Please enable JavaScript.
Coggle requires JavaScript to display documents.
The Criminal Justice System (Citizens are important in the System…
The Criminal Justice System
Criminal Justice Models
Adjudicative - Criminal Courts
Correctional - Prisons, Community Corrections, Probation and Parole Services
Investigative - Police, Prosecution (DPP), Specialist Investigative Agencies
Citizens are important in the System
Citizens play a large role in solving crime with police, 75% of crimes solved by citizens or victim reports
Citizens serve on juries
People elect government officials to make the laws
Victims may participant in sentencing procedures
Citizens work as volunteers and paid workers in agencies servicing criminal justice organisations
THE MODELS
Adversarial AKA Accusatorial - Both parties, prosecution and defense, bring evidence before the court and act like fact finders - Used in Australian courts as well as UK, US, CAN and NZ - JUSTICE MAY COME DOWN TO THE BEST ARGUMENT.
Inquisitorial - The prosecutors or police develop a case or dossier but the judge calls witnesses. This model is more of an inquiry approach rather than each side. Australian Coroners Court uses this model. Similar models exist in ROYAL COMMISSIONS, NSW INDEPENDENT COMMISSION AGAINST CORRUPTION.
Other External Factors
THE MEDIA
POLITICIANS - platform within their elections
Justice Organisations
Legal Aid and State Public Defenders provide legal representation for people without financial means
Legal Aid do their best but don't have the resources
MONEY DOES HAVE INFLUENCE IN THE DEFENCE
Within the courts
Crown Prosecutor - Alias - Mr or Ms Crown - Obligation for the crown to disclose all evidence against someone, there is no right to disclose what evidence is again them though - Expert by Ambush - not agreeable to this method
HERBERT PACKER - Two Different Values Systems
The Crime Control System
Once the screening is complete, legal proceedings commence until it is disposed
Efficiency meaning filtering out factually guilty and non guilty cases by the police and or prosecution by examining the brief of evidence.
Controls Efficiencies within the system
This model works on the presumption of guilt based on the assumption hat he case has passed through a robust filter
The Due Process Model
The due process model doesn't rely on the police and or prosecutions vetting each case
Instead it relies on more formal fact finding of the judicial process
Within the due process model a presumption of innocence is maintained during the judicial proceedings
Due process also distinguishes between factual guilt and legal guilt
GUILT
Legal Guilt - is based on not only the evidence but also whether the state has acted legally in obtaining evidence and proving its vase beyond reasonable doubt # EXAM QUESTION
Factual Guilt - A police officer pulls over a car because X, person has attitude so they do a search - they find a kilo of cocaine, legally they couldn't do the search but factually they are guilty - is based on evidence of a persons commission they are guilty
The right to due process
Due process provides some safeguards against unfair treatment during legal proceedings and are designed to protect individuals human rights
The presumption of innocence
The right to legal counsel (defence)
Every accused is afforded the following
The charges must be proven beyond a reasonable doubt
The opportunity to be present and heard in the court including defending themselves if requested
The accused does not have to prove his/her innocence
The ability to confront and cross examine any witnesses
The accused has the right to silence (can refused self incriminating testimony)
Received advance notice of the trial and disclosure by the prosecution