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legal ch 4.7/4.8
u3 aos1 criminal justice system
| Question | Answer |
|---|---|
| 4 key personnel in a criminal trial | judge, jury, parties and legal practitioners |
| Responsibilities of the judge | Acts as an impartial umpire of a case by managing the trial, Deciding on admissibility of evidence and clearing up ambiguities. they decide on a sentence and sanctions |
| stengths of judge | Can order VLA to provide legal representation to ensure a fair trial. Experienced in criminal law to give directions and ensure procedures are followed - ensures a fair trial. Can assist self-represented accused in understanding rights and processes |
| weaknesses of judge | despite being super knowledgable they Cannot overrule a jury verdict or decide guilt if there is a jury. They cannot advocate for a self-rep accused or overly interfere with the trial in any way - risks appeal or retrial |
| Responsibilities of the jury | Needs to reach a shared decision about the accused’s guilt based on the facts of the case |
| strengths of a jury | Randomly picked and impartial, Decides on presented facts and cannot make their own enquiries - ensures fair trial because it without bias, objective. |
| strengths of a jury | Deliberations are secret, ensuring honesty in discussions and no fear that what they say can be used as evidence. Judge can assist them with some explanations |
| weaknesses of a jury | May have unconscious biases, May inadvertently come across info not presented at trial, risking unfair outcome, Must follow judge’s decisions but these can be complex and difficult to understand, |
| weaknesses of a jury | Does not have to give reasons for their decision and this can risk an unfair trial if verdict is based on something other than facts |
| Responsibilities of the parties | Give opening and closing addresses .Present evidence . Make submissions about sentencing at a plea hearing after verdict is delivered |
| strengths of the parties | Assist in empanelling a jury by having challenges for legitimate reasons , Party control allows parties to make decisions on how to present their case , |
| strengths of the parties | The prosecutor must assist the court in reaching a decision and must not seek to bias the court against the accused to Upholds fairness and equality |
| Weaknesses of the parties | Vital evidence may be missed depending on proficiency of the party , Unrepresented party can cause delays |
| Responsibilities of the legal practitioners | Have responsibility to act in the best interests of their client but Must not to mislead the court |
| Strengths of the legal practitioners | Legal representation may lead to a fairer outcome |
| Weaknesses of the legal practitioners | Accused’s legal practitioners must defend their client regardless of their belief or opinion of their guilt. Can add to the costs of the trial (to the parties). |
| Weaknesses of the legal practitioners | Better legal representation may mean that jurors are swayed by the way case is presented rather than the evidence itself. Not all legal representation is equally as good and therefore can lead to inequality and unfairness if inexperienced lawyers are used |
Created by:
pg0612345
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