Effectiveness of the Australian's Criminal Trial Process in Achieving Justice

These rules have been developed in order to try and keep the process fair to both sides and ensure consistency between trials. The implementation of legal aid ensures that poorer offenders have access to the legal system and receive a fair trial. The measures both legal and non-legal through the criminal trial process ensure that each offender receives a fair trial in which they can be correctly convicted and effectively sentenced.

The Australian justice system implements the adversarial system in which opposing parties present their case before an unbiased decision maker, to ensure procedural fairness and the principles of natural justice are upheld.The system has been structured this way to ensure justice is served for the victim, offender and the broader community. The nature of justice is that it is equal to all, fair from bias and is accessible. In the case on R v Rolfe and R v Weston (2017) the two offenders; Timothy Rolfe and John Weston, members of the Rebels Outlaw Motorcycle Club were sentenced at the NSW Supreme Court on a joint criminal enterprise for the murder of 29-year-old Laurence Starling. The killing was motivated by revenge for an unpaid extortion debt of $200,000 between the deceased’s business partner Mr Fields and a high-ranking member of the ‘’Rebels’’ who sent his subordinates to seize Mr Field’s assets as compensation. The complex circumstances of the crime were problematic for the justice system because particular methods had to be implemented in the process of achieving justice however the justice system was relatively effective in reaching a just outcome for majority of the stakeholders due to its resource efficiency, responsiveness, accessibility, standards of fairness, protection of individual rights and meeting society’s needs.

The current jury system is based on an almost millennium-old principle found in the Magna Carta (1215). As a result of changes in society since, the system must be seen as potentially outdated. In other words, it may not satisfy the needs of modern society, judged by what the major stakeholders of the criminal justice system expect. Indeed, there are substantial flaws in current jury systems in terms of effectiveness. The two major concerns with jury systems are their representativeness and their levels of competence. The representativeness of juries is essential as their reason for existing is to represent the views of society. Having twelve jurors could be understood to ensure representativeness and eliminate room for bias. However, this does not remove the possibility of juries being biased towards parties. Even if the potential jurors contacted are representative in terms of gender, ethnicity, age and socioeconomic status and though jury duty is a compulsory engagement, 90% of Queenslanders opt out of it. This makes it very likely that juries will not be representative. One example is ethnic diversity. There is likely to be less ethnic diversity in courts because ethnic minorities might not have sufficient language ability or access to interpreters to be jurors. Another example is age. It is likely that retired people

In America we have an Adversary System of Justice, which means that criminal trials proceed under the adversary theory of justice to arrive at the truth in a given case. One characteristic of this system is intensive cross-examination of both defense and prosecution witnesses. In a jury trial, it is for the jury, which observes these witnesses, to weigh the evidence and make the ultimate decision in every case—guilty or not guilty. However, not every case makes it to trial in fact, about 80% of defendants plead guilty allowing them to just be sentenced and not have to go through the whole process of a trial. Other cases are dropped, or dismissed if the prosecutor, or in some cases a grand jury, feels that there is insufficient evidence to carry on. Some defendants are sent to diversion programs, these individuals are often sent here because an official involved in the case believes that there is a better way to deal with a defendant than to prosecute them.

The mishandling and contamination of evidence poses serious threats to the achievement of justice within the court. In October of 2009, Wyong Local Court was forced to overturn a burgular’s conviction after samples were mishandled in the laboratory, leading to a false match. Victoria has also experienced problems with DNA contamination, leading to a

The adversarial nature of the Australian court system is fundamentally implemented to ensure a fair and impartial trial for members of the public, yet this is not always the case. Access to justice, and the courts themselves, are often perceived quite variably depending on an individual’s experience with such institutions. In particular, it is often the disadvantaged in our society, such as those from low socio-economic backgrounds, youth and Indigenous Australians, who are the most neglected and disheartened by fair access to the court systems. However, this is not to say that the system specifically works in favor of educated, white individuals. The systematic approach to court processes, consisting of the apparent impartiality of judges and trials by jury, often impede the natural course of justice and do not allow for a fair and unbiased trial.

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

Throughout one’s life many are prone to being in one of America’s many courtrooms at least once in their life. Whether it is for a parking ticket, a petty larceny charge, or simply jury duty most citizens have been in a courtroom once or twice. However, it is rare that one knows the many steps and processes that take place when a crime has been convicted. There is an excess number of elements that are introduced and just to name a few it all starts with the occurrence of the crime, then follows the arrest, proceeded by an arraignment, bail hearing and any more steps before finally reaching the final verdict that lands one with guilt or innocence (Neubrauer, Fadella 2013). Based on the laws in place by the United States and the Constitution one must be able to prove guilt beyond a reasonable doubt. If there is doubt at all in the jurors minds, they cannot convict the individual of being guilty and lately this has created a lot of controversy in the United States with many cases being tried. For example, the Casey Anthony case that took place in Florida was one of the most recent states where Common Law and the Constitution were unable to be reconcilable to prove one’s guilt.

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

lood. Sticky, hot, messy, awful blood. For most of us, the sight of it turns the stomach, but in the court of law, blood can tell a lot more about a crime scene than you might think. Forensic bloodstain pattern analysis (BPA) is the interpretation of bloodstains for the purpose of reconstructing the events that took place in the case of violent crimes. Using the sciences of fluid dynamics and trigonometry, BPA examiners form opinions about what did or did not happen by examining elements of the stains such as the size, shape, distribution and location of the bloodstains. Following the analysis of the crime scene, BPA examiners then prepare to present often-critical evidence to a jury in the court of law. “In many cases including here in Australia BPA is essential and pivotal to the investigation” and can contribute greatly to the outcome of a criminal trial under South Australian law.

This being said, trials involving jury’s makeup an extremely small amount of court cases in Australia. Most cases of a criminal nature are heard Summarily in the Magistrates court before being given the opportunity to a trial by jury.

In Australia and in the United States, the trial process is very similar. The accused can be tried by a judge or they can take a chance and be tried by a judge and jury. An indictment is presented by the prosecutor and the accused is asked to plead guilty or not guilty. If the accused pleads guilty, then they will be sentenced. If the accused pleads not guilty, then they will go onto trial. In the trial the prosecutor will address the jury directly and outline their case against the accused. The prosecutor will then call witnesses to the stand to be questioned. Defense will also get a chance to cross examine the witnesses. The prosecutor must provide evidence to convince the jury that the accused is guilty beyond a reasonable doubt. Lastly,

The debate surrounding juries and whether there should be only unanimous or majority verdicts has been frequently contended, as well as the number of dissidents permitted if majority verdicts are to be allowed. Until 2006, the state of New South Wales only accepted unanimous guilty verdicts to record a conviction in a criminal case. The debate, however, was re-sparked in November of 2005

This essay will be looking at the advantages and disadvantages of the jury trial. Jury trial is a legal proceeding where a jury makes a decision, which then direct the actions of a judge. The members of a jury are a group of independent citizens. They have no interest in the case before them, nor is their judgment coloured by regular experience of the business of the court. They are “twelve individuals, often with no prior contact with the courts, who are chosen at random to listen to evidence and decide upon matters affecting the reputation and liberty of those charged with criminal offences.” The jury has always been drawn from sections of society but has been made democratic only in the last half century. And now almost all citizen of the United Kingdom are eligible to serve on a jury. But the percentage of criminal cases actually tried by jury is surprisingly low. Nowadays “the magistrates’ courts deal with at least 95 per cent of criminal cases. In practice juries determine the outcome of less than 1 per cent of the total of the criminal cases.” But still the idea of trial by jury has always been seen as a “cornerstone of the English legal system” , and it remains the standard mode of trial for dealing with the most serious types of criminal case. But even though it is established and been in practice for years, people seem to believe that there are disadvantages to jury trails. Nonetheless, the jury system is becoming increasingly controversial. Critics claim that