Legal Sac

Front 1

What are the key features of the adversary system? (1&2)

Back 1

1.Role of the Party - Each side has the right to put their case to the court by presenting witnesses and evidence to support their case. They have the right to question the opposing sides witnesses and evidence

2. Role of the Judge - An impartial adjudicator, ensuring that the rules of evidence and procedure are followed. If they are sitting without a jury, then they will decide a case.

Front 2

What are the key features of the adversary system? (3&4)

Back 2

3A. Standard of proof -
criminal - must prove guilt 'beyond reasonable doubt'
civil must prove liable 'on the balance of probabilities

3B. Burden of Proof
criminal - prosecution, civil - plaintiff

4. Representation - The adversary system presumes that both parties are equally able to present their case with the assistance of professionals

Front 3

What are the key features of the adversary system? (5)

Back 3

5. Evidence and Procedure - There are strict rules of evidence ensuring that each party has an equal chance to present their case. Both are bound by the same rules of evidence and procedure. The parties can call witnesses to support their case. Witness give their evidence orally. This process involves calling evidence in chief (first time evidence by responding to questions) cross examination (by the opposing party) and re examination (to clarify or undo damage from cross examination)

Front 4

Arguments for the adversary system

Back 4

- independent arbiter (one person authority to listen to case)
- combative trial leading to the truth being determined
- rules of evidence and procedure, both parties have an equal opportunity to present their case (consistent and fair)
- stood the test of time
- confidence in the system
- protect the individual through the burden and standard of proof
- innocent until proven guilt

- Dietrich principle

Front 5

Arguments against the adversary system

Back 5

- costly

- delays

- judge should be more involved in the case

- legal representation may be expensive

- important evidence may not be heard

- witnesses maybe asked to give evidence a long time after the event, accuracy maybe in question

Front 6

Define Jury system

Back 6

a legal system for determining the facts at issue in a law suit

Front 7

Define Jury

Back 7

is a body of six people or 12 people who decide all questions of fact at a trial, apply the law as outlined by the judge and deliver a verdict of guilty or not guilty

Front 8

Role of the jury

Back 8

-to understand the law and to know how to apply it to the facts of the case

- hear evidence and decide whether the accused is guilty beyond a reasonable doubt

-reach a majority verdict

Front 9

What courts have a jury

Back 9

county or supreme court

Front 10

When are juries used?

Back 10

Juries are used in criminal cases where an indictable offence has occurred and the defendant has pleaded not guilty

Front 11

Number of juries for a criminal case?

Back 11

12 people

Front 12

What is the jury selection process

Back 12

- selected at random from the electoral roll
- questionnaire is sent - answered & returned within seven days

- can be disqualified, deemed ineligible or excused

Front 13

Explain ineligible

Back 13

- people who work in the legal system (police, lawyers, judges)
- blind or deaf
- cannot speak English

Front 14

Explain disqualified

Back 14

- people convicted of an indictable offence and sentenced to 3 years in prison or more (past 10 years)

- within past 5 years received a community correction order

- served time in youth detention center or have been placed on a community based order

Front 15

Explain exscused

Back 15

- illness

- advanced age

- living over 50 km away

- studying for exams

- overseas holiday

Front 16

What is the jury empanelment process

Back 16

informing a jury, both parties are entitled to challenge potential members of the jury (if there is two accused - 5 challenges , three of more - 4 challenges)

Front 17

Define peremptory challenge

Back 17

- a challenge to a potential juror where no reason for the challenge is given

Front 18

Define challenge ' for cause'

Back 18

when you must provide the court with an adequate reason for your challenge

Front 19

Advantages of jury system (1)

Back 19

- represents a cross section of the community values

- trials maybe less confusing as matters need to be clarified to members of the jury

- the community is actively involved in the legal process

- greater acceptance of a decision by 12 jurors rather than a judge alone

Front 20

Advantages of jury system (2)

Back 20

- educates the public on legal procedure

- jurors are selected at random and have no connection with the accused

- if a judge is satisfied the jury will reach a decision, the jury may be discharged (hung jury) the case will be reheard before another jury

Front 21

Disadvantages of jury system

Back 21

- can a jury of 12 ordinary people understand and recall all the evidence presented before them?

- does the use of juries make a trial longer and cost more?

- does the jury represent a true cross- section when many people are ineligible, excused and disqualified?

- do not give reasons for their decesions

Front 22

Possible reforms to jury system

Back 22

- appointing professional four person to explain the court processes and their role to other jurors

- reducing the number of jurors in a criminal trial

- making juries more representative of the community

- increasing the pay jurors receive

- make jurors give reasons for their decesions