1.Criminal Trial Process Section 3 - CrimeMonday, 27 June 2011 1

2. Court JurisdictionMonday, 27 June 20112 3. Court JurisdictionCourts will be used depending if it is a bailhearing, committal hearing or trialSome courts will have power to hear certain trialcases. Local, District, SupremeThe authority for a court to hear a matter for therst time is known as the courts originaljurisdictionThe authority to review matters on appeal fromanother court is known as the courts appellateMonday, 27 June 2011 2 4. Monday, 27 June 2011 3 5. Monday, 27 June 2011 4 6. 1. The Local (Magistrates) CourtHears summary offencesConducts committal hearings toestablish Prima FacieNo jury presentBail Hearings will often be heardThe local court can be efcient, itmay be cheaper and quicker toestablish the correct evidence fora trialMonday, 27 June 20114 7. Monday, 27 June 2011 5 8. 2. The Coroners 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. Monday, 27 June 2011 6 10. 3. Childrens Courtdeals with crimes committed by Under 18yearoldsClosed CourtMonday, 27 June 20116 11. JUSTIN BIEBER EGG THROWING CRIMECHILDRENS COURTMonday, 27 June 2011 7 12. Monday, 27 June 2011 8 13. 4. Land andEnvironment Court some environmental offences, such as illegal polluting or dumping.Monday, 27 June 20118 14. Monday, 27 June 2011 9 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. GRAFFITI VANDALS - DISTRICT COURTMonday, 27 June 201110 17. Monday, 27 June 2011 11 18. 6. Supreme Court Most serious crimes murder, major conspiracy and drug offences, Commonwealth breaches of corporate lawMonday, 27 June 201111 19. KELLI LANE TRIAL EVIDENCEMonday, 27 June 201112 20. KELLI LANE JURYMonday, 27 June 2011 13 21. Monday, 27 June 2011 14 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. Monday, 27 June 2011 15 24. 8. The High Court most criminal cases will be held in state courts Interprets the Constitution which may involve criminal lawMonday, 27 June 201115 25. The Adversary SystemMonday, 27 June 2011 16 26. The Adversary SystemCriminal justice system is based on an adversarialsystem of lawSupporters of this system say its fair because bothsides have the opportunity to present the caseOpponents argue that in many cases thecompeting sides are not equal before the law, withpotential imbalances in resources, skills orknowledge. The Jury may also misunderstand thecaseMonday, 27 June 201116 27. Legal PersonnelMonday, 27 June 2011 17 28. Legal PersonnelJudges and Magistrates - learnthe difference between the two(Yr11 Notes)Prosecutors - Police and Directorof Public Prosecutions (DPP)Barristers, Public Defenders andSolicitors - a Public Defender ispublic barristers who can appearfor an accused in seriouscriminal matters where legal aidhas been grantedMonday, 27 June 201117 29. Monday, 27 June 2011 18 30. Monday, 27 June 2011 18 31. Pleas and ChargeNegotiationMonday, 27 June 201119 32. Pleas and ChargeNegotiation 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 201119 33. Monday, 27 June 2011 20 34. Plea Bargaining (case conferencing) is oftencontroversial. This is where the accused will admitguilt to a lesser charge in order for higher chargesto be withdrawnThis will result in faster and less costly cases forthe prosecutionMonday, 27 June 2011 20 35. Monday, 27 June 2011 21 36. For Plea Bargaining Against Plea Bargaining decreases time delays and crimes may go unpunished costs the accused may plead guilt Increases the rate ofto a lesser charge they arecriminal convictions innocent towards that conviction on a lesser May lead to bullying of thecharge is better then no accused and not give thecharge at all right to fair trialMonday, 27 June 201121 37. Legal Representationand Legal AidMonday, 27 June 201122 38. Legal Representationand Legal AidDietrich v The Queen 1992 in the high courtestablished the right to a fair trial in considerationto the accused not being able to afford legalrepresentationNot everyone has the nances to seek proper legalrepresentation. Can result to injustices in thecourtroomMonday, 27 June 2011 22 39. Monday, 27 June 2011 23 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 201123 41. Monday, 27 June 2011 24 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. Burden and Standard ofProofMonday, 27 June 2011 25 44. Burden and Standard ofProofBurden of Proof - in criminal matters, theresponsibility of the prosecution to prove the caseagainst the accusedStandard of Proof - the level of proof required for aparty to succeed in court. Prosecution must provethe case beyond reasonable doubtthe Prosecution will often bring a case to trial ifthey believe there is enough evidence to prove theguilt of the accused to the juryMonday, 27 June 201125 45. BURDEN OF PROOF - STANDARD OF PROOFBEYOND REASONABLE DOUBTMonday, 27 June 201126 46. Use of Evidence, Including WitnessesMonday, 27 June 2011 27 47. Use of Evidence, Including WitnessesFor evidence to be admissibleit needs to be relevant andobtained legally by the crownThe different forms ofevidence are witnesstestimony, real evidence (taperecordings, charts,photographs etc) anddocumentary evidence(documents from the crimescene)Monday, 27 June 2011 27 48. Monday, 27 June 2011 28 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 qualied in a specic area (DNA testing, mental health doctor)Monday, 27 June 2011 28 50. Defences to CriminalChargesMonday, 27 June 201129 51. Defences to CriminalChargesMost defences revolvearound the mens rea of theoffenceDefences help achieve justicebecause it considers theaccused actions surroundingthe crimeA defence can simply beinnocent of the allegedchargesMonday, 27 June 201129 52. COMPLETE DEFENCESMonday, 27 June 2011 30 53. COMPLETE DEFENCES If successfully proven, the accused will be acquitted of all charges in the trialMonday, 27 June 2011 30 54. 1. MENTAL ILLNESS/INSANITYMonday, 27 June 2011 31 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 difcult to prove The McNagthen Test 1843 is used to prove whether the accused can use insanityMonday, 27 June 201131 56. INSANITY DEFENCEMonday, 27 June 2011 32 57. 2. INVOLUNTARY BEHAVIOUR/AUTOMATISMMonday, 27 June 201133 58. 2. INVOLUNTARY BEHAVIOUR/AUTOMATISMrelating to the mens reaof the accused that theaccuseds action wasnot voluntary or couldnot be controlledMens rea cannot beestablished under thisdefenceMonday, 27 June 201133 59. 3. SELF DEFENCE/NECESSITYIn R v Zecevic (1987) it was held that the defendant must havereasonable grounds to believe their life was threatened and theymust use proportional and reasonable force to defendthemselves. Zecevics Case stemmed from a dispute over a parking spaceMonday, 27 June 2011 34 60. 3. SELF DEFENCE/NECESSITYthe accused can showthey carried out a crimein the act of defendingthemselves or propertythe jury is compelled toeither acquit thedefendant or nd themguilty of the crimeIn R v Zecevic (1987) it was held that the defendant must havereasonable grounds to believe their life was threatened and theymust use proportional and reasonable force to defendthemselves. Zecevics Case stemmed from a dispute over a parking spaceMonday, 27 June 2011 34 61. 4. DURESS In R v Williamson [1972] NSW the defendant disposed of a body while under a death threat and this threatwas held to constitute duress.Monday, 27 June 201135 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 murderIn R v Williamson [1972] NSW thedefendant disposed of a body whileunder a death threat and this threat was held to constitute duress.Monday, 27 June 2011 35 63. 5. CONSENTMonday, 27 June 2011 36 64. 5. CONSENTit is a complete defence for some crimes if theaccused can show the victim freely consented tothe act in question e.g sexual assaultThis cannot be used for crimes such as murderMonday, 27 June 201136 65. CASES INVOLVING DEFENCESMonday, 27 June 2011 37 66. PARTIAL DEFENCES TO MURDERMonday, 27 June 2011 38 67. PARTIAL DEFENCES TO MURDERmitigating circumstances that caused them tocarry out the act. This may reduce the sentence oreven acquit the accusedA good example is a murder charge downgradedto manslaughterMonday, 27 June 2011 38 68. 1. PROVOCATION In R v Camplin [1978] , a 15-year-old boy successfully arguedprovocation after he hit his uncle with a frying pan and killed him. The uncle had just sexually assaulted the boy and was mocking himabout the incident. The court held that an ordinary person in the position of the accused would have formed the intent to kill or inictgrievous bodily harm on the person who had assaulted them.Monday, 27 June 2011 39 69. 1. PROVOCATION the defence whereby the defendant claims that their actions were a direct result of another persons 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 arguedprovocation after he hit his uncle with a frying pan and killed him. The uncle had just sexually assaulted the boy and was mocking himabout the incident. The court held that an ordinary person in the position of the accused would have formed the intent to kill or inictgrievous bodily harm on the person who had assaulted them.Monday, 27 June 2011 39 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 ofmurder should be reduced to that of manslaughter.Monday, 27 June 201140 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 inuence 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 ofmurder should be reduced to that of manslaughter.Monday, 27 June 201140 72. Role of Juries: Including VerdictsMonday, 27 June 201141 73. Role of Juries:Including VerdictsUsed in District or Supreme Court in the AdversarySystemJury of 12 people whose job is to fact ndMonday, 27 June 2011 41 74. CHALLENGING JURORSMonday, 27 June 201142 75. CHALLENGING JURORSBoth the prosecution and the defence have theright to challenge jurors Peremptory challenge - when the legal team strikes a juror without needing a specic 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. ELIGIBILITY FOR JURY DUTYMonday, 27 June 201143 77. ELIGIBILITY FOR JURY DUTYAustralian Citizen, aged 18yrs andolderDifcult to be exempted from thiscivil serviceIneligible to sit on a juryPeople who cannot speak EnglishEmergency Service StaffConvicted CriminalsDisabled PeopleLegal ProfessionalsMonday, 27 June 201143 78. JURY ROLEMonday, 27 June 2011 44 79. JURY ROLEJurors are sworn inThey are allowed to makenotesThe Jury must remain fairand open mindedThey must not discuss thecase outside of the courtIf enough time has beentaken to make the decisiona majority verdict may beallowedMonday, 27 June 2011 44 80. VERDICTMonday, 27 June 2011 45 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. UNANIMOUS VERDICT VS MAJORITY VERDICTFor Majority Verdict Against Majority Verdict removing unreasonable disagreements are rare jurors in the process discounting the possibility avoid time delays and costof nding a reasonable doubt decisionmay persuade the jury fromsaving the victim from athe beginning that they only retrialneed to get an 11 countMonday, 27 June 201146 83. Multiple Choice: Crime 1. The Coroners Court is which of the following? a - a court that deals with the cause and manner of a persons 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. ANSWER: a - a court that deals with the cause and manner of a persons deathMonday, 27 June 2011 48 85. 2. Which of the following best describes the defence ofduress?a - the accused claims that the victim consented to thecrime carried out against themb - the accused tries to prove that they committed a crimeagainst their own free willc - the crime was done in the act of self-defenced - the victims actions caused the accused to lose controlMonday, 27 June 201149 86. ANSWER: b - the accusedtries to prove that they committed acrime againsttheir own freewillMonday, 27 June 2011 50 87. 3. A public prosecutor is a: a - judge b - magistrate c - lawyer d - police ofcerMonday, 27 June 2011 51 88. ANSWER: c - LawyerMonday, 27 June 201152 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 201153 90. ANSWER:a - plea bargainingMonday, 27 June 201154 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 201155 92. ANSWER: a - beyond reasonable doubtI HAVEDOUBTMonday, 27 June 2011 56 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 201157 94. ANSWER:B -The Supreme CourtMonday, 27 June 2011 58 95. 7. Which of the following best describes the purpose ofa committal hearing?A - To assess whether there is a prima facie caseB -To sentence a person found guilty of a crimeC - To determine the accused persons guiltD - To decide whether the Crimes Act 1900 de nes theoffence as a crimeMonday, 27 June 201159 96. ANSWER: A - To assess whether there is a prima facie caseMonday, 27 June 201160 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. ANSWER:B - ProvocationMonday, 27 June 201162 99. Extended Response: Crime Assess the effectiveness of Legal Aid in promotingfairness in the legal system.Monday, 27 June 201163