Criminal Trial Process
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Criminal Trial Process

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    Criminal Trial Process Criminal Trial Process Presentation Transcript

    • Criminal Trial Process Section 3 - CrimeMonday, 27 June 2011 1
    • Court JurisdictionMonday, 27 June 2011 2
    • Court Jurisdiction Courts will be used depending if it is a bail hearing, committal hearing or trial Some courts will have power to hear certain trial cases. Local, District, Supreme The authority for a court to hear a matter for the first time is known as the court’s original jurisdiction The authority to review matters on appeal from another court is known as the court’s appellateMonday, 27 June 2011 2
    • Monday, 27 June 2011 3
    • Monday, 27 June 2011 4
    • 1. The Local (Magistrates) Court Hears summary offences Conducts committal hearings to establish Prima Facie No jury present Bail Hearings will often be heard The local court can be efficient, it may be cheaper and quicker to establish the correct evidence for a trialMonday, 27 June 2011 4
    • Monday, 27 June 2011 5
    • 2. The Coroner’s Court deals with suspicious crimes when death occurred: in a violent way after an accident in police custody receiving medical careMonday, 27 June 2011 5
    • Monday, 27 June 2011 6
    • 3. Children’s Court deals with crimes committed by Under 18year olds Closed CourtMonday, 27 June 2011 6
    • JUSTIN BIEBER EGG THROWING CRIME CHILDREN’S COURTMonday, 27 June 2011 7
    • Monday, 27 June 2011 8
    • 4. Land and Environment Court some environmental offences, such as illegal polluting or dumping.Monday, 27 June 2011 8
    • Monday, 27 June 2011 9
    • 5. District Court Trial court, usually jury of 12 people may hear all indictable offences except for murder and treason Court Proceedings will take longer than the local court and cost more money to the accusedMonday, 27 June 2011 9
    • GRAFFITI VANDALS - DISTRICT COURTMonday, 27 June 2011 10
    • Monday, 27 June 2011 11
    • 6. Supreme Court Most serious crimes murder, major conspiracy and drug offences, Commonwealth breaches of corporate lawMonday, 27 June 2011 11
    • KELLI LANE TRIAL EVIDENCEMonday, 27 June 2011 12
    • KELLI LANE JURYMonday, 27 June 2011 13
    • Monday, 27 June 2011 14
    • 7. Criminal Court of Appeal Appeals from the District or Supreme Courts appeals may include a question of law, a question of fact, or a challenge to the severity or adequacy of a sentenceMonday, 27 June 2011 14
    • Monday, 27 June 2011 15
    • 8. The High Court most criminal cases will be held in state courts Interprets the Constitution which may involve criminal lawMonday, 27 June 2011 15
    • The Adversary SystemMonday, 27 June 2011 16
    • The Adversary System Criminal justice system is based on an adversarial system of law Supporters of this system say its fair because both sides have the opportunity to present the case Opponents argue that in many cases the competing sides are not equal before the law, with potential imbalances in resources, skills or knowledge. The Jury may also misunderstand the caseMonday, 27 June 2011 16
    • Legal PersonnelMonday, 27 June 2011 17
    • Legal Personnel Judges and Magistrates - learn the difference between the two (Yr11 Notes) Prosecutors - Police and Director of Public Prosecutions (DPP) Barristers, Public Defenders and Solicitors - a Public Defender is public barristers who can appear for an accused in serious criminal matters where legal aid has been grantedMonday, 27 June 2011 17
    • Monday, 27 June 2011 18
    • Monday, 27 June 2011 18
    • Pleas and Charge NegotiationMonday, 27 June 2011 19
    • Pleas and Charge Negotiation The law requires the accused to enter into a plea of guilty or not guilty Pleas will affect the sentencing process especially if the accused admits guilt at this stageMonday, 27 June 2011 19
    • Monday, 27 June 2011 20
    • Plea Bargaining (case conferencing) is often controversial. This is where the accused will admit guilt to a lesser charge in order for higher charges to be withdrawn This will result in faster and less costly cases for the prosecutionMonday, 27 June 2011 20
    • Monday, 27 June 2011 21
    • For Plea Bargaining Against Plea Bargaining decreases time delays and crimes may go unpunished costs the accused may plead guilt Increases the rate of to a lesser charge they are criminal convictions innocent towards that conviction on a lesser May lead to bullying of the charge is better then no accused and not give the charge at all right to fair trialMonday, 27 June 2011 21
    • Legal Representation and Legal AidMonday, 27 June 2011 22
    • Legal Representation and Legal Aid Dietrich v The Queen 1992 in the high court established the right to a fair trial in consideration to the accused not being able to afford legal representation Not everyone has the finances to seek proper legal representation. Can result to injustices in the courtroomMonday, 27 June 2011 22
    • Monday, 27 June 2011 23
    • In 1979, the Legal Aid Commission was established by the state government It was created: to give access to proper law representation for marginalised and disadvantaged groups to have equitable access before the law for all groups of societyMonday, 27 June 2011 23
    • Monday, 27 June 2011 24
    • The defendant must be means tested to decide whether their income or assets can pay for legal representation Merit Test will not be used in criminal matters Jurisdiction Test will be used to see what area of law is being used. Not all areas of law will be covered Legal Aid is often limited in funding where many people who require assistance may not receive itMonday, 27 June 2011 24
    • Burden and Standard of ProofMonday, 27 June 2011 25
    • Burden and Standard of Proof Burden of Proof - in criminal matters, the responsibility of the prosecution to prove the case against the accused Standard of Proof - the level of proof required for a party to succeed in court. Prosecution must prove the case beyond reasonable doubt the Prosecution will often bring a case to trial if they believe there is enough evidence to prove the guilt of the accused to the juryMonday, 27 June 2011 25
    • BURDEN OF PROOF - STANDARD OF PROOF BEYOND REASONABLE DOUBTMonday, 27 June 2011 26
    • Use of Evidence, Including WitnessesMonday, 27 June 2011 27
    • Use of Evidence, Including Witnesses For evidence to be admissible it needs to be relevant and obtained legally by the crown The different forms of evidence are witness testimony, real evidence (tape recordings, charts, photographs etc) and documentary evidence (documents from the crime scene)Monday, 27 June 2011 27
    • Monday, 27 June 2011 28
    • Anyone who witnessed a crime or was interviewed by police may be subpoenaed to appear later in court The witness will be cross examined by both sides of the adversary system An expert witness may be called who is qualified in a specific area (DNA testing, mental health doctor)Monday, 27 June 2011 28
    • Defences to Criminal ChargesMonday, 27 June 2011 29
    • Defences to Criminal Charges Most defences revolve around the mens rea of the offence Defences help achieve justice because it considers the accused actions surrounding the crime A defence can simply be innocent of the alleged chargesMonday, 27 June 2011 29
    • COMPLETE DEFENCESMonday, 27 June 2011 30
    • COMPLETE DEFENCES If successfully proven, the accused will be acquitted of all charges in the trialMonday, 27 June 2011 30
    • 1. MENTAL ILLNESS/INSANITYMonday, 27 June 2011 31
    • 1. MENTAL ILLNESS/INSANITY a defence that is only available where the accused can prove that they were in fact mentally incapacitated when they committed the offence This relates to proving a lack of mens rea The defence of insanity is very difficult to prove The McNagthen Test 1843 is used to prove whether the accused can use insanityMonday, 27 June 2011 31
    • INSANITY DEFENCEMonday, 27 June 2011 32
    • 2. INVOLUNTARY BEHAVIOUR/AUTOMATISMMonday, 27 June 2011 33
    • 2. INVOLUNTARY BEHAVIOUR/AUTOMATISM relating to the mens rea of the accused – that the accused’s action was not voluntary or could not be controlled Mens rea cannot be established under this defenceMonday, 27 June 2011 33
    • 3. SELF DEFENCE/NECESSITY In R v Zecevic (1987) it was held that the defendant must have reasonable grounds to believe their life was threatened and they must use ‘proportional and reasonable force’ to defend themselves. Zecevic’s Case stemmed from a dispute over a parking spaceMonday, 27 June 2011 34
    • 3. SELF DEFENCE/NECESSITY the accused can show they carried out a crime in the act of defending themselves or property the jury is compelled to either acquit the defendant or find them guilty of the crime In R v Zecevic (1987) it was held that the defendant must have reasonable grounds to believe their life was threatened and they must use ‘proportional and reasonable force’ to defend themselves. Zecevic’s Case stemmed from a dispute over a parking spaceMonday, 27 June 2011 34
    • 4. DURESS In R v Williamson [1972] NSW the defendant disposed of a body while under a death threat and this threat was held to constitute duress.Monday, 27 June 2011 35
    • 4. DURESS a defendant may be acquitted if they can show they acted against their will under unlawful pressure e.g held at gunpoint to commit murder In R v Williamson [1972] NSW the defendant disposed of a body while under a death threat and this threat was held to constitute duress.Monday, 27 June 2011 35
    • 5. CONSENTMonday, 27 June 2011 36
    • 5. CONSENT it is a complete defence for some crimes if the accused can show the victim freely consented to the act in question e.g sexual assault This cannot be used for crimes such as murderMonday, 27 June 2011 36
    • CASES INVOLVING DEFENCESMonday, 27 June 2011 37
    • PARTIAL DEFENCES TO MURDERMonday, 27 June 2011 38
    • PARTIAL DEFENCES TO MURDER mitigating circumstances that caused them to carry out the act. This may reduce the sentence or even acquit the accused A good example is a murder charge downgraded to manslaughterMonday, 27 June 2011 38
    • 1. PROVOCATION In R v Camplin [1978] , a 15-year-old boy successfully argued provocation after he hit his uncle with a frying pan and killed him. The uncle had just sexually assaulted the boy and was mocking him about the incident. The court held that an ‘ordinary person’ in the position of the accused would have formed the intent to kill or inflict grievous bodily harm on the person who had assaulted them.Monday, 27 June 2011 39
    • 1. PROVOCATION the defence whereby the defendant claims that their actions were a direct result of another person’s actions, and caused them to lose control of their actions Abolished in other states but not NSW In R v Camplin [1978] , a 15-year-old boy successfully argued provocation after he hit his uncle with a frying pan and killed him. The uncle had just sexually assaulted the boy and was mocking him about the incident. The court held that an ‘ordinary person’ in the position of the accused would have formed the intent to kill or inflict grievous bodily harm on the person who had assaulted them.Monday, 27 June 2011 39
    • 2. SUBSTANTIAL IMPAIRMENT/DIMINISHED RESPONSIBILITY R v. Byrne (1960), the accused was a sexual psychopath with violent sexual desires that he could not control. Most of the time he was considered to be normal, but the occasional episodes had led to homicide in the past. In this case, the court ruled that the charge of murder should be reduced to that of manslaughter.Monday, 27 June 2011 40
    • 2. SUBSTANTIAL IMPAIRMENT/DIMINISHED RESPONSIBILITY this defence is used when the accused is suffering from a mental impairment that caused them to commit the crime abnormalities include a low IQ or mental retardation Being drunk or under the influence of mind-altering drugs cannot be used R v. Byrne (1960), the accused was a sexual psychopath with violent sexual desires that he could not control. Most of the time he was considered to be normal, but the occasional episodes had led to homicide in the past. In this case, the court ruled that the charge of murder should be reduced to that of manslaughter.Monday, 27 June 2011 40
    • Role of Juries: Including VerdictsMonday, 27 June 2011 41
    • Role of Juries: Including Verdicts Used in District or Supreme Court in the Adversary System Jury of 12 people whose job is to ‘fact find’Monday, 27 June 2011 41
    • CHALLENGING JURORSMonday, 27 June 2011 42
    • CHALLENGING JURORS Both the prosecution and the defence have the right to challenge jurors Peremptory challenge - when the legal team strikes a juror without needing a specific reason. (only knows their name) Challenge for Cause - when the legal team strikes a juror because it is believed that for some reason the juror will be prejudicialMonday, 27 June 2011 42
    • ELIGIBILITY FOR JURY DUTYMonday, 27 June 2011 43
    • ELIGIBILITY FOR JURY DUTY Australian Citizen, aged 18yrs and older Difficult to be exempted from this civil service Ineligible to sit on a jury People who cannot speak English Emergency Service Staff Convicted Criminals Disabled People Legal ProfessionalsMonday, 27 June 2011 43
    • JURY ROLEMonday, 27 June 2011 44
    • JURY ROLE Jurors are sworn in They are allowed to make notes The Jury must remain fair and open minded They must not discuss the case outside of the court If enough time has been taken to make the decision a majority verdict may be allowedMonday, 27 June 2011 44
    • VERDICTMonday, 27 June 2011 45
    • VERDICT Jury will decide Guilty or Not Guilty If they cannot reach a verdict this is called a ‘Hung Jury’. This can lead to a retrial Retrials can be a major strain on both the prosecution and accusedMonday, 27 June 2011 45
    • UNANIMOUS VERDICT VS MAJORITY VERDICT For Majority Verdict Against Majority Verdict removing unreasonable disagreements are rare jurors in the process discounting the possibility avoid time delays and cost of finding a reasonable doubt decision may persuade the jury from saving the victim from a the beginning that they only retrial need to get an 11 countMonday, 27 June 2011 46
    • Multiple Choice: Crime 1. The Coroner’s Court is which of the following? a - a court that deals with the cause and manner of a person’s death b - a court where most criminal cases are heard c - a court where the general public are prohibited from viewing proceedings d - the highest court in AustraliaMonday, 27 June 2011 47
    • ANSWER: a - a court that deals with the cause and manner of a person’s deathMonday, 27 June 2011 48
    • 2. Which of the following best describes the defence of duress? a - the accused claims that the victim consented to the crime carried out against them b - the accused tries to prove that they committed a crime against their own free will c - the crime was done in the act of self-defence d - the victim’s actions caused the accused to lose controlMonday, 27 June 2011 49
    • ANSWER: b - the accused tries to prove that they committed a crime against their own free willMonday, 27 June 2011 50
    • 3. A public prosecutor is a: a - judge b - magistrate c - lawyer d - police officerMonday, 27 June 2011 51
    • ANSWER: c - LawyerMonday, 27 June 2011 52
    • 4. When a defendant pleads guilty to a lesser charge in exchange for another charge being withdrawn it is referred to as: a - plea bargaining b - charge bargaining c - double jeopardy d - committal hearingMonday, 27 June 2011 53
    • ANSWER: a - plea bargainingMonday, 27 June 2011 54
    • 5. The standard of proof in a criminal case is best described as: a - beyond reasonable doubt b - balance of all probabilities c - diminished responsibility d - innocent until proven guiltyMonday, 27 June 2011 55
    • ANSWER: a - beyond reasonable doubt I HAVE DOUBTMonday, 27 June 2011 56
    • 6. Ray is charged with importing a large amount of cocaine, to which he pleads guilty. Which court will sentence Ray? A -The Local Court B - The Supreme Court C - The High Court D - The District CourtMonday, 27 June 2011 57
    • ANSWER: B -The Supreme CourtMonday, 27 June 2011 58
    • 7. Which of the following best describes the purpose of a committal hearing? A - To assess whether there is a prima facie case B -To sentence a person found guilty of a crime C - To determine the accused person’s guilt D - To decide whether the Crimes Act 1900 defi nes the offence as a crimeMonday, 27 June 2011 59
    • ANSWER: A - To assess whether there is a prima facie caseMonday, 27 June 2011 60
    • 8. Jack hit a man who pushed and shouted at his elderly mother. What defence should Jack use in this case? A - Self-defence B - Provocation C - Necessity D - CompulsionMonday, 27 June 2011 61
    • ANSWER: B - ProvocationMonday, 27 June 2011 62
    • Extended Response: Crime Assess the effectiveness of Legal Aid in promoting fairness in the legal system.Monday, 27 June 2011 63