Tuesday, May 5, 2020

Criminal System In Australia Significance †Myassignmenthelp.Com

Question: Discuss About The Criminal Justice System In Australia Significance? Answer: Introducation The Criminal Justice system in Australia has own significance to access their powers and responsibilities. The Federal System of government of Australia applies their judicial effect to their state and territory of the Australia where it control and legislate its powers. The administrative of criminal justice legislative management the powers on the six states and two territories in Australia (Neubauer Fradella, 2015). In the court each person like judge, jury, defense, defendant, prosecution, clerks, police, witness, and advocates play their roles individually (Cole, Smith DeJong 2015). The Criminal Justice System provides them various responsibilities according to their acts ("Australian Institute of Criminology - Criminal justice system", 2017). The Judge is one of the important part in the Criminal Justice system. In the Australian court there are several courts and each court has been processed by individual judges (Neubauer Fradella, 2015). The Magistrate court, District Court and Supreme Court included judges according to the courts legislations. The Judges interpret the law, collect evidence and listen to the witnesses and maket the decision according to the situation (Cole, Smith DeJong 2015). The Judges also make sure that the evidences and legal arguments as been processed properly or if there any force applied. The judges are also recognizing as the leader when he or she is trial the case. It is important to them that they should respect the human rights and it is the duty of them that will protect the human rights when they are applying the law. The Jury members are also important part I the Australian Judicial system. They also play an important role in Justice System. The Jury listen all the evidence and present in the court room while the court process the judicial system (Neubauer Fradella, 2015). They help to the Judge to make the decision. The Jury members also have the duty to listen every evidences also help the judges what to believe regarding the case facts. The procedures are followed according to the discussions related to the facts ("Australian Institute of Criminology - Criminal justice system", 2017). It the jury finds that the defendant is guilty for his criminal activity then the Judge will finally decide the penalties (Neubauer Fradella, 2015). In the judicial system juries are helps to presents positive appreciations in the cases and they also communicate properly with the Judges for the where they maintain their responsibilities. The person who makes complain against the accused is known as complainant in the Criminal Justice system (Cole, Smith DeJong 2015). The complainant also present in the court while the case was processed (Larsen, 2014). The complainant must not disobey the court order and must cooperate with the judicial system of the court. The accused is the person for whom against complain has been made and charged with committing an offence towards the complainant. If he was found guilty for the committed offence then the Judge will give the judgment according to the situation ("Justice system - Department of Justice and Regulation, Victoria", 2017). The Accused are also bound to obey the courts order and must follow the procedures of the court according to the verdicts or the judgments. Prosecution defines the criminal charges against the defendant in the particular court where the evidences has been produced. The public prosecutors are placed in the court for process the criminal process for the defendant (Larsen, 2014). They have duties to process for the rights and responsibilities for the witness, modification of charges or accept the plea, the information about the bail proceedings and appeal to the court ("Justice system - Department of Justice and Regulation, Victoria", 2017). The prosecution charges are only applied by the judges according to the evidence of the court. The charges should be accurate. Clerks are the member of the administrative system. They help to proceed on the operational and administrative system in the legal proceedings. They listen to the proceedings about the documentation of the court actions (Larsen, 2014). They help to enforce the law by executing the court orders. They also serve legal orders and other documents like summons and other relevant documents ("Australian Institute of Criminology - Criminal justice system", 2017). Police officers have played another important role in the Criminal Justice system. They charged the defendant for the criminal activities and inquiry about the criminal offence on behalf of the court. They have powers to arrest the accused and present him in the court. A criminal case was processed either by the arresting the accused by the police or according to complain of the complainant where police arrest the accused. Witness is the part of the case proceeding where a person gives the evidence according to his knowledge regarding the case factors. The witness is used as an evidence in a court proceeding. The witnesses help to find the case factors about the criminal and the criminal activities. In a case preceding the Advocates will be recognized as a barrister who helps in the proceeding and make defenses for the defendants. They work behalf of the accused and manage the legal processing in the court ("Australian Institute of Criminology - Criminal justice system", 2017). They collects every documents from their clients, submits to the court for hearing in the court. The advocates can be known as solicitors also. Their dty is to deal with the client regarding the case issues and appear to the court on behalf their clients for the preliminary and interim hearings in the court proceedings. Barristers mainly process on the serious criminal cases in front of the Judges and Jury members. The Criminal Justice System has its own complexity where several purposes has been decided the offender and complainant should treat with equal justice where judge, jury, defense, defendant, prosecution, clerks, police, witness, and advocates play their responsibilities according to the criminal justice process. Reference Australian Institute of Criminology - Criminal justice system. (2017). Aic.gov.au. Retrieved 10 August 2017, from https://www.aic.gov.au/criminal_justice_system.htm Cole, G. F., Smith, C. E., DeJong, C. (2015). The American system of criminal justice. Nelson Education. Justice system - Department of Justice and Regulation, Victoria. (2017). Justice.vic.gov.au. Retrieved 10 August 2017, from https://www.justice.vic.gov.au/home/justice+system/#breadcrumbs Larsen, J. J. (2014). Restorative justice in the Australian Business law justice system. Canberra, Australia: Australian Institute of Criminology. Neubauer, D. W., Fradella, H. F. (2015). America's courts and the criminal justice system. Cengage Learning. Schmalleger, F., Donaldson, S., Kashiwahara, K., Koppal, T., Chase, S., Brown, A., ... Marash, D. (2014). Criminal justice today. Prentice Hall. Surette, R. (2014). Media, crime, and criminal justice. Nelson Education.

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