Deck 16: The Criminal Courts

Question 1

What is an adversarial system of justice?

Answer 1

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

Question 2

What is the difference between problem-orientated courts and specialist courts?

Answer 2

Answers could include:
-Problem-orientated (or problem solving) courts
-Use the authority of the court to solve problems relating to the defendant, to the judicial system, and communities
-Non-adversarial but require a guilty plea
-Refocuses the judicial system away from guilt and innocence to improving the health and wellbeing of the defendant and the broader community which may be impacting on offending
-They are linked with medical and treatment providers and take a multiagency approach to addressing the defendant's problems
-They work on the premise that removing the problem with reducing offending behaviour
-Progress of offenders subject to case management orders or intervention programs is monitored and regular reports are returned to the court
-Examples include: drug courts, mental impairment courts, family violence courts and Indigenous
-Specialist courts
-Have experience and expertise in particular fields.As a result of expertise, show improved judicial decision making
-More efficient as a result of the judge's and counsel's familiarity with the subject area
-Reduce blockages in the general courts
-Examples include: Children's Court, Sexual Offenses Court, Aboriginal Courts
-Problem orientated and specialist courts are often referred to interchangeably because they both provide specialist advice and support in judicial matters.Family violence and drug courts can be considered as both problem orientated and specialist courts
-Problem-orientated courts operate in a restorative justice framework, whereas specialist courts do not

Question 3

Outline the three fundamental functions of criminal courts.

Answer 3

Responses should include:
-Factual function (evaluate the evidence/finding of facts)
-Legal function (application of the law to determine what is and isn't relevant and admissible)
-Operative function (judicial activities that ensure that courts run in an effective and efficient manner)

Question 4

What is the purpose of 'restitution'?

A)Remove the offender from opportunities to reoffend
B)Declare to society that certain behaviours are unacceptable
C)Punish in proportion to the crime
D)Compensate the victim for wrong doings
E)Change behaviour through therapeutic programs

Question 5

List and describe four of the seven aims of sentencing.

Question 6

What matters are heard in Intermediate (District) Courts? Give examples.

Question 7

Discuss the role of problem-orientated courts in Australia.

Question 8

Discuss accusation of errors and its prevalence.

Question 9

What is 'therapeutic jurisprudence'? Under what circumstances is it used?

Question 10

What safeguards are afforded to the accused? What are they designed to do?

Question 11

Criminal courts do not have the power to:

A)Forbid people from doing something
B)Order that they be medically assessed and treated
C)Order them to undergo punishment
D)Order the extradition of a person to another country

Question 12

Provide an outline of the inquisitional system.

Question 13

What is the role of the Director of Public Prosecutions (DPP)?

Question 14

Compare adversarial and inquisitorial systems of justice.