1012CCJ : Court Report Understanding of Criminal Court Processes - Law Assignment Help

Assignment Task:

Task:

The report has three parts. In Part One (Questions 1 to 5), you are asked to explain or describe some key concepts that are important to your understanding of criminal court processes. In Part Two (Questions 6 to 12), you are asked to describe and reflect on the criminal court hearing that you observed in the video. In Part Three (Question 13), you are asked to answer a problem-based question using the ISAAC model.
In your report, answer each of the following questions. Use the questions as sub-headings in your report (see the Information Sheet for further information). You must provide in-text citations for every answer and a reference list at the end of the court report.

Part One 

1. What does the prosecution need to prove in the courtroom for a defendant to be convicted of a criminal offence?
The prosecutor must prove his case without reasonable doubt according to the criminal standard. The judge hears all the proof and makes the judgement. If a convict judgement is issued, either the judge imposes a judgement or sets a later date for the imposition of a penalty.

2. What are the differences between summary and indictable offences?
Summary offences are issues tried purely by a judge. Summary crimes are usually less serious, such as traffic and small-scale crimes. In NSW, the maximum penalty for summary offences is 2 years.

In order for a crime to be a summary crime, it must be clear from the statute that this offence can be resolved summarily. If this is not the case, the crime is an offence that can be convicted. Indictable offences require a judge and jury trial. You are guaranteed the right to a trial by a jury if you are accused of an offence that can be prosecuted.

3. What is a legal ‘defence’? Describe two common defences in criminal law.
The case of someone charged with a criminal offence is justified through a defence. Two types, complete and partial, of defences exist. Crimes have essential elements, and the prosecution must prove each of those elements if a person is found guilty of the crime. If a defence removes one of these elements, the prosecution will avoid proving its case without reasonable doubt. All of the defences come under the common law and some of them have been laid down by law. Some crimes have specific defences, such as the defence of a legally corrected charge of an assault on a child, as set out in the Crimes Act 1900.

4. Explain the different courts that exist in your State or Territory’s court hierarchy.
The jurisdiction or area of expertise or law and monetary limits to be held in the courts and courts with Victoria's Court System. The Magistrates' Court, then County Court and then Supreme Court is the first level of the Victoria court system. Special courts and tribunals are also available.

5. Briefly describe the following court hearings. What is the main purpose of each?

a. Summary Hearing
b. Committal Hearing
c. Jury Trial
d. Sentencing Hearing

Part Two 

6. What charge is being laid against the defendant? Is this a summary or indictable offence? How do you know this? (You only need to describe the charge; you are not required to identify a specific section of legislation.)

7. For the defendant to be convicted of this offence, what would the members of the jury need to agree upon/be satisfied of?

8. Identify who is present in the courtroom and briefly describe the role you observed them perform.

9. Do you think that putting the accused in different seating positions (i.e. glass dock, regular dock, bar table) impacted on the fairness of the hearing?

10. What evidence is available for the prosecution, and how would this be used to prove that the offence was committed?

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