Legal Studies Holiday Homework

The principles of justice

1. Describe two principles of justice. (4 marks)
a. A principle of justice is Fairness, which means having a fair hearing (i.e.
everyone in a court of law gets to know the facts of the case and have an
opportunity to speak and give vital information), while another principle of
justice is Access, which means that all people should be able to understand their
rights and be able to pursue their case (i.e. if someone cannot afford a lawyer
due to financial problems, a lawyer is appointed to them and their case free of
charge as courtesy of the court).

Key concepts in the Victorian justice system

1. Identify the party who usually bears the burden of proof in a criminal trial. (1 mark)
a. The party who usually bears the burden of proof in a criminal trial is the
prosecution.
2. Using an example for each, explain the difference between a summary offence and an
indictable offence. (4 marks)
a. A summary offence is a minor offence that the accused has been convicted of
committing based on the (i.e. shoplifting or speeding), whereas an indictable
offence is a severe offence that the accused is given based on the severe crime
they’ve been convicted of committing (i.e. assault or battery)

A summary offence is a minor offence that is seen in the Magistrates’ court, for
minor crimes such as theft or speeding. On the other hand, an indictable offence
is a more serious offence that is seen in either the County or Supreme court, for
major crimes such as arson or murder.

The rights of the accused

1. Explain the right to trial by jury. (4 marks)
a. The right to trial by jury refers to a jury of randomly selected people from the
community determining the outcome of the case. It is a right that is protected in
part by the Constitution. You’re granted the right to trial by jury if you plead
innocent in a criminal trial, or if you committed an indictable offence, but if you
 either plead guilty in a criminal trial, or if you committed a summary offence,
you are not allowed to have a jury in your case.
2. What is meant by the term ‘unreasonable delay’? What delays might be considered
‘reasonable’? (2 marks)
a. Unreasonable delay means that the timing of the case and whenever it starts or
however long it lasts for may inconvenience one or more of the parties in a
particular case (i.e. if the case is to begin in a day but the accused is due to give
birth in less than a week). Delays may be considered reasonable if the
prosecution requires more time to gather evidence for the case, or if like
previously said, the accused was due to give birth around the time of the case
beginning.

The rights of victims

1. Explain what is meant by the Victims’ Charter. Who can be defined as a ‘victim’ under
the charter? (2 marks)
a. The Victims’ Charter is a document that outlines guidelines for the provision of
information to victims as well as how to approach and acknowledge them. Under
the charter, a victim can be referred to as someone that has suffered injury as a
direct result of a criminal offence, a family member of a person who has died as a
direct result of a criminal offence, a child under the age of 16 who has been
groomed for sexual conduct, and more.
2. Identify two aspects of a case that police should inform the victim about. (2 marks)
a. Two aspects of a case the victim can be informed about are when the likely
release date of the accused is, and general information about the proceeding.
3. Describe two impacts of a crime that a victim could describe in a Victim Impact
Statement. (2 marks)
a. A victim could speak about physical impact against them (i.e. the accused could
give the victim permanent paralysis from the waist down through assault,
affecting them for the rest of their life) or they could speak about the mental
impact of that crime instead (i.e. the victim could’ve been in a store robbery
where the accused was present, giving the victim severe PTSD).
4. Explain how the court can aim to make giving evidence less intimidating for a vulnerable
witness. (3 marks)
a. A vulnerable witness is someone who is particularly at risk if they give evidence
because of their circumstances. The court can aim to make giving evidence less
intimidating for a vulnerable witness by letting them give evidence from another
room in the court outside of the courtroom via CCTV, having a support person or
dog to calm the witness, or utilising screens to eliminate vision of the accused
from the witness’s point of view.