A Psychologists’ Guide to the Australian Legal System PDF

A Psychologists’ Guide to the Australian Legal System Lesson Information This lesson covers material designed to give you an overview of the Australian legal system. Whilst this is important in understanding many parts of the course, please note that this lesson is only designed to give a basic ov...

A Psychologists’ Guide to the Australian Legal System Lesson Information This lesson covers material designed to give you an overview of the Australian legal system. Whilst this is important in understanding many parts of the course, please note that this lesson is only designed to give a basic overview for psychology students, not an exhaustive understanding of the criminal justice system. There are three main topics in this lesson: • Legal Systems • Courts • Law vs. Science Legal Systems Adversarial vs. Inquisitorial Systems Countries across the world have either inquisitorial or adversarial legal systems. Adversarial In adversarial systems, the defence and prosecution are primarily involved in the fact-finding in a case. They then present their evidence to the court and the judge acts as an impartial referee between the parties. Inquisitorial In inquisitorial legal systems, the court (and trial judges) play an active role in the fact-finding in a case, with assistance from the defence and prosecution. What type of legal system do you think is used in Australia? • Inquisitorial • Adversarial Types of Law • Two types of law are tried in the courts in Australia. Civil vs. Criminal Law There are two main types of law in Australia. Civil Law Civil law deals with disputes between one entity and another. It covers a variety of types of cases, including Contracts, Torts, Property, Sucession and Family Law. The following are examples of civil cases: custody disputes, bankruptcy, defamation or breach of contract. Criminal Law Criminal law generally involves regulating crimes that are considered immoral by society (e.g. murder). It typically deals with an individual’s offenses against the state or federal government. The following are examples of civil cases: homicide, conspiracy, assault or property damage. Who's Who In Court? Courts in Australia The Court Hierarchy High Court The High Court (as the name suggests) is the highest court in Australia. It has jurisdiction over all other courts in Australia. It was established in 1901 by Section 71 of the Constitution. The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts. It is the final court where civil and criminal appeals are heard (although this is rare). Federal Court The Federal Court considers cases from a wide range of area: • • • • • • Bankruptcy Corporations Industrial relations Native title Taxation Trade practices laws It also hears appeals from the Federal Circuit Court. Decisions made by the Full Court in the Federal Court are binding to judges in the Federal Circuit Court. Family Court Separate courts sit in each state (except Western Australia) to hear appeal decisions in family law matters from the Federal Circuit Court. They also hear all other family matters, including: • parental disputes • matrimonial property • child support In Western Australia, all family matters are heard in the State Court. Decisions made by the Full Court in the Family Court are binding to judges in the Federal Circuit Court. Federal Circuit Court The Federal Circuit Court (formerly the Federal Magistrates Court) hears disputes in less complex matters including: • • • • • • • family law and child support administrative law bankruptcy copyright human rights and migration industrial law and trade practices privacy Decisions made on appeal by a Federal Circuit Court judge are binding to the Family and Federal Court. Supreme Court Separate Supreme Courts sit in each state or territory and sit above both District and Local Courts. Each court has two divisions: the Trial Division and the Court of Appeal. Most Supreme Courts will conduct jury trials for indictable offences but this is generally only for very serious offences, such as murder. The Trial Division deals with civil cases over $250,000 and criminal offences such as murder, manslaughter and serious drug offences. This division has a jury of ordinary citizens who determine if the accused is guilty or not guilty. The Court of Appeal deals with cases heard in lower courts and cases are heard by three or five judges. District Courts District Courts sit above Local Courts and hear appeals from the Local Court. It also deals with civil cases up to $750,000 and criminal offences such as: • offences against the person, including manslaughter, • assaults and sexual assaults • offences relating to property: including offences like robbery from the person, break, enter and steal, larceny (stealing) and embezzlement • offences involving illicit drug use, including importation, supply and possession offences • offences involving fraud Local Courts Magistrates in Local Courts (or Magistrate Courts) hear civil and criminal cases and deliver a verdicts, usually a fine or punishment. Cases in the Magistrates Court are civil matters involving less that $100,000 and criminal cases such as theft and drink driving. If the case is more serious, a committal hearing will occur to determine if the case should be heard in a higher court. Magistrate’s courts include Children’s Court, Minor Debts Court, Coroner’s Court, Small Claims Tribunals and Industrial Magistrates Courts. Australian Courts Quiz Please answer each of these questions. The answers will be revealed on the next slide. Which court has final jurisdiction on all cases in Australia? • The Supreme Court • The High Court If you were attending a family matters case in Western Australia, which court would hear the case? • The High Court • A Western Australian State Court • The Family Court • A Western Australian District Court Which type of cases does the Supreme Court hear? • Civil and Criminal Cases • Constitutional Cases Australian Courts Quiz Which court has final jurisdiction on all cases in Australia? • The Supreme Court • The High Court If you were attending a family matters case in Western Australia, which court would hear the case? • The High Court • A Western Australian State Court • The Family Court • A Western Australian District Court Which type of cases does the Supreme Court hear? • Civil and Criminal Cases • Constitutional Cases Law vs. Science Law vs. Science As disciplines, law and science have similarities and differences that are important to understand. Both law and science rely heavily on logic, facts and evidence. They both derive general principles according to specific circumstances; and specific circumstances according to general principles. However, there are also many differences between science and law. These differences are critical to understanding the application of psychology to the legal system. Goals of Law and Science When considering the ultimate goal of each discipline, which one of the below responses do you consider to be most important? Answers will be revealed in bold on the next page. Science • Justice • Knowledge • Persecution • Finding the Truth • Objectivity • • • • • • Law Justice Knowledge Persecution Finding the Truth Objectivity Goals of Law and Science When considering the ultimate goal of each discipline, which one of the below responses do you consider to be most important? Science • Justice • Knowledge • Persecution • Finding the Truth • Objectivity • • • • • • Law Justice Knowledge Persecution Finding the Truth Objectivity What is Evidence? When thinking about what is considered evidence in both law and science, there are key differences. Science In science, evidence serves to either support or counter a scientific theory or hypothesis. Such evidence is seen in repeatable observations of natural phenomena. Law In law, evidence serves to either support or counter a party's case. Such evidence is seen in statements made by witnesses. Testing Evidence When testing evidence in both law and science, there are also key differences. Science In science, evidence is slowly established by repeated observations and revisions and analytical methodologies used to test evidence. Ultimately, science considers evidence to be a unit of observation. Law In law, evidence is tested by the questioning of witnesses to determine if they are honest and competent. It is also tested by previous precedent in legal cases. Updating Evidence When updating evidence in both law and science, there are also key differences. Science In science, evidence is updated with new information and observed phenomena in experiments. For example, the theory of evolution is continually updated based on new experiments and observed phenomena in nature. Law In law, it is harder to 'update' evidence based on new information. Instead, evidence heard in contemporary cases tends to be tested with precedent from historical cases. However, evidence and established practices can be updated based on new precedent set in some cases (e.g. appeals). Determining Accuracy of Evidence How both disciplines determine the accuracy of evidence also differs. Science In science, the criteria for whether or not evidence is considered accurate involves repeated observations of phenomena, and the reliability and validity of the methodology used in those observations. Law In law, the criteria for whether or not evidence is considered accurate involves the internal consistency and external corroboration of a story (sometimes across evidence and witness), and the reputation of single witness or experts. Interaction of Science and Law The way in which science and law interact with each other is also critical to understanding how psychology can be applied to the legal system. Law can call on science to answer certain questions in cases, usually in the form of an expert witness. There are also some circumstances in which legal precedent from past cases can be relied on to inform new cases in circumstances in which a scientific experiment cannot be repeated (due to inadequate replication or controls, or they are morally unrepeatable). Some examples include: circumstances in which events are hazardous to human life (e.g. arson or environmental disasters) or on a very large scale (e.g. atmospheric pollution from industry), or medical evidence (e.g. physical symptoms associated with certain injuries or crimes) or epidemiological studies (e.g. the effects of disease on a population. Public Perceptions Despite all the differences, there are some key similarities between law and science - including public perception of both disciplines. Science People often believe that science has hard facts, whereas the scientific method actually involves establishing scientific theories or hypotheses that are tested with repeatable observations. Law People often believe that law is determined by a 'rulebook' of indisputable laws. However, the law is generally guided by legal precedents from previous cases and these are always open to interpretation. APA Legal Referencing Below are some examples of how to reference legal sources in APA 6th. Edition formatting: Court Cases In-Text: Party v. Party (Year) [e.g. (Dowdy v Commonwealth of Virginia, 2007)] Reference List: Party v. Party. (Year). Relevant Legal Citation/Report Citation (Jurisdiction Abbreviation) [e.g. Dowdy v Commonwealth of Virginia. (2007). 278 Va. 577 (VA).] Legislation In-Text: Title of Act (Year) [e.g. (Mental Health Act 2007)] Reference List: Title of the legislation and the year. (Jurisdiction). [e.g. Mental Health Act 2007. (NSW).] Note: Bills are referenced the same as Legislation, but without italicisation. Legal Resources • Below are a series of resources that can be used to find legal resources: • Finding Legislation and Bills: https://www.legislation.gov.au/ • Finding Case Law: https://www.austlii.edu.au/austlii/help/cases.html • Jurisdiction-Specific Legal Databases: https://www.austlii.edu.au/databases.html • International Legal Resources: http://www.worldlii.org/ • Legal Blogs and Podcasts • http://for-sci-law.blogspot.com/ • https://www.abc.net.au/radionational/programs/lawreport/ Finished! You have finished the lesson on the Psychologists' Guide to the Australian Legal System. Well done! You can revisit this lesson as many times as you need during the course.