JSB173 Week 6 Exam Revision.docx

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Dr.Samantha Jeffries

JSB173 Week 6 Revision The Criminal Courts  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: o Presumed innocent until proven guilty o Receive a fair trial o Be treated equally regardless of economic position o State officials should be monitored so they do not misuse their power Levels of Offences in Australia  Indictable o Most serious offence. Dealt with in intermediate and higher courts.  Indictable offences dealt with Summarily o Mid range in seriousness. Dealt with in lower courts.  Summary o Least serious level of offence. Dealt with in lower courts. Levels of Courts in Australia  Lower Courts o When a person pleads guilty in a lower court, the magistrate can sentence them to a maximum of two years imprisonment.  Higher Courts o When a person pleads guilty in a higher court, the judge can sentence them to the statutory maximum imprisonment. Guilty Pleas  Around 80% of people will plead guilty.  Guilty pleas are in most cases the result of plea bargaining, in which the prosecutors attempt to induce the accused into admitting guilt in exchange for reduction of
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