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courts and stuff
idk courts
| Question | Answer |
|---|---|
| Who prosecutes the case (takes the action) when someone is charged with a crime? | the Prosecutor (DPP) |
| There are two parties in every criminal case. who is the first party? | Prosecution (DPP) |
| There are two parties is every criminal case. who is the second party? | The Defendant |
| If George Smith is taken to court for stealing the 100,000 dollars would he be the defendant or the prosecution? | Defendant |
| The DPP is the other party in the case. how would you write this case? (hint: use the defendant's surname). | DPP v Smith |
| Presumption of innocence. what does this mean | Innocent until proven guilty |
| The nature of the action taken by the DPP is to ______________ the person who has committed the crime. what is the missing word? | Prosecution |
| what type of verdict or decision occurs if the prosecution wins the case? | Defendant is GUILTY |
| what type of verdict or decision occurs if the defence wins the case. | Defendant is NOT GUILTY |
| WHO has the burden of proof in a criminal case (who has to prove the defendant is guilty) | DPP - prosecution |
| what standard of proof do they need to meet in a criminal case (this is what they have to prove for the defendant to be found guilty) | Beyond reasonable doubt |
| what are the possible out comes of being found guilty | imprisonment, fines or community orders |
| indictable offence | serious offence, for example, murder, drug trafficking ect |
| summary offence | minor offence, for example, minor traffic offences and speeding |
| court hierarchy | courts are arranges in order from lowest to highest |
| high court (definition, where on the hierarchy, what cases does it hear?) | highest court in australia. final court of appeal. deals with cases thst involve interpreting the Australian constitution. top of the hierarchy. |
| supreme court (definition, where on the hierarchy, what cases does it hear?) | highest court in the state. hears very serious criminal cases souch as murder. hears appeals made in court |
| County court (definition, where on the hierarchy, what cases does it hear?) | middle of the hierarchy. hears all serious cases (not murder) |
| Magistrates court (definition, where on the hierarchy, what cases does it hear?) | is the first level of the hierarchy both civil matters and criminal matters |
| federal court (definition, where on the hierarchy, what cases does it hear?) | |
| family court (definition, where on the hierarchy, what cases does it hear?) | |
| Jury | a group of people called into the court to oversee and make decisions condemning the accused |
| Referendum | a vote to change the constitution |
| what are two main purposes of criminal law? | regulates conduct in society to protect the community and provides sanctions against those who commit the crimes |
| some examples of criminal offences are | theft, violent behaviour and arson |
| what 2 things do you need to show to decide if something is a crime? | actus reus and mens rea |
| actus reus | the physical act |
| mens rea | the mental side (intent) |
Created by:
Bailey122
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