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, 18 June 2012 1
  • Main Syllabus Points Hint: The largest section for evaluating the effectiveness themeMonday, 18 June 2012 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 appellate jurisdiction.Monday, 18 June 2012 3
  • Monday, 18 June 2012 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 trial Hint: Prima Facie is an excellent example for resource efficencyMonday, 18 June 2012 5
  • 2. THE CORONERS COURT Deals with suspicious crimes when death occurred: in a violent way after an accident in police custody receiving medical care The coroner doesn’t try people rather present sufficient evidence that a criminal act has occurredMonday, 18 June 2012 6
  • 3. THE CHILDREN’S COURT Deals with crimes committed by Under 18year olds, except homicide, aggravated sexual assault and some traffic offences Closed Court and focuses on rehabilitationMonday, 18 June 2012 7
  • JUSTIN BIEBER EGG THROWING CRIME CHILDREN’S COURTMonday, 18 June 2012 8
  • 4. LAND AND ENVIRONMENT COURT Some environmental offences, such as illegal polluting or dumping.Monday, 18 June 2012 9
  • 5. DRUG COURT OF NSW Diversionary court setup in 1999 Aims to manage repeat offenders with drug addiction Local and District jurisdictionMonday, 18 June 2012 10
  • 6. DISTRICT COURT Trial court, usually jury of 12 people Majority of indictable offences Court Proceedings will take longer than the local court and cost more money to the accusedMonday, 18 June 2012 11
  • GRAFFITI VANDALS - DISTRICT COURTMonday, 18 June 2012 12
  • 7. SUPREME COURT OF NSW Most serious crimes murder, major conspiracy and drug offences, Commonwealth breaches of corporate law, kidnapping and serious sexual assault Hears appeals from lower courts known as ‘stated cases’Monday, 18 June 2012 13
  • KELLI LANE TRIAL EVIDENCEMonday, 18 June 2012 14
  • DOUBLE JEOPARDY RULE That people cannot be retried for the same crime once they have been acquitted, is now limited to less serious crimes Crimes (Appeal and Review) Act 2006 (NSW)Monday, 18 June 2012 15
  • DOUBLE JEOPARDY RULE VICTORIAMonday, 18 June 2012 16
  • 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 sentence Hint: The right to appeal is a paramount right for the accused, however it may only be used by those who can afford itMonday, 18 June 2012 17
  • GORDON WOOD APPEALMonday, 18 June 2012 18
  • 8. THE HIGH COURT Most criminal cases will be held in state courts Interprets the Constitution which may involve criminal lawMonday, 18 June 2012 19
  • 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 case Hint: As criminal law uses the adversarial system, many themes in crime can use this sectionMonday, 18 June 2012 20
  • 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, 18 June 2012 21
  • Monday, 18 June 2012 22
  • 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, 18 June 2012 23
  • 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, 18 June 2012 24
  • For Plea Bargaining Against Plea Bargaining decreases time delays and crimes may go unpunished costs accused may plead guilt to a Increases the rate of criminal lesser charge they are convictions innocent towards May lead to bullying of the conviction on a lesser charge accused and not give the right is better then no charge at all to fair trial Hint: Great for effectiveness and balance of rights themesMonday, 18 June 2012 25
  • 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, 18 June 2012 26
  • 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, 18 June 2012 27
  • 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 it Hint: Legal Aid is a great way for the accused to gain access to the law, however depending on the funding of government, resource efficiency could be affectedMonday, 18 June 2012 28
  • 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 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, 18 June 2012 29
  • CASE SPACE: ANTI BIKIE GANG LAWS Crimes (Criminal Organisations Control) Act in 2009 first introduced - restrict bikie association, increased powers for judges. Wainohu v New South Wales 2011 - high court rules legislation invalid The Crimes Amendment (consorting and organised crime) Act 2012 - clearing up high court decision Hint: this is a great case study that can be used in many ways for a 15 mark HSC questionMonday, 18 June 2012 30
  • WAINOHU V NEW SOUTH WALES 2011 HIGH COURT DECISIONMonday, 18 June 2012 31
  • NEW ANTI-BIKIE LAWS -THE CRIMES AMENDMENT MARCH 2012(CONSORTING AND ORGANISED CRIME) ACT 2012Monday, 18 June 2012 32
  • 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, 18 June 2012 33
  • 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, 18 June 2012 34
  • 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, 18 June 2012 35
  • COMPLETE DEFENCES If successfully proven, the accused will be acquitted of all charges in the trialMonday, 18 June 2012 36
  • 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, 18 June 2012 37
  • INSANITY DEFENCEMonday, 18 June 2012 38
  • 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, 18 June 2012 39
  • 3. SELF DEFENCE/NECESSITY The accused can show they carried out a crime in the act of defending themselves or property 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, 18 June 2012 40
  • 4. DURESS 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, 18 June 2012 41
  • 5. CONSENT 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, 18 June 2012 42
  • CASES INVOLVING DEFENCESMonday, 18 June 2012 43
  • 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, 18 June 2012 44
  • 1. PROVOCATION 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, 18 June 2012 45
  • 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, 18 June 2012 46
  • Hint: The prosecution will normally take cases to court knowing they will get a guilty verdictMonday, 18 June 2012 47
  • 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, 18 June 2012 48
  • 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, 18 June 2012 49
  • 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, 18 June 2012 50
  • 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, 18 June 2012 51
  • 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, 18 June 2012 52
  • UNANIMOUS VERDICT VS MAJORITY VERDICT For Majority Verdict Against Majority Verdict removing unreasonable jurors disagreements are rare in the process discounting the possibility of avoid time delays and cost finding a reasonable doubt decision may persuade the jury from saving the victim from a retrial the beginning that they only need to get an 11 count Hint: Another classic balance of rights sectionMonday, 18 June 2012 53
  • READING TIME Hint: Crime Reform is a constant theme throughout all sections.Monday, 18 June 2012 54
  • 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, 18 June 2012 55
  • ANSWER: a - a court that deals with the cause and manner of a person’s deathMonday, 18 June 2012 56
  • 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, 18 June 2012 57
  • ANSWER: b - the accused tries to prove that they committed a crime against their own free willMonday, 18 June 2012 58
  • 3. A public prosecutor is a: a - judge b - magistrate c - lawyer d - police officerMonday, 18 June 2012 59
  • ANSWER: c - LawyerMonday, 18 June 2012 60
  • 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, 18 June 2012 61
  • ANSWER: a - plea bargainingMonday, 18 June 2012 62
  • 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, 18 June 2012 63
  • ANSWER: a - beyond reasonable doubt I HAVE DOUBTMonday, 18 June 2012 64
  • 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, 18 June 2012 65
  • ANSWER: B -The Supreme CourtMonday, 18 June 2012 66
  • 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, 18 June 2012 67
  • ANSWER: A - To assess whether there is a prima facie caseMonday, 18 June 2012 68
  • 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, 18 June 2012 69
  • ANSWER: B - ProvocationMonday, 18 June 2012 70
  • 9. Who decides a question of law in a criminal case in the NSW Supreme Court? (A) The jury (B) The judge (C) The defence (D) The prosecutorMonday, 18 June 2012 71
  • ANSWER: B - The JudgeMonday, 18 June 2012 72
  • 10. What is the first step in a criminal trial process for murder? (A) A jury is empanelled. (B) An arrest warrant is issued. (C) A committal hearing is held. (D) The offender is charged by police.Monday, 18 June 2012 73
  • ANSWER: C) A committal Hearing is heldMonday, 18 June 2012 74
  • 11) In a criminal case, with whom does the burden of proof rest? A The defence B The judge C The prosecution D The juryMonday, 18 June 2012 75
  • ANSWER: C) The prosecutionMonday, 18 June 2012 76
  • 12. In most summary matters, who presents the prosecution case? A Crown prosecutors B The Director of Public Prosecutions C Police prosecutors D Summary Offences Prosecutions OfficeMonday, 18 June 2012 77
  • ANSWER: C) Police ProsecutorsMonday, 18 June 2012 78
  • 13. What type of hearing is used to determine if a case involving a serious indictable offence will proceed to trial? (A) Onus of proof (B) A coronial inquiry (C) A committal hearing (D) A summary proceedingMonday, 18 June 2012 79
  • ANSWER: (C) A committal hearingMonday, 18 June 2012 80
  • 14. Which of the following is NOT a complete 19. defence to murder? (A) Duress (B) Necessity (C) Defence of another (D) ProvocationMonday, 18 June 2012 81
  • ANSWER: (D) ProvocationMonday, 18 June 2012 82
  • 15. Which statement is true of our criminal justice system in NSW? a) The burden of proof is on the plaintiff and the standard of proof is on the balance of probabilities b) The burden of proof is on the prosecution and the standard of proof is on the balance of probabilities c) The burden of proof is on the prosecution and the standard of proof is beyond a reasonable doubt d) None of the aboveMonday, 18 June 2012 83
  • ANSWER: c) The burden of proof is on the prosecution and the standard of proof is beyond a reasonable doubtMonday, 18 June 2012 84
  • 16. Which statement is true about the court hierarchy? a) The Federal court hears numerous criminal matters b) The High Court hears numerous criminal appeals c) A District Court judge may hear a committal hearing for a Local Court trial d) The Children’s Court is part of the Local Court levelMonday, 18 June 2012 85
  • ANSWER: d) The Children’s Court is part of the Local Court levelMonday, 18 June 2012 86
  • 17. Which statement is false about the court hierarchy? a) The NSW Supreme Court hears matters concerning indictable offences b) The Local Court has original jurisdiction for summary criminal matters and appellate criminal jurisdiction c) The District Court has original jurisdiction for indictable criminal matters and appellate criminal jurisdiction d) The High Court may hear appeals from Court of Criminal Appeals if leave is grantedMonday, 18 June 2012 87
  • ANSWER: b) The Local Court has original jurisdiction for summary criminal matters and appellate criminal jurisdictionMonday, 18 June 2012 88
  • 18. When an accused agrees to plead guilty to lesser charges in order to avoid charge on a more serious matter, this is known as: a) plea bargaining, case conferencing and charge negotiation b) plea bargaining, case conferencing and judicial discretion c) case conferencing, charge negotiation and legal aid d) judicial discretion, case conferencing, charge negotiationMonday, 18 June 2012 89
  • ANSWER: a) plea bargaining, case conferencing and charge negotiationMonday, 18 June 2012 90
  • Extended Response: Crime Assess the effectiveness of Legal Aid in promoting fairness in the legal system.Monday, 18 June 2012 91