Criminal Justice System Notes

Principles of Justice

  • Fairness: Impartial and open processes.
    • Legal principles and procedures:
      • Presumption of innocence: Prosecution proves guilt beyond reasonable doubt.
      • Burden of proof: Rests on the prosecution.
      • High standard of proof: Beyond reasonable doubt.
      • Public hearings: Ensures transparency.
      • Legal representation: Right to access legal support.
      • Opportunity to present case: Right to defend charges.
      • Minimal delay: Reduces stress and ensures evidence reliability.
      • Independent judge and jury: Impartial decisions based on facts.
      • Offender circumstances considered: Tailored sentencing.
  • Equality: Treating all people the same way, measures should be implemented to reduce disparities.
    • Legal principles and procedures:
      • Availability of translators: Reduces language barriers.
      • Victim’s right to remain informed: Involvement in proceedings.
      • Rule of law: Equal application of laws.
      • Independent judge and jury: Impartial decisions.
  • Access: Ability to engage with the justice system.
    • Legal principles and procedures:
      • Right to legal representation: Understand court processes.
      • Minimal delay: Reduces stress and ensures evidence reliability.
      • Victim’s right to remain informed: Access to relevant information.
      • Availability of legal aid: Free legal assistance.
      • Public hearings: Accessible presentation of facts.
      • Availability of translators: Assistance for non-English speakers.
      • Right to trial by jury: Citizen engagement in justice.

Institutions Enforcing Criminal Law

  • Police Role:
    • Prevention: Deterrence through patrols and education.
    • Investigation: Identifying offenders and collecting evidence.
    • Prosecution: Charging and presenting evidence in court.
  • Delegated Bodies Role:
    • Specialized agencies authorized to create and enforce specific laws.
    • Examples: VicRoads, local councils, WorkSafe, ASIC, EPA, ATO.

Institutional Powers and Individual Rights

  • Police Powers:
    • Arrest with or without a warrant
    • Obtain name and address
    • Enter and search premises
    • Stop and search individuals
    • Use force, must be reasonable and proportionate
  • Court Powers:
    • Decide admissible evidence.
    • Grant or withhold bail.
    • Determine and impose sanctions.
  • Individual Rights when dealing w/ police
    • Right to silence
    • Make two phone calls
    • Have a parent or guardian present during questioning if under 18.
    • Speak to a lawyer
    • Access an interpreter
  • Individual Rights during court proceedings
    • Right to be tried without unreasonable delay.
    • Remain silent.
    • Have an impartial judge and/or jury
    • Have a bail hearing.
    • Have legal representation
    • Present a case
  • Balance:
    • Ensuring institutions don't abuse power while holding offenders accountable.

Criminal Jurisdiction of Victorian Courts

  • Court Hierarchy:
    • Magistrates’ Court: Summary offences, indictable offences heard summarily, committal proceedings, bail applications. No appellate jurisdiction.
    • County Court: Most indictable offences (except murder), appeals from Magistrates’ Court.
    • Supreme Court (Trial Division): Serious indictable offences (e.g., murder), appeals from Magistrates’ Court on questions of law.
    • Supreme Court (Court of Appeal): Appeals from County and Supreme Court (Trial Division). No original jurisdiction.
  • Role of Courts:
    • Provide access, enforce fairness, provide specialized knowledge, determine outcomes, impose sanctions, provide appeal opportunities, set precedents.

The Jury in a Criminal Trial

  • For indictable offences ONLY an accused has their guilt determined and voted upon by a ‘tribe’ of 12 people from the community.
    • Composition: 12 randomly selected from the electoral roll
    • Role: Determine whether the accused is guilty
    • Responsibilities: objective, listen to all evidence, listen to judges directions, appoint and nominate foreperson

First Nations People and the Criminal Justice System

  • Difficulties:
    • Over-representation in the system.
    • History of dispossession and social exclusion.
    • Cultural differences in communication.
    • Intergenerational trauma.
    • Language barriers.
    • Socioeconomic disadvantage.
    • Geographical barriers.
  • Responses
    • Koori Courts
    • Corrections Victoria programs (e.g. Aboriginal Art Policy Model)
    • Inquiries (e.g Royal Commission into Aboriginal Deaths and Custody)
    • Victorian Aboriginal Legal Service (VALS)
    • Koori engagement and Consultation (KEC) Framework

Difficulties Faced by Some Groups in the Criminal Justice System

  • Young People (10-18 years):
    • Brain immaturity.
    • Detrimental detention environments.
    • Evidence presentation issues.
  • Culturally and Linguistically Diverse:
    • Lack of knowledge about Victorian legal system, different English communication skills
    • Potential mistrust of Police
    • Differing cultural expectations and norms
  • People with Mental Health Issues:
    • Homelessness and mental health challenges
    • Comorbid substance abuse
    • Stigma
  • People With Disabilities: * Communication difficulties
    • Suggestibility
    • Credibility Issues