Summary of Administrative Justice
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Questions and Answers

What is the primary function of an expert witness?

  • To provide emotional support to the jury
  • To represent the interests of the defendant
  • To summarize the case for the judge
  • To assist the jury in understanding complicated topics (correct)

A social enquiry report is prepared by a judge.

False (B)

What type of cases uses a social enquiry report?

Criminal and civil cases

A social enquiry report contains information about the defendant's __________.

<p>social environment</p> Signup and view all the answers

Match the following roles with their responsibilities:

<p>Expert Witness = Provides superior knowledge on a subject Probation Officer = Prepares the social enquiry report Judge = Requests the social enquiry report before sentencing Social Worker = Collects background information on the offender</p> Signup and view all the answers

What might a probation officer include in a social enquiry report?

<p>Recommendations for sentencing options (D)</p> Signup and view all the answers

A social enquiry report is used exclusively in criminal proceedings.

<p>False (B)</p> Signup and view all the answers

What aspects of the offender's life does a probation officer examine?

<p>Job, financial situation, previous offences, circumstances of the offence</p> Signup and view all the answers

Which of the following acts is NOT under the jurisdiction of the Family Court?

<p>The Criminal Justice Act (D)</p> Signup and view all the answers

The Privy Council functions as the highest court in Jamaica.

<p>True (A)</p> Signup and view all the answers

Name one power of the Family Court.

<p>Custody of children</p> Signup and view all the answers

The ______ Court deals with family matters like adoption and domestic violence.

<p>Family</p> Signup and view all the answers

Match the following Jamaican court levels with their respective tiers:

<p>Privy Council = 5th Tier Court of Appeal = 4th Tier Supreme Court = 3rd Tier Parish Court = 2nd Tier Lay magistrates’ court = 1st Tier</p> Signup and view all the answers

What is a primary purpose of specialized courts like the Family Court?

<p>To address specific needs through expertise (A)</p> Signup and view all the answers

The Family Court has jurisdiction over criminal matters only.

<p>False (B)</p> Signup and view all the answers

Which type of court is considered a summary court in Jamaica?

<p>Parish Court (D)</p> Signup and view all the answers

Only expert witnesses can provide opinions and draw conclusions in court.

<p>True (A)</p> Signup and view all the answers

Who presides over the Family Court?

<p>Resident Magistrate</p> Signup and view all the answers

What is one function of the Family Court in Jamaica?

<p>Adoption</p> Signup and view all the answers

The Family Court aims to preserve the family unit and foster the welfare of ___.

<p>children</p> Signup and view all the answers

Match the following courts to their primary focus:

<p>Family Court = Matters concerning families and children Children's Court = Deliberations under the CCPA Supreme Court = Serious family matters beyond the Family Court Domestic Violence Court = Handling cases of domestic abuse</p> Signup and view all the answers

What unique aspect do specialized courts accommodate during hearings?

<p>In-camera proceedings (D)</p> Signup and view all the answers

Specialized courts do not have the power to try cases at first instance.

<p>False (B)</p> Signup and view all the answers

What legal act outlines the establishment and jurisdiction of the Family Court?

<p>The Judicature (Family Court) Act</p> Signup and view all the answers

What is the primary purpose of a social enquiry report?

<p>To provide a profile of the offender and circumstances of the offence (B)</p> Signup and view all the answers

The probation officer decides the final sentence for the offender.

<p>False (B)</p> Signup and view all the answers

Who determines the impact of the offence on the victims?

<p>The probation officer</p> Signup and view all the answers

The probation officer will talk to members of the ______ to gauge their feelings towards the offender.

<p>community</p> Signup and view all the answers

Which of the following does a social enquiry report NOT typically include?

<p>Details of the victim's previous criminal history (D)</p> Signup and view all the answers

Family circumstances can be part of a social enquiry report.

<p>True (A)</p> Signup and view all the answers

What might a judge consider when deciding to delay sentencing an offender?

<p>The necessity of a social enquiry report</p> Signup and view all the answers

Flashcards

Family Court

A specialized court handling family-related cases, focusing on the family unit and children's welfare.

Specialized Court

A court designed to handle specific types of cases needing particular expertise.

Original Jurisdiction

The power of a court to hear and decide a case for the first time.

Civil Jurisdiction of Family Court

The Family Court handles civil cases related to family matters, including maintenance, custody, and adoption.

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Children's Court

A sub-division of Family Court dealing with cases involving children, often based on the Child Care and Protection Act.

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Judicature (Family Court) Act

The act establishing the family court, defining its jurisdiction, and outlining regional courts.

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In camera proceedings

Private court hearings meant to ensure confidentiality of family matters.

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Social Workers in Family Court

Support Family Court judges by providing reports.

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Family Court Powers

The Family Court can handle family matters related to child care, adoption, custody, domestic violence, maintenance, and property rights.

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Child Care & Protection Act

A law that gives the Family Court power to deal with issues related to children's well-being.

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Domestic Violence Act

A law that gives the Family Court power to handle cases of domestic violence and protect victims.

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Maintenance Act

A law that allows the Family Court to deal with financial support obligations between family members.

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Jamaica Court System Tiers

The Jamaican court system is structured in five tiers, from the lower courts up to the Privy Council or Caribbean Court of Justice.

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Inferior Courts

Lower courts in the Jamaican system, like Parish Courts and Petty Sessions Courts.

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Superior Courts

Higher courts in the Jamaican system, such as the Supreme Court and Court of Appeal.

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Expert Witness

A witness who has specialized knowledge and can provide opinions or conclusions on a particular topic.

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Social Enquiry Report (SER)

A report created by a probation officer, profiling an offender, their crime, circumstances, and community's attitude towards them.

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Probation Officer

A professional who investigates an offender and reports to the court.

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Offender Remorse

Feeling of guilt or sorrow over their actions towards victims.

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Impact of Crime

How an offense affected victims and the community.

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Court's Role (Sentencing)

The court determines the sentence, not the probation officer.

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Child's Circumstances Report

A report examining a child's current situation and the parents'/guardians' arrangements.

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Family Matters Report (Social Enquiry)

Social enquiry report for family matters, focusing on a child and parental arrangements.

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Community Feelings

A probation officer assesses community sentiment toward the offender.

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Social factors

Background information like upbringing, school history, job situation, financial status, and previous offenses, influencing sentencing.

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Criminal Case SER

Report on offender's background and possible motivations for crime, aiding in sentencing decisions.

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Civil Case SER

Report about parties involved in a civil case, like custody or maintenance, to evaluate family situations.

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Sentencing

Justice decision after a criminal or a civil case, based on the evaluation of different factors.

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Child protection

Social workers are involved in cases involving children. To protect them during custody cases.

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Study Notes

Administrative Justice Summary

  • The Family Court is a specialized court, either superior or intermediate, with specific powers.
  • It is designed to handle cases requiring expert or unique approaches for effective, compassionate, and sustainable solutions.
  • These courts specialize in unique cases, such as family court, children's court, and gun court.
  • Specialized courts have original jurisdiction, meaning cases are heard initially there, with appellate rights going to the appropriate court in the hierarchy.
  • The Family Court in Jamaica has jurisdiction similar to that of a resident magistrate’s court (now Parish Court).
  • The Family Court offers judicial and social services to preserve the family unit and foster children's well-being.
  • The Juvenile Act was superseded by the Children's Care and Protection Act (CCPA).
  • The CCPA provides provisions for a Children’s Court, presided over by resident magistrates or other similar officials.
  • The Family Court handles civil matters, but also has criminal jurisdiction under the CCPA.
  • Family matters are also heard in the Supreme Court.
  • Social workers are present in family court hearings to assist the judge in preparing reports for final determinations.
  • Confidentiality is important in Family Court proceedings (in camera).
  • The Family Court has powers arising from the Child Care & Protection Act, the Children’s (Adoption) Act, the Children (Guardianship & Custody) Act, the Domestic Violence Act, the Family Property (Rights of Spouses) Act, the Maintenance Act, and the Status of Children Act.
  • The Family Court's powers also include adoption, childcare, protection, custody, guardianship of children, declaration of paternity, domestic violence cases, maintenance matters, property rights of spouses, and youth delinquency.
  • The Jamaican Court System has a tiered structure, including the Privy Council (or Caribbean Court), Court of Appeal, Supreme Court, Parish Court (Resident Magistrate's Court), and Lay Magistrates' court (Petty Sessions Court).
  • Jamaican justice systems are based on the English legal system.
  • The court system has five tiers and three classifications of courts.
  • Precedents from English law and Commonwealth traditions are used.
  • There are inferior courts (summary courts), courts of record, and superior courts.
  • An intermediate court exists in Jamaica, which sits between the superior and inferior courts.
  • Court classification is based on a summary level, high court level, and appellate level.
  • The court hierarchy has corresponding authority—the higher the court, the more authoritative.

Expert Witness

  • Generally, only expert witnesses can provide opinions and draw conclusions.
  • An expert witness possesses specialized experience, making them capable of forming opinions that lay individuals can't.
  • Expert witnesses are crucial in cases involving complex subjects beyond the understanding of typical people.

Social Inquiry Report (SER)

  • SERs are used in both criminal and civil proceedings, typically before sentencing.
  • The judge requests an SER to gather information about the defendant's criminal, or civil situation or living conditions.
  • SERs contain a criminal case defendant's background information including social environment.
  • Probation officers and social workers prepare the reports.
  • Reports look at background circumstances, including their upbringing, school history, and possible factors contributing to their offense.
  • Probation officers also try to determine possible remorse for the victims, and the impact of the offense on them.
  • Members of the community are interviewed to assess public opinion about the offender.
  • Information is used to assist judges in sentencing decisions.
  • In family matters, judges may order an SER to evaluate a child's current circumstances and parental situations, including home visits.

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Related Documents

Summary of Administration of Justice PDF

Description

Explore the specialized functions and jurisdiction of Family Courts, including their role in handling civil matters and child welfare cases. This quiz covers the Family Court's responsibilities, including the provisions under the Children's Care and Protection Act (CCPA), and the significance of specialized courts in ensuring effective justice. Test your understanding of these vital legal frameworks.

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