PowerPoint Presentation

In the CourtroomDemocratic SocietyEqual rightsFreedom of speechFair Trial

These are just a few of the fundamental human rights.Australia is a democracy, but apart from having the right to vote, what does this mean to us?

A democratic society recognises fundamental human rights. Some of these include:Equal rights: the right to equal treatment, not discriminated against because of gender, race or religion

Freedom of speech: a free and open press (uncensored)

Fair Trial:

[ask students: what do you think I mean by equal rights? ..Freedom of speech?.....Fair trial?.....

These are just a few of the fundamental human rights, recognised by democratic nations such as Australia and the US, and such rights are actually protected under international law.

[Does anyone know the international agreement which states these human rights?] Universal Declaration of Human Rights. An agreement created by the UN just after WWII. Australia is a signatory to the declaration.

2Universal Declaration of Human Rights, 1948.Article 10.Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.(2) .Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

The fundamental human right we will look at in more detail today is the right to a fair trial.

In summary what does this mean?

3Fair TrialEveryone is entitled to a fair trial.

This means that a person has the right to be:heard by an unbiased judge(s) or jurypresumed innocent until proven guiltyPunishment fits the crime

Everyone is entitled to a fair trial.

This means that a person has the right to be:heard by an unbiased judge(s) or jurypresumed innocent until proven guiltyPunished according to the offence committed

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A colloquial term for a seemingly fake legal proceeding or court.

It comes from the notion of justice proceeding by leaps- like a kangaroo.

The verdict is often predetermined before the trial.

Kangaroo Court or TrialA colloquial term for a seemingly fake legal proceeding or court. It comes from the notion of justice proceeding "by leaps - like a kangaroo.

The verdict is often predetermined before the trial, therefore the process is manipulated.

A kangaroo court's proceedings may deny a persons legal rights. Such as the right to:summon witnessescross-examination not be tried on secret evidenceexclude evidence that is improperly obtained or irrelevant exclude judges or jurors on the grounds of partiality or conflict of interestappeal

6The JudgeRepresentative of the CrownYour Honour or Your WorshipEveryone in the courtroom must stand when the judge enters and exitsSits behind a raised podium Referred to as the bench

Courts are laid out to reflect and symbolise the power of the judge as the representative of the Crown. This power is intended to be respected and obeyed by all who enter the court, and it is common custom, particularly in superior courts like the Supreme Court, to bow to the judge upon entering and leaving the court. It is also required that all present in the courtroom stand up upon the entry and exit of the judge, and address the judge as 'Your Honour', 'Your Worship' or 'Judge'. The judge always sits behind a raised podium or desk, known as 'the bench'. The bench' is used to refer to the judge's position and role, much like the way 'the Crown' refers to the position and role of the Queen.

7Sit at tables in front of the judgePlaintiff and Defendant sit with their counselCounsel are lawyers, barristers and solicitors Plaintiff & Defendant

Parties in a Civil TrialIn front of the judge's bench, usually sit tables for the disputing parties and their respective counsel. These counsel are professional lawyers, and depending on the nature of the court hearing, they might include: one or more counsellawyers for the prosecution (criminal cases)barristers and solicitors to represent the accused (criminal cases) or respondents (civil cases)

Barristers often sit with solicitors who provide ongoing advice and discussion during a case, but only the barristers address the judge, jury and witnesses.

Witnesses are called up to the dock to be cross-examined by each side of the case. 8Sit at tables in front of the judgeSits with their legal representativeThe Prosecutor & the AccusedParties in a Criminal Trial9

People in the CourtroomBench clerkPrison officers or bailiffs Court reporters or 'stenographers'Court illustratorsMedia representativesMembers of the publicAside from the jury, the rest of the courtroom is populated by representatives of the media and members of the public. Other personnel in a courtroom include:Bench clerk: sits near the magistrate, and announces the cases and calls people into court.prison officers or bailiffs: escort and secure the accused in criminal trials, court reporters or 'stenographers' : transcribe everything that is said in the courtroomcourt illustrators: produce the images of the courtroom that appear in the media.

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The Jury12 citizens 18 70 years oldenters and exits through their own entranceThe jury sits to the side of the courtroom, and enters and exits through their own entrance. In a criminal matter, a jury is made up of 12 citizens. The jury listens to the evidence presented in court and decides whether the prosecution has established, beyond a reasonable doubt (the 'burden of proof'), that the accused person did in fact commit the crime as charged.

Jurors can be any citizens between the ages of 18 and 70. Jurors are selected at random by a computer from the electoral roll. Some people, such as those who have been in prison, are disqualified from jury duty. Unless you have a good reason, you must serve on the jury when asked - it is considered a public duty. Jurors are paid a small amount (around $90 per day) for their time.

11The Jurys RoleLook at both sides of the argumentDetermine what they believe really happened by looking at the facts presentedSwear an oath that they will carry out their duties conscientiously and in an unbiased way Elect a foreman

Hung jury: failure to reach a verdictThe jury's job is to examine the pleadings (arguments) of both sides and decide what really happened (find the facts). But they do not decide on legal questions, or on what sentence should be handed down. Jurors can be challenged by either side if they are considered to be biased for some reason and can be replaced. All members of the jury must individually swear an oath that they will carry out their duties conscientiously and in an unbiased way.

The jurors elect a foreman to speak for them and ask questions on points of clarification. This allows the process to run smoothly. Once the jury has left the courtroom to make their decision, they are free to debate and argue the case for as long as it takes to reach a unanimous verdict.

If the majority of jurors are convinced that there is no way of persuading the other jurors to agree with their point of view, the foreman will inform the judge that they have failed to reach a verdict. The judge may then discharge them and order a retrial with a new jury. This is called a hung jury.

12Quick Quiz1. Witnesses may be cross-examined byCounsel from each side of the caseAnswer: Counsel from each side of the case132. In a courtroom, the judge must not be addressed as: His MajestyAnswer: his majesty143. If a verdict is predetermined before the trial, it may be referred to as a:Kangaroo CourtAnswer: kangaroo court154. The role of a stenographer is to:TranscribeAnswer: transcribe16Proceedings in a Magistrates Court Criminal TrialThe Defendant is asked how he or she wishes to plead. The Defendant is called by the Orderly to appear before the CourtGuiltyNot GuiltyThe indictment is read to him or her[Refer students to the hand out they will need to fill in]

The first part is: The indictment is read to him or her

17Prosecutor: the person who acts on behalf of the Crown against the person charged.Defence Counsel: the person employed by the Defendant to defend him/her against the charge