Legal Studies 3C

 People must be treated fairly  Right to be heard by an unbiased decision-maker  Know allegations made against you  Given a chance to respond to allegations  Avenue to appeal decision  Fairness  Transparency  Equality before the law

CriminalCivil Person bringing the case Person defending the action Aim Standard of proof Verdict Outcome Examples of laws

SCENARIO:  You have been charged with the murder of a friend.  The police have evidence to prove you committed the murder.  You have pleaded not guilty.  There will be a trial (judge and jury) to determine the outcome.  What principles and processes would you want in place within our justice system so justice is achieved?

 The adversary system of trial is where two opposing parties, or adversaries, fight in court to win their legal battle. The trial is presided over by an independent and impartial umpire, and is conducted according to rules of evidence and procedure.

 Role of the parties  Role of the judge  Standard and burden of proof  Need for rules of evidence and procedure  Need for legal representation  Single event (continuous trial process)

 Instigate the proceedings  Investigate the facts  Decide which facts should be brought before the court  Investigate the law  Decide whether to have a jury in a civil case  Choose whether to have legal representation

 Act as an impartial umpire  Ensure rules of evidence and procedure are followed  Decide questions of law  Clarify issues  Direct the jury if there is one  Decide questions of fact when there is no jury  Decide the sanction or remedy  ** Tim Ellis Case

 Steps for bringing out the evidence  Each party will present an opening address to the court  Then present their witnesses who are subject to 3 stages of questioning  Each party will then present their closing summary to the court  Aim is to treat both sides equally and fairly

 Admissible evidence  Oral evidence given by a witness  Sworn statement (affidavit)  An object (murder weapon, stolen goods, photos)  Audio or audio-visual material  Set of circumstances or facts (circumstantial evidence)  Inadmissible evidence  Hearsay evidence Prior convictions  Irrelevant evidence Privileged information  Opinion evidence Evidence obtained illegally  Evidence of bad character

 Experts who are familiar with the strict rules of evidence and procedure  Help to ensure that the parties are able to present their best possible case  Clickview

 Read page 382 – 407 (blue edition) Read page (red edition) Questions: 1. Briefly explain the 3 elements of an effective legal system including when these elements may not be achieved 2. In what way is party control an essential element of the adversary system? 3. Why is it essential to the adversary system that the judge be independent and impartial? 4. Why are the rules of evidence necessary for the adversary system to operate? 5. How do the rules of procedure operate to bring out the truth? 6. Why is equal legal representation an essential element of the adversary system? 7. Why might the truth not be found in the adversary system of trial?

 Legal representation (contacted other legal defence to assist, costly)  Rules of evidence (evidence collected incorrectly,  Party control (Patrick did not reveal vital information, contracted other investigators, chose to leave Patrick in remand)  Single event (length of time)  Effective legal system  Strengths and weaknesses of adversary system Group discussion  4a4bavTnkT 4a4bavTnkT

 System used in many European, Asian and South American countries.  Court is actively involved in determining the facts and conduct of a trial.  Its main role is to find out the truth of an issue.

 Role of the parties  Parties have a greatly reduced role as the judge has control of the case.  Role of the judge  Investigate the case  Define the issues to be resolved  Gather evidence (together with the police)  Call and question witnesses during the trial

 Burden and standard of proof  No formal burden or standard of proof is set as the judge is the person responsible for bringing evidence and finding out the truth.  Rules of evidence and procedure  Less reliance on strict rules of evidence and procedure, for example inclusion of prior convictions, character evidence  Extensive use of written evidence (like statements)  Legal representation  Assist the judge by further questioning of witnesses.

 Clickview – The Adversary system – chapter 5  Read page 409 – 415 textbook (blue edition)  Outline the major differences between the adversary and the inquisitorial systems of trial  Describe some of the inquisitorial features that exist within Australia’s legal system.  ‘The inquisitorial system is more likely than the adversary system to reach the truth’. Discuss.  ‘The adversarial system of trial is more likely to reach a verdict that is acceptable to the parties and the people than the inquisitorial system of trial’. Discuss.

 Access WordPress site:  “The Adversary System tasks and additional readings” document

  youtube-video tkl1.htmlhttp:// youtube-video tkl1.html