WK8 The Trial and Courtroom Processes

Flashcards based on lecture notes about criminology and criminal justice, focusing on trial and courtroom processes.

Different roles of the court process:

The trial, the prosecutor, the defence, the judge, the jury

Purposes of sentencing: theories of punishment

Incapacitation, denunciation, retribution, deterrence, rehabilitation, restitution

Criminal Law Proof of Guilt Standard

Beyond reasonable doubt

Civil Law Proof of Guilt Standard

Balance of probabilities

What is the role of the courts?

To resolve disputes and review decisions by interpreting, applying, and enforcing the law.

What is the role of the prosecutor?

To present evidence with a view to seeking a conviction on the most serious offence warranted by the evidence. They must not mislead the court, must disclose evidence assisting the defence, and should have an eye on public interest.

What is the role of the defence lawyer?

To provide the strongest defence possible, regardless of personal views on guilt and without having to prove the accused's innocence.

What is the role of the judge within a courtroom?

Ensuring a fair trial, upholding the rule of law, directing the jury on matters of law, determining evidence admissibility, determining the sentence if the defendant is found guilty, and being in charge of the proceedings.

Historically, what is the typical demographic of judges?

Mostly male, middle-class or above, middle-aged or above, and Pākehā.

How is a jury selected?

Selected from the electoral role, over 18, resident in the country, and without a criminal record.

What is the role of the jury?

To return a verdict on the charges in the court case based on the facts of the case.

What are some reasons for retaining the jury system?

Democratic right, represents a cross-section of the population, enables public's view to be reflected, ensures unjust laws cannot be enforced, no acceptable alternative, harder to corrupt.

What are some reasons against retaining the jury system?

Not representative, unable to understand complex issues, subject to prejudice, difficult task without training, prolongs trial length and cost, acquits the guilty and convicts the innocent, too ready to believe prosecution, reluctant to believe police.

What criticisms have focused on the justice system regarding the courts?

Dissatisfaction with delays, complexity of language and procedure, lack of direct engagement of victims and perpetrators, focus on retributive outcomes.

Examples of specialist courts in Aotearoa

Rangatahi and Pasifika youth courts, Matariki Court, Alcohol and other drugs treatment court - Te Whare Whakapiki Wairua, The Court of New Beginnings – Te Kooti o Timatanga Hou

Where are Rangatahi Courts held?

Held on marae and follow Māori cultural processes.

What is the function of the Matariki Court?

If a person pleads guilty to an offence, the court may permit them to take part in a culturally appropriate rehabilitation programme before deciding on their sentence (under the Sentencing Act 2002, s 25).

What is the purpose of the Alcohol and Other Drugs Treatment Court - Te Whare Whakapiki Wairua?

Responding to offending when drugs or alcohol are the main drivers of behaviour.

What is the purpose of the New Beginnings Court Te Kooti o Timatanga Hou & Special Circumstances Court?

Aimed at homeless people to ensure that the necessary social and health supports are provided to address the underlying causes of the offending and the homelessness while also holding offenders accountable and ensuring that victim’s issues are addressed.

What positive approaches have been identified within specialist court initiatives?

A co-operative inter-agency approach, better consideration of cultural identity and personal circumstances, better incorporation of tikanga Māori, more personalised engagement, processes inclusive of incentives, sanctions, exits, and celebrations of success.

What is 'postcode justice' in the context of specialist courts?

Defendants are subject to very different justice processes and outcomes dependent upon their location.

What are the eight goals of sentencing according to the Sentencing Act 2002?

To hold the offender accountable for harm done, to promote responsibility, provide for the interests of the victim, provide reparation, denounce the conduct, deter the offender or others, protect the community, assist in rehabilitation and reintegration.

Different models or theories of punishment

Incapacitation, denunciation, retribution, deterrence, rehabilitation.

What is incapacitation?

Reduction of the perpetrator’s physical capacity to commit crimes.

What is denunciation?

Punishment as a symbolic response to harmful behaviour.

What is retribution?

Direct connection between crime and punishment, emphasis on penalty based upon actual offending.

What is deterrence?

Emphasis on penalty or punishment as preventing future offending.

What is rehabilitation?

Changing perpetrator’s behavior to break cycles of offending.

What is restitution?

Gaining reparation for the victim from the perpetrator.