Legal Studies Unit 3 AOS 1 Booklet A

Key Knowledge The principles of justice, equality and fairness in relation to the criminal justice system Key concepts in the criminal justice system, including the purposes of criminal law, distinction

between summary offences and indictable offences, the burden of proof and standard of proof, and the presumption of innocence

The rights of an accused, the source and extent of those rights, including the right to be tried without unreasonable delay, the right to a fair and unbiased hearing, and the right to a trial by jury

The rights of victims, the source and extent of those rights, including the right to give evidence as a vulnerable witness, the right to be informed of the status of proceedings, and the right to be informed of the release date of the accused

Key Knowledge Video

The principles of justice, equality and fairness in relation to the criminal justice system Key concepts in the criminal justice

system, including the purposes of criminal law, distinction between summary offences and indictable offences, the burden of proof and standard of proof, and the presumption of innocence

The rights of an accused, the source and extent of those rights, including the right to be tried without unreasonable delay, the right to a fair and unbiased hearing, and the right to a trial by jury

The rights of victims, the source and extent of those rights, including the right to give evidence as a vulnerable witness, the right to be informed of the status of proceedings, and the right to be informed of the release date of the accused

Legal and Non Legal Rules

Laws can be classified as statute law or common law

The difference between criminal and civil law:

Legal rules are:

Non legal rules are:

Statute law is: Common law is:

Criminal law:

Civil law:

Criminal Law Civil Law

Aim

Parties involved

Burden of proof

Standard of proof

Outcome

Types of law

Justice can be viewed in two ways: social justice and procedural justice:

Social Justice is: _______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Procedural Justice is: _______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

The Principles of Justice: FAE

Fairness extended… the principles of natural justice

Limits on Justice:

_______________________________________________________________

_______________________________________________________________

Limiting knowledge

Legal Costs

Delays

Difficulty faced by migrant groups

How does the Criminal Justice System provide for FAE?

Key concepts in the Victorian Criminal Justice System include distinction between summaryoffences and indictable offences, the burden of proof and standard of proof, and thepresumption of innocence

The difference between indictable and summary offences

The main purposes

of criminal law are:

Indictable offences heard summarily are:_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

The presumption of innocence is: _______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Th

e b

urd

en a

nd

sta

nd

ard

of

pro

of:

The burden of proof is:

The standard of proof is:

The rights of an accused

Human rights in Australia protect the rights of a person accused of a crime.

How is the presumption of innocence upheld?

The Charter of Human Rights and responsibilities definition:

Study tip: you may be asked in your examination to explain the three rights above. You should befamiliar with each right and be able to explain the source of those rights (where they come from)

The charter and rights of an

accused:

The rights for a person accused

of a crime outlined in this

charter include:

The right to be tried without unreasonable delay

Case example: Dietrich v the Queen synopsis:

The right to a fair and unbiased hearing

Facts:

Impact on fair trial:

The rights of Victims

These are protected by a number of statutes, most notably the Victims’ Charter Act 2006 (Vic)

The right to trial by Jury

The Victims' Charter Act 2006

(Vic) is:

Study tip: in the end of year examination you may be asked about the rights of victims listedabove. You should be able to say where the rights come from (Victims’ Charter and Criminal

Procedure Act) and explain what they are

Rights available

to a victim are:

mWhere this right comes from:

Explanation:

The right to give evidence as a vunerable

witness

Where this right comes from:

Explanation:

The right to be informed

about the proceedings

Where this right comes from:

Explanation:

Right to be informed of the

likely release date of the

accused

Factors that limit the achievement of justice:

Reforms and suggested reforms to overcome difficulties:

What you need to know for Unit 3 SAC 1 A

The principles of justice, equality and fairness in relation to the criminal justice system (FAE

and how the criminal justice system does/does not allow for FAE)

Key concepts in the criminal justice system including

o The purposes of criminal law

o Distinction between summary offences and indictable offences

o The burden of proof and standard of proof

o The presumption of innocence

The rights of an accused, the source and extent of those rights including:

o The right to be tried without unreasonable delay

o The right to a fair and unbiased haring

o The right to a trial by jury

The rights of victims, the source and extent of those rights, including:

o The right to give evidence as a venerable witness

o The right to be informed of the status of proceedings

o The right to be informed of the release date of the accused

Limitations to the achievement of justice

Reforms and suggested reforms to overcome these limitations

Revision Questions

1.) Define the terms “burden of proof” and “standard of proof” (4 marks)

2.) Distinguish between an indictable offence and a summary offence (2 marks)

3.) Describe two principles of justice (4 marks)

4.) Explain how rights of victims provides for one principle of justice (3 marks)

5.) Explain the circumstances in which a victim may be entitled to know the release date of an

imprisoned offender (4 marks)

6.) Micah is the complainant in a criminal proceeding relating to a charge for a sexual offence.

He is nervous about giving evidence. Explain two possible protections that may be available

to Micah when giving evidence (4 marks)

7.) To what extent is there a right to trial by jury in Victoria? Justify your response (6 marks)

8.) Give to reasons why an accused is entitled to certain rights in a criminal case. In your

response, provide two examples of rights available to an accused. (5 marks)

9.) Identify one right of a victim and one right of an accused in a criminal proceeding. In your

response, explain how these rights uphold one or more of the principles of justice (8 marks)