Trial Process
ASSESS THE EFFECTIVENESS OF THE CRIMINAL TRIAL PROCESS AS A MEANS OF ACHIEVING JUSTICE.
The criminal trial process is a vital part of the criminal justice system in NSW as it plays a fundamental role in achieving justice, by determining the innocence or guilt of an offender. Yet, despite the criminal trial process still having many complex issues that remove it of achieving its full means of justice, the process has stood the test of time and lasted for more than two centuries. It aims at lawfully and justly providing victims, offenders and society with the rights of a fair trial. The hierarchies of courts play a crucial role in effectuating justice for the community. The courts jurisdiction is the extent of the court’s authority and is often determined by the hierarchy. The lowest form of court is the Local Court. The Local Court Act 1982 (NSW) outlines the offences that are heard in this court. They are less serious crimes, where matters are tried summarily, but are also the location for bail and committal hearings, where police play a prominent role in achieving justice. The Intermediate and High Courts handle indictable crimes as well as appeals from lower courts. It is in these courts that a decision made sets a doctrine of precedent. The court hierarchy is a major part of the criminal trial process as it allows appeals and precedents to flow easily. It attempts to ensure consistency between judicial decisions, as well as limit the discretion on most judicial verdicts. Appeals and precedents fundamentally ensure efficiency and the effectiveness of achieving justice, but despite them being an effective measure in achieving justice, there are still cheaper and more cost-efficient methods, such as YJC, and Circle Sentencing, that can fulfill the same outcome. The cornerstone of Australia’s criminal trial process is the Adversary System. This refers to the legal procedure where two opposing sides argue a case before an independent, third party eg.
The criminal trial process is a vital part of the criminal justice system in NSW as it plays a fundamental role in achieving justice, by determining the innocence or guilt of an offender. Yet, despite the criminal trial process still having many complex issues that remove it of achieving its full means of justice, the process has stood the test of time and lasted for more than two centuries. It aims at lawfully and justly providing victims, offenders and society with the rights of a fair trial. The hierarchies of courts play a crucial role in effectuating justice for the community. The courts jurisdiction is the extent of the court’s authority and is often determined by the hierarchy. The lowest form of court is the Local Court. The Local Court Act 1982 (NSW) outlines the offences that are heard in this court. They are less serious crimes, where matters are tried summarily, but are also the location for bail and committal hearings, where police play a prominent role in achieving justice. The Intermediate and High Courts handle indictable crimes as well as appeals from lower courts. It is in these courts that a decision made sets a doctrine of precedent. The court hierarchy is a major part of the criminal trial process as it allows appeals and precedents to flow easily. It attempts to ensure consistency between judicial decisions, as well as limit the discretion on most judicial verdicts. Appeals and precedents fundamentally ensure efficiency and the effectiveness of achieving justice, but despite them being an effective measure in achieving justice, there are still cheaper and more cost-efficient methods, such as YJC, and Circle Sentencing, that can fulfill the same outcome. The cornerstone of Australia’s criminal trial process is the Adversary System. This refers to the legal procedure where two opposing sides argue a case before an independent, third party eg.