1012CCJ - Police, Courts and Criminal Law - Report Writing - Law Assignment Help

Assignment Task

Questions
Part One:
What do prosecutors need to prove in the courtroom for a defendant to be convicted of a crime?

What are the differences between summary and indictable offences?

What is a legal ‘defence’? Describe two common exculpatory defences.

Briefly describe the different courts in your State’s criminal court hierarchy, and explain their roles and powers.

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:
Which court did you attend, and what type of hearing did you observe?

What was the most interesting thing you observed during your visit?

What were the charges against the defendant? Were these summary or indictable offences? How did you know this?

Identify who was present in the courtroom and explain the role you observed them perform.

Briefly describe the physical layout of the courtroom. How did this reinforce the role and status of the different people involved?

How did the opposing lawyers present evidence to support their side of the argument? Based on the evidence presented, which did you believe was the stronger argument?

Define the concepts of due process and the rule of law. What evidence of these did you see in the courtroom? Do you think the accused received a fair trial?

Part Three:
Using the ISAAC method, analyse two issues from the following statement of facts. You do not need to copy out the statement of facts in your assignment.
On 12 July 2020, Constables Davis and Wright were called to a property in the Gold Coast hinterland. The property was owned by George and Helen Silver. A neighbour had called 000 after hearing screams from inside the house. When the officers arrived, George was waiting at the front gate, looking visibly distressed. They asked him what had happened; George put his head in his hands and replied: ‘they’re dead’. Constable Davis went inside to search the property while Constable Wright detained George near the front door. Constable Davis found Helen and two young children dead in the loungeroom. He called out to his partner to secure George before calling on his radio for back-up and a forensics team. Constable Wright handcuffed George and pushed him up against the outside wall. He leaned in and whispered in George’s ear: ‘you’re going down for this, you sick bastard’. While they were waiting for back-up to arrive, the officers asked George about how the crime happened. At first, George said: ‘it wasn’t me, I would never hurt them’. The officers continued, repeating their questions in different ways. After George gave some inconsistent answers, they said: ‘you’re lying to us George, you may as well cooperate now. Once we take you the station, it will be too late’. As they walked George to the patrol car, he confessed to killing his family.

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