Criminal Trials Short Answer Test

Pretrial

The phase before a trial where procedures like arrest, investigation, and hearing dates are determined.

Hand up brief

Document provided by the DPP to the defendant containing prosecution evidence to prepare for challenging in court.

Plea

Defendant's response to the charges - guilty or not guilty.

Bail or held on remand

Decision on whether the defendant is released or kept in custody until trial.

Trial

Formal examination of evidence and witnesses in court to determine guilt or innocence.

Judge

Oversees the trial, guides the jury, and ensures legal procedures are followed.

Sentencing

Determining the punishment for the convicted defendant based on mitigating and aggravating factors.

Appeals

Process allowing review of a previous decision based on legal errors or new evidence.

Indictable

Serious offense that requires a trial by judge and jury.

Summary

Minor offense that can be resolved without a jury.

Prosecution

The party accusing the defendant of a crime, usually represented by the DPP.

Defendant

The individual or party accused of committing a crime.

Beyond reasonable doubt

Standard of proof required for a guilty verdict in criminal cases.

Burden/onus of proof

Responsibility of the prosecution to prove the defendant's guilt.

Fair trial

Ensures legal rights are respected, evidence is presented fairly, and decisions are unbiased.

Natural justice

Principle ensuring fair processes, unbiased treatment, and decisions based on relevant evidence.

• Access due process 

• Impartial adjudicator 

• Judged by one’s peers 

• Appeals 

Juries

Group of impartial citizens who decide guilt or innocence in a criminal trial.

Decriminalisation

Reform aiming to reduce imprisonment for minor offenses and prevent reoffending.

Trial by Judge Alone

Reform allowing defendants to opt for a trial without a jury, impacting transparency and efficiency.

Sentencing Determination

Process where judges consider the seriousness of the crime and the offender's conduct to determine the appropriate punishment.

Aggravating factors

Factors that increase the severity of an offense or the culpability of the offender, such as threatening violence, gratuitous cruelty, or targeting vulnerable victims.

Mitigating factors

Circumstances that may reduce the severity of an offense or the culpability of the offender, like lack of premeditation, being provoked, or showing remorse.

Mandatory sentencing

A predetermined sentence for a specific crime that cannot be reduced by mitigating factors, only increased by aggravating factors, aiming to ensure consistency and deterrence in sentencing.

Adversarial system

Legal system based on competition between two opposing parties in front of an impartial adjudicator to determine guilt and sentencing, with strengths like rigorous testing of evidence but weaknesses like potential witness trauma.

Inquisitorial system

Legal system focused on finding the truth through judge-led investigations, aiming for reduced bias and quicker resolutions, but with weaknesses like limited defense challenges to evidence and potential judicial influence.

Gene Gibson Case

The 2010 case involving an Indigenous man wrongly accused of murder due to police misconduct, highlighting issues of interpretation services, false confessions, and lack of rights awareness.

Outreau Case

A 2004 case in France involving false accusations of child abuse, showcasing weaknesses of the inquisitorial system like judicial bias and reliance on single testimonies.

Lloyd Rayney Case

The 2007 case of a barrister accused of his wife's murder, leading to defamation claims against the police and highlighting the impact of high-profile cases on individuals.

Cardinal George Pell Case

The 2018 trial of an Australian cardinal wrongly convicted of sexual offenses, later acquitted due to lack of credible witnesses and potential jury bias.

Bradley Edwards Case

The 2020 trial of the Claremont Serial Killer suspect, charged with some murders due to lack of evidence, emphasizing the importance of impartial trials and judge-alone decisions.

Arthur Freeman Case

The 2009 trial and case of a man convicted of murdering his daughter, pleading mental impairment, and highlighting the judge's decision on irredeemability.

Ommar Raddad (France)

Raddad was an illiterate Moroccan immigrant who worked as a gardener for the murdered widow. Ghislaine Marchal, in 1991. Raddad was convicted in 1994 and sentenced to 18 years in prison. The widow wrote "Omar m'a tuer" on the wall written in blood, leading to an appeal in 2021.

Ms Dhu (2014)

Ms Dhu was a WA Yamatji Aboriginal woman who died in police custody in 2014 after facing 48 hours of incarceration in dehumanising conditions due to her failure to pay fines.