup and view all the answers

    What is one of the potential risks mentioned regarding individuals accused of serious crimes?

    <p>They might neglect to appear for a trial.</p> Signup and view all the answers

    What do critics of the presumption of innocence believe about its effects on law enforcement?

    <p>It empowers criminals to escape justice.</p> Signup and view all the answers

    What is implied about the guilt of individuals charged under the bikie laws, according to a family member's statement?

    <p>They have the right to a fair trial before being deemed guilty.</p> Signup and view all the answers

    Study Notes

    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.

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    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.

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