legal studies - part A (AOS1) unit3

• criminal law aims to protect commuinty by establishing and defining what crimes are; sets down sanctions for people who commit them
• summary offences are minor offences generally heard in magistrates' court. one example is drink driving
• indictable offences are serious offences generally heard before a judge and jury in county court / supreme court. one example is murder.
• indictable offences heard summarily - less than 10 years, less than $100,000, court determines appropriateness. one example is theft.
• burden of proof is the obligation of a party to prove a case; rests w/ prosecution
• standard of proof is the extent/degree in which a case must be proven in court.
• beyond reasonable doubt: requires prosecution to prove that there is on reasonable doubt that accused commited the offence. is the sop in criminal law
• presumption of innocence: right of accused to be presumed innocence before guilty unless proven otherwise
• two purposes of criminal justice system are: decide whether accused is guilty and impose sanctions
• a sanction is a penalty imposed by court on a person guilty of an offence
• the three rights of accused are: the right to go to trial without unreasonable delay (HRC), right to remain silence (common + statute law), right to trial by jury (juries act).
• rights of the victim are: right to give evidence using alternative arrangements (criminal procedures act), right to be informed about criminal proceedings (victim's charter), and right to be informed of likely release date of accused (victim's charter).
• the principle of justice, fairness: all people can participate in justice system and its process should be impartial and open.
• the principle of justice, equality: people should be treated the same way, but if the same treatment creates disparity/disadvantage, adequate measures should be implemented to allow all to engage w/ justice system w/o disparity or disadvantage.
• the principle of justice, access: all people should be able to engage with the justice system and its processes on an informed basis.
• rule of law: principle that everyone is bound by law and must obey law; laws should be fair and clear.
• VLA is a gov. agency that provides info, advice, legal rep for people who can't afford it
• CLCs are independent organisations that provide free legal services, inc. advice, info, assistance, representation.

  there are two types: generalist (based on geographical location) and specialist (minorities).
• plea negotiations are pre-trial discussions b/n prosecution and accused, aimed at resolving case by agreeing on outcome to charges laid
• purposes of plea negotiations are: to save cost and time + achieve prompt reso. w/o stress
• appropriateness of plea negotiations: w/er accused cooperates, ready to plead guilty, w/er reluctant witnesses