Exam 16: The Criminal Courts
What is an adversarial system of justice?
Responses could include:
-Legal system used in common law
-Legal contest between the prosecution (state) and the defendant (accused)
-An impartial person (judge) or group of people (jury) determine the truth of the case based on the evidence presented by the contestants
-Justice is done when there is a plea of guilty, a finding of guilty, or a finding of not guilty
-Guilty findings are followed up by a judge determining an appropriate sentence
-In the case of a finding of not guilty, the defendant is acquitted
Discuss the role of problem-orientated courts in Australia.
Responses could include:
-Emerged in Australia in the last decade
-Designed to address the inadequacies of the court system
-Seek to identify the underlying issues for the defendant, and related social problems
-Focus on improving the health and wellbeing of the defendant
-Non-adversarial
-Linked to medical and treatment services
-Utilise a case management model within a multidisciplinary environment
What matters are heard in Intermediate (District) Courts? Give examples.
Responses could include:
• Matters involving serious crimes
• Presided over by a judge and usually heard by a jury
• Examples include: assault occasioning actual bodily harm, sexual assault, manslaughter, assaults against police officers, importation, supply or possession or prohibited drugs, fraud, robbery, etc.
What safeguards are afforded to the accused? What are they designed to do?
What is 'therapeutic jurisprudence'? Under what circumstances is it used?
What is the difference between problem-orientated courts and specialist courts?
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