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Chapter 7 – The adversary system Key Knowledge

Chapter 7 – The adversary system Key Knowledge. We will be starting here. 7.1 – The adversary system – The role of the parties & Judge. Who are the parties? – Criminal & Civil! Inquisitorial Vs Adversary .

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Chapter 7 – The adversary system Key Knowledge

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  1. Chapter 7 – The adversary systemKey Knowledge We will be starting here

  2. 7.1 – The adversary system – The role of the parties & Judge Who are the parties? – Criminal & Civil! Inquisitorial Vs Adversary Burdon and Standard of proof in criminal and civil matters. Who has the responsibility? What is the role of the Judge/Justice/Magistrate? Contested hearings – Plea of guilty! Law complied with? Miss-trial if not? Hearsay evidence, propensity evidence, evidence of bad character, relevance of evidence Is a party at a disadvantage if they have no representative? Why do we have them?

  3. The role of the parties Mallard's case also highlighted a miscarriage of justice when police and a senior prosecutor were implicated in tampering with evidence and withholding information from the defense. • Two parties control the preparation and presentation of their case – according to constraints of law. • Prosecution/defendant • Plaintiff/defendant • The parties present their case to best represent their cause? – Can the prosecution exclude evidence that exculpates a defendant? • Test the evidence presented – Cross examination, present own witnesses. • http://www.innocent.org.uk/cases/stevenjohnston/ • http://www.betterconsult.com.au/blog/prosecutor-faces-criminal-charges-for-withholding-evidence-is-there-a-need-for-a-prosecutorial-oversight-campaign-in-australia/

  4. The role of the parties

  5. The role of the judge • Trial is conducted in a fair and unbiased manner • http://www.theage.com.au/national/14-retrials-due-to-judge-errors-20091225-lf2n.html • Rules of evidence, court procedures and rule of law followed • Independent and impartial and cannot assist parties to present their case. • Does not follow the inquisitorial processes in Australia • Determine questions of law regarding how the law is to be applied • A judge can direct a jury to acquit because the standard of proof has not been reached. Jury does not have to accept this. • Explains relevant law to the jury • Explains the points of law to the jury that needs to be proved in the case before them. • Judge determines the sanctions

  6. Your turn • Complete questions 1 – 6 Page 264 of the text

  7. The role of the Jury • Only required is a Criminal Trial when there is a plea of not guilty. • Sit in the County and Supreme Courts • Not used in the Magistrates court • Decide guilt/innocence in a criminal trial • Unanimous decision. Some cases Majority verdict can be accepted. • Make a decision based on the facts presented before the court. • Can be used in civil trials by request. • Differing Burdon and standards of proof.

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