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 hear...
Monday, 27 June 2011   3
Monday, 27 June 2011   4
1. The Local (Magistrates) Court              Hears summary offences              Conducts committal hearings to          ...
Monday, 27 June 2011   5
2. The Coroner’s Court                 deals with suspicious                 crimes when death                 occurred:  ...
Monday, 27 June 2011   6
3. Children’s Court                  deals with crimes committed by Under 18year                  olds                  Cl...
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...
Monday, 27 June 2011   9
5. District Court                       Trial court, usually jury of 12 people                       may hear all indictab...
GRAFFITI VANDALS - DISTRICT COURTMonday, 27 June 2011                    10
Monday, 27 June 2011   11
6. Supreme Court                       Most serious crimes murder, major conspiracy                       and drug offence...
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       ...
Monday, 27 June 2011   15
8. The High Court                       most criminal cases will be held in state courts                       Interprets ...
The Adversary SystemMonday, 27 June 2011                     16
The Adversary System                  Criminal justice system is based on an adversarial                  system of law   ...
Legal PersonnelMonday, 27 June 2011                     17
Legal Personnel          Judges and Magistrates - learn          the difference between the two          (Yr11 Notes)     ...
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 en...
Monday, 27 June 2011   20
Plea Bargaining (case conferencing) is often                  controversial. This is where the accused will admit         ...
Monday, 27 June 2011   21
For Plea Bargaining     Against Plea Bargaining                 decreases time delays and                                 ...
Legal Representation                          and Legal AidMonday, 27 June 2011                          22
Legal Representation                          and Legal Aid                  Dietrich v The Queen 1992 in the high court  ...
Monday, 27 June 2011   23
In 1979, the Legal Aid Commission was established by         the state government         It was created:               to...
Monday, 27 June 2011   24
The defendant must be means         tested to decide whether their         income or assets can pay for         legal repr...
Burden and Standard of                      ProofMonday, 27 June 2011                   25
Burden and Standard of                      Proof                  Burden of Proof - in criminal matters, the             ...
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...
Monday, 27 June 2011   28
Anyone who witnessed a         crime or was interviewed by         police may be subpoenaed to         appear later in cou...
Defences to Criminal                            ChargesMonday, 27 June 2011                          29
Defences to Criminal                            Charges            Most defences revolve            around the mens rea of...
COMPLETE DEFENCESMonday, 27 June 2011     30
COMPLETE DEFENCES                       If successfully proven, the accused will be                       acquitted of all...
1. MENTAL ILLNESS/INSANITYMonday, 27 June 2011             31
1. MENTAL ILLNESS/INSANITY           a defence that is only           available where the accused           can prove that...
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  ...
3. SELF DEFENCE/NECESSITY              In R v Zecevic (1987) it was held that the defendant must have              reasona...
3. SELF DEFENCE/NECESSITY              the accused can show              they carried out a crime              in the act ...
4. DURESS                       In R v Williamson [1972] NSW the                       defendant disposed of a body while ...
4. DURESS             a defendant may be             acquitted if they can show             they acted against their will ...
5. CONSENTMonday, 27 June 2011   36
5. CONSENT                  it is a complete defence for some crimes if the                  accused can show the victim f...
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 ac...
1. PROVOCATION         In R v Camplin [1978] , a 15-year-old boy successfully argued      provocation after he hit his unc...
1. PROVOCATION                 the defence whereby the                 defendant claims that their                 actions...
2. SUBSTANTIAL IMPAIRMENT/DIMINISHED RESPONSIBILITY       R v. Byrne (1960), the accused was a sexual psychopath with viol...
2. SUBSTANTIAL IMPAIRMENT/DIMINISHED RESPONSIBILITY             this defence is used when the accused is suffering        ...
Role of Juries:                       Including VerdictsMonday, 27 June 2011                        41
Role of Juries:                        Including Verdicts                  Used in District or Supreme Court in the Advers...
CHALLENGING JURORSMonday, 27 June 2011      42
CHALLENGING JURORS                  Both the prosecution and the defence have the                  right to challenge juro...
ELIGIBILITY FOR JURY DUTYMonday, 27 June 2011                43
ELIGIBILITY FOR JURY DUTY        Australian Citizen, aged 18yrs and        older        Difficult to be exempted from this ...
JURY ROLEMonday, 27 June 2011   44
JURY ROLE          Jurors are sworn in          They are allowed to make          notes          The Jury must remain fair...
VERDICTMonday, 27 June 2011   45
VERDICT               Jury will decide Guilty or Not Guilty               If they cannot reach a verdict this is called a ...
UNANIMOUS VERDICT VS MAJORITY VERDICT                        For Majority Verdict     Against Majority Verdict            ...
Multiple Choice: Crime                       1. The Coroner’s Court is which of the following?                       a - a...
ANSWER:                             a - a court that deals with the cause                               and manner of a pe...
2. Which of the following best describes the defence of                duress?                a - the accused claims that ...
ANSWER:                       b - the accused                        tries to prove                           that they   ...
3. A public prosecutor is                       a:                       a - judge                       b - magistrate   ...
ANSWER:                       c - LawyerMonday, 27 June 2011                52
4. When a defendant pleads guilty to a                       lesser charge in exchange for another                       c...
ANSWER:                  a - plea bargainingMonday, 27 June 2011                    54
5. The standard of proof in a criminal                       case is best described as:                       a - beyond r...
ANSWER:                           a - beyond reasonable doubt                  I HAVE                  DOUBTMonday, 27 Jun...
6. Ray is charged with importing a large                       amount of cocaine, to which he pleads                      ...
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 w...
ANSWER:                       A - To assess                       whether there is                       a prima facie    ...
8. Jack hit a man who pushed and                       shouted at his elderly mother. What                       defence s...
ANSWER:                          B - ProvocationMonday, 27 June 2011                        62
Extended Response:                             Crime                   Assess the effectiveness of Legal Aid in promoting ...
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Criminal Trial Process

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Criminal Trial Process

  1. 1. Criminal Trial Process Section 3 - CrimeMonday, 27 June 2011 1
  2. 2. Court JurisdictionMonday, 27 June 2011 2
  3. 3. 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
  4. 4. Monday, 27 June 2011 3
  5. 5. Monday, 27 June 2011 4
  6. 6. 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
  7. 7. Monday, 27 June 2011 5
  8. 8. 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
  9. 9. Monday, 27 June 2011 6
  10. 10. 3. Children’s Court deals with crimes committed by Under 18year olds Closed CourtMonday, 27 June 2011 6
  11. 11. JUSTIN BIEBER EGG THROWING CRIME CHILDREN’S COURTMonday, 27 June 2011 7
  12. 12. Monday, 27 June 2011 8
  13. 13. 4. Land and Environment Court some environmental offences, such as illegal polluting or dumping.Monday, 27 June 2011 8
  14. 14. Monday, 27 June 2011 9
  15. 15. 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
  16. 16. GRAFFITI VANDALS - DISTRICT COURTMonday, 27 June 2011 10
  17. 17. Monday, 27 June 2011 11
  18. 18. 6. Supreme Court Most serious crimes murder, major conspiracy and drug offences, Commonwealth breaches of corporate lawMonday, 27 June 2011 11
  19. 19. KELLI LANE TRIAL EVIDENCEMonday, 27 June 2011 12
  20. 20. KELLI LANE JURYMonday, 27 June 2011 13
  21. 21. Monday, 27 June 2011 14
  22. 22. 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
  23. 23. Monday, 27 June 2011 15
  24. 24. 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
  25. 25. The Adversary SystemMonday, 27 June 2011 16
  26. 26. 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
  27. 27. Legal PersonnelMonday, 27 June 2011 17
  28. 28. 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
  29. 29. Monday, 27 June 2011 18
  30. 30. Monday, 27 June 2011 18
  31. 31. Pleas and Charge NegotiationMonday, 27 June 2011 19
  32. 32. 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
  33. 33. Monday, 27 June 2011 20
  34. 34. 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
  35. 35. Monday, 27 June 2011 21
  36. 36. 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
  37. 37. Legal Representation and Legal AidMonday, 27 June 2011 22
  38. 38. 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
  39. 39. Monday, 27 June 2011 23
  40. 40. 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
  41. 41. Monday, 27 June 2011 24
  42. 42. 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
  43. 43. Burden and Standard of ProofMonday, 27 June 2011 25
  44. 44. 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
  45. 45. BURDEN OF PROOF - STANDARD OF PROOF BEYOND REASONABLE DOUBTMonday, 27 June 2011 26
  46. 46. Use of Evidence, Including WitnessesMonday, 27 June 2011 27
  47. 47. 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
  48. 48. Monday, 27 June 2011 28
  49. 49. 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
  50. 50. Defences to Criminal ChargesMonday, 27 June 2011 29
  51. 51. 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
  52. 52. COMPLETE DEFENCESMonday, 27 June 2011 30
  53. 53. COMPLETE DEFENCES If successfully proven, the accused will be acquitted of all charges in the trialMonday, 27 June 2011 30
  54. 54. 1. MENTAL ILLNESS/INSANITYMonday, 27 June 2011 31
  55. 55. 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
  56. 56. INSANITY DEFENCEMonday, 27 June 2011 32
  57. 57. 2. INVOLUNTARY BEHAVIOUR/AUTOMATISMMonday, 27 June 2011 33
  58. 58. 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
  59. 59. 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
  60. 60. 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
  61. 61. 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
  62. 62. 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
  63. 63. 5. CONSENTMonday, 27 June 2011 36
  64. 64. 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
  65. 65. CASES INVOLVING DEFENCESMonday, 27 June 2011 37
  66. 66. PARTIAL DEFENCES TO MURDERMonday, 27 June 2011 38
  67. 67. 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
  68. 68. 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
  69. 69. 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
  70. 70. 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
  71. 71. 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
  72. 72. Role of Juries: Including VerdictsMonday, 27 June 2011 41
  73. 73. 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
  74. 74. CHALLENGING JURORSMonday, 27 June 2011 42
  75. 75. 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
  76. 76. ELIGIBILITY FOR JURY DUTYMonday, 27 June 2011 43
  77. 77. 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
  78. 78. JURY ROLEMonday, 27 June 2011 44
  79. 79. 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
  80. 80. VERDICTMonday, 27 June 2011 45
  81. 81. 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
  82. 82. 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
  83. 83. 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
  84. 84. ANSWER: a - a court that deals with the cause and manner of a person’s deathMonday, 27 June 2011 48
  85. 85. 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
  86. 86. ANSWER: b - the accused tries to prove that they committed a crime against their own free willMonday, 27 June 2011 50
  87. 87. 3. A public prosecutor is a: a - judge b - magistrate c - lawyer d - police officerMonday, 27 June 2011 51
  88. 88. ANSWER: c - LawyerMonday, 27 June 2011 52
  89. 89. 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
  90. 90. ANSWER: a - plea bargainingMonday, 27 June 2011 54
  91. 91. 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
  92. 92. ANSWER: a - beyond reasonable doubt I HAVE DOUBTMonday, 27 June 2011 56
  93. 93. 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
  94. 94. ANSWER: B -The Supreme CourtMonday, 27 June 2011 58
  95. 95. 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
  96. 96. ANSWER: A - To assess whether there is a prima facie caseMonday, 27 June 2011 60
  97. 97. 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
  98. 98. ANSWER: B - ProvocationMonday, 27 June 2011 62
  99. 99. Extended Response: Crime Assess the effectiveness of Legal Aid in promoting fairness in the legal system.Monday, 27 June 2011 63
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