Criminal Trials: Key Personnel and Responsibilities

• Study notes on key personnel and responsibilities in criminal trials include the judge and jury, parties and practitioners, plea negotiations, cost and time factors, cultural factors, and purpose of sanctions.

Key Personnel: Judge and Jury

• The judge/magistrate presides over criminal trials, ensuring fairness and impartiality.
• They must not have a connection to either the prosecution or the accused.

Responsibilities of the Judge/Magistrate

• Manages the trial and ensures adherence to evidence and procedure rules.
• Determines the admissibility of evidence.
• Attends to jury matters, including providing directions.
• Sentences the accused if found guilty.
• Orders representation from the Victorian Legal Aid (VLA).

Detailed Responsibilities of the Judge

• Ensures court processes follow strict rules and acts as an impartial umpire, without assisting either party and avoiding any bias.
• Decides on legal questions and applies relevant laws to the facts of the case, determining facts in the absence of a jury.
• Directs juries by explaining the burden and standard of proof, summarizing the law, and clarifying issues without favoring either party.

Responsibilities of the Criminal Jury

• Selects a foreperson to communicate with the court.
• Remains impartial and objective, disregarding any personal biases.
• Listens to and understands evidence from both parties.
• Deliberates and reaches a verdict based on the presented evidence.
• Maintains confidentiality of jury room discussions.

Delivering a Verdict

• Jurors discuss evidence and vote on the accused's guilt once the trial concludes.
• A unanimous verdict requires agreement from all jurors.
• A majority verdict requires at least 11 out of 12 jurors.
• Failure to reach a verdict results in a hung jury and a retrial.

Key Personnel: Parties and Practitioners

• The prosecution represents the state, tasked with proving the accused's guilt.
• The accused is the individual charged with a criminal offense, along with their legal representatives.

Responsibilities of the Parties in a Criminal Trial

• The prosecution must call all relevant witnesses, identify legal principles, present evidence, and communicate with victims, as well as make submissions regarding appropriate sanctions if the accused is found guilty.
• The accused must enter a plea, decide on legal representation, choose which witnesses to call, and make submissions about sanctions if found guilty.

Role of Legal Practitioners

• Legal practitioners must comply with laws and ethical obligations, prioritizing their duty to the court over their client.
• Solicitors prepare cases.
• Barristers present evidence in court.

Responsibilities of Legal Practitioners in a Trial

• Gives an opening address to the jury.
• Presents the case favorably for their client.
• Complies with duty to the court and acts ethically.
• Gives a closing address summarizing the evidence.
• Makes submissions about sentencing if a guilty verdict is reached.

Plea Negotiations

• Plea negotiations involve discussions between the prosecution and the accused regarding charges, potentially leading to the accused pleading guilty to fewer or lesser charges.
• These negotiations are conducted without prejudice.
• Expedites the justice process.
• Reduces unnecessary trials.
• Considers the victim's views, though not the deciding factor.

Appropriateness of Plea Negotiations

• Factors influencing plea negotiations include the accused's willingness to cooperate, the strength of the prosecution's case, and the potential negative consequences of a full trial.

Strengths of Plea Negotiations

• Cost-effective compared to full trials.
• Reduces delays and trauma for victims.
• May lead to reduced sentences.
• Provides certainty in outcomes.

Weaknesses of Plea Negotiations

• Creates the perception of leniency for the accused.
• Can cause pressure on the accused to accept deals.
• Lacks quality assessment of the case.
• Private negotiations may disadvantage parties.

Cost Factors and Their Impact on Justice

• The cost significantly affects both victims and the accused, particularly regarding legal representation and the availability of legal aid.
• Access to legal advice is crucial for a fair trial, but many individuals cannot afford representation, leading to self-representation in court.

Availability of Legal Aid

• Only about 8% of households can access legal aid, which has tightened due to funding reductions.
• This disproportionately affects vulnerable populations, such as those with disabilities or experiencing homelessness.

Impact of Cost Factors on Justice

• Fairness: Self-represented individuals may struggle to participate effectively in trials.
• Equality: Disparities in legal representation can lead to unequal treatment in court.
• Access: Lack of funds may prevent individuals from accessing legal resources, leading to unjust outcomes.

Time Factors and Their Impact on Justice

• Delays in the criminal justice system can negatively impact both victims and the accused.
• Key areas include court delays and the use of plea negotiations.

Court Delays

• Delays can arise from various factors, including the complexity of cases and the increasing number of self-represented parties.
• These delays can cause emotional strain and disrupt lives.

Impact of Time Factors on Justice

• Fairness: Delays can lead to emotional distress for both victims and the accused.
• Equality: Vulnerable individuals may be disproportionately affected by delays.
• Access: Longer wait times reduce court accessibility for all parties.

The Use of Plea Negotiations

• Plea negotiations help reduce court delays by facilitating early guilty pleas, leading to quicker case resolutions and freeing up court resources.

Cultural Factors and Their Impact on Justice

• To promote access to justice, the legal system must consider cultural differences, particularly for Aboriginal and Torres Strait Islander peoples.

Language Barriers

• Individuals who do not speak English as their first language may struggle to understand court documents, procedures, and their legal rights, creating significant disadvantages.

Difficulties Faced by First Nations Peoples

• They may encounter challenges due to cultural differences, such as language barriers and misunderstandings of court procedures, possibly leading to procedural unfairness.

Impact of Cultural Factors on Justice

• Fairness: Cultural misunderstandings can lead to false confessions or admissions.
• Equality: First Nations peoples may face challenges in presenting their cases effectively.
• Access: Inability to understand legal processes can result in unfair trials and over-representation in the justice system.

The Purpose of Sanctions in Criminal Cases

• Sanctions are penalties imposed by the court on individuals found guilty of criminal offenses.
• They serve various purposes, including deterrence, rehabilitation, denunciation, punishment, and protection.

Types of Sanctions

• Fines: Monetary penalties aimed at punishing and deterring offenders.
• Community Correction Orders (CCOs): Non-custodial sentences served in the community with conditions.
• Imprisonment: Removal of the offender from society for a specified period.

Fines

• Fines are expressed in penalty units, with one unit currently valued at $192.31.
• They serve to punish, deter, and publicly denounce unacceptable behaviors.

Community Correction Orders (CCOs)

• CCOs are supervised sentences served in the community, aimed at punishing and rehabilitating offenders.
• They are not available for serious offenses.

Imprisonment

• Imprisonment involves removing the offender from society, serving as a harsh penalty.
• It aims to punish, protect society, and potentially rehabilitate offenders through programs available in prison.

Sentencing Factors

• When determining sentences, courts consider aggravating and mitigating factors that influence the severity of the sanction.

Aggravating Factors

• These factors increase the seriousness of the offense and the offender's culpability, such as the use of violence, premeditation, and the vulnerability of the victim.

Mitigating Factors

• Mitigating factors reduce the seriousness of the offense, such as remorse, first offenses, and cooperation with authorities.

Victim Impact Statements

• These statements detail the injury, loss, or damage suffered by victims, assisting the court in determining appropriate sentences and allowing victims to participate in the proceedings.

Early Guilty Pleas

• It can be a mitigating factor, encouraging the accused to plead guilty and saving time and resources for the court, victims, and the accused's family.