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Papers > Politics > Australian Judge Made Law and dispute resolution
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Australian Judge Made Law and dispute resolution |
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Aussie Judge Law! [1] The four principles of criminal law are: Innocent until proven guilty – a person who is charged, arrested and standing on trial must at all times be considered innocent until proven guilty, as they have only been convicted of a crime and have not yet been proven beyond a reasonable doubt to be the culprit. The State must prove its case – the prosecution must put forward every bit of evidence it has of the offence, and if the prosecution is unable to do so the judge can order the jury to acquit the defendant. ... Double jeopardy – double jeopardy is a common law principle which states that no person can be convicted, tried or punished for the same offence twice if they have been acquitted of the offence once before. ... After a committal hearing where evidence is presented and measured for sufficiency by the judge, the defendant will plead guilty or not guilty. A guilty plea sends offenders to the district criminal court, a non guilty plea sees the judge consider the prosecutions evidence, which is then supplied to the defendant within 14 days. ... If the judge holds that the prosecutions evidence is sound enough to prove the offence, then they will also be sent to DCC for trial. ... Post-Trial - The accused can either choose to be tried by a judge alone or with a jury also. ... The judge will have details about the accused and will then make a decision on the punishment, and the defence can still bring information forward. ... Things such as original objects and documents which relate to the dispute, for example, blood sample analysis reports conducted on blood found at a murder scene which matches the blood of the accused. ... [11] The three stages of the examination of a witness are that firstly a crown prosecutor calls a witness to the bench to provide evidence that will prove the accused guilty beyond a reasonable doubt for the judge. ... For a non-guilty plea – A non-guilty plea sees the judge consider the prosecutions evidence, which is then supplied to the defendant within 14 days. ... Jury selection and empanelling – the accused can either choose to be tried by a judge alone or with a jury also. ... Sentencing – the judge will have details about the accused and will then make a decision on the punishment, and the defence can still bring information forward. |
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Title: Australian Judge Made Law and dispute resolution
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