JSB173 Study Guide - Final Guide: Mandatory Sentencing, Industrial Revolution
Document Summary
The role of the criminal court is to determine the guilt or innocence of those accused of infringing criminal law and where guilt has been determined, to impose punishment in accordance with sentencing law and practice. The philosophical underpinnings of our modern justice system emerged after the industrial revolution, a time when the due process model was idealised. The due process model is concerned with accuracy and reliability of information and the protection of individual rights especially rights to liberty. In practice this means: presumed innocent until proven guilty, receive a fair trial, be treated equally regardless of economic position, state officials should be monitored so they do not misuse their power. Indictable offences dealt with summarily: mid range in seriousness. Summary: least serious level of offence. Lower courts: when a person pleads guilty in a lower court, the magistrate can sentence them to a maximum of two years imprisonment.
