Summary of Criminal Courts Lecture

Lecture Overview

  • Responsibilities of courts

  • Adversarial approach

  • Packer’s models

  • Court hierarchy

  • Key issues: jurors & child complainants

Responsibilities of Courts

  • Courts function as the adjudicative arm of the criminal justice system

  • Decide on bail and remand

  • Protect rights of the accused

  • Preside over trials and plea processes

  • Determine guilt and sentence

  • Hear appeals against convictions/sentences

  • Provide a public arena for justice (Daly & Sarre, 2021)

Different Approaches

  • Inquisitorial: Focus on truth, minimal rules of evidence, limited defence role, investigative court.

  • Adversarial: Two parties present cases, evidence tested, confrontational questioning.

Packer’s Models (1964)

  • Crime Control Model: Efficiency, high conviction rates, presumption of guilt.

  • Due Process Model: Importance of formal processes, focus on preventing errors, presumes innocence.

Court Hierarchy

  • Magistrates Court

  • District Court

  • Supreme Court

  • Court of Appeal

  • High Court of Australia

Types of Offences

  • Summary Offences: Less serious (e.g., public order offences) handled by Magistrates Court.

  • Indictable Offences: More serious (e.g., rape, murder) handled by District and Supreme Courts.

Magistrates Court

  • Roles: Summary matters, committal matters, civil jurisdiction.

  • Presided over by Magistrate, no jury, less formal.

Committal Hearing

  • Determines sufficiency of evidence for trial.

  • Identifies weak cases, clarifies legal issues.

Criticisms of Committal Proceedings

  • Concerns regarding delays and pressure on complainants/witnesses.

Access to Justice Issues

  • Significant number of unrepresented accused in lower courts (Antolak-Super et al., 2021).

Ideology of Triviality

  • Lower courts perceived as trivial, undermining public accountability and due process.

Implications of Adversarial Paradigm

  • Problems for child complainants: challenges in giving evidence, cross-examination, and trial length.

Key Actors in Court Process

  • Judge: Impartial overseer, ensures fair trials, determines law questions.

  • Prosecution: Represents community, presents case against accused.

  • Defence: Challenges prosecution’s case, represents client's interests.

Jury Functions

  • Determines factual questions based on evidence and judge's directions.

Critical Issues

  • Impact of social media on fair trials, issues with child complainants.