Criminal Law Criminal Trials.

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Presentation transcript:

Criminal Law Criminal Trials

Hearing – Magistrates court Trial – County or Supreme Court

Double Jeopardy Rule No person shall be tried twice for the same offence. Criminal Proceudre Amendment (Double Jeopardy and Other Matters) Act 2011 created exceptions to this rule: Allows DPP to apply to Court of Appeal for an order to set aside a previous acquittal and authorise the continuation of the prosecution of the charge Fresh and compelling evidence (DNA?) Accused confesses to the crime Key witnesses found to have given false evidence Trial tainted (juror intimidated or bribed)

Criminal Sanctions Purposes of criminal sanctions Punishment Retribution for society – revenge against the offender Allows the victim and society to feel avenged Deterrence Discourage the offender (specific deterrence) or other people (general deterrence) from committing similar crimes Rehabilitation Assist offenders to change attitudes and be treated Denunciation Shows the disapproval of the court of the conduct Protection Care for the community/society by removing the offender or keeping them busy

Types of Sanctions You must know three types of sanctions and their specific purposes Example: imprisonment Detained in jail for a period of time, meaning loss of freedom and liberty If term of imprisonment is two years or more, there must be also be imposed a minimum, non-parole period Can be concurrent or cumulative Aims of imprisonment Punishment – loss of liberty and freedom Protection – removal from society Rehabilitation – various programs offered Denunciation – shows disapproval General and specific deterrence

Ability of sanctions to achieve their purposes

Ability of sanctions to achieve their purposes