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In the Courtroom. Democratic Society. Equal rights Freedom of speech Fair Trial. These are just a few of the fundamental human rights . Universal Declaration of Human Rights, 1948. Article 10.
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Democratic Society Equal rights Freedom of speech Fair Trial These are just a few of the fundamental human rights.
Universal 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.
Fair Trial Everyone is entitled to a fair trial. This means that a person has the right to be: • heard by an unbiased judge(s) or jury • presumed innocent until proven guilty • Punishment fits the crime
Kangaroo Court or Trial 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.
TheJudge • Representative of the Crown • ‘Your Honour’ or ‘Your Worship’ • Everyone in the courtroom must stand when the judge enters and exits • Sits behind a raised podium • Referred to as ‘the bench’
Parties in a Civil Trial Plaintiff & Defendant • Sit at tables in front of the judge • Plaintiff and Defendant sit with their counsel • Counsel are lawyers, barristers and solicitors
Parties in a Criminal Trial The Prosecutor & the Accused • Sit at tables in front of the judge • Sits with their legal representative
People in the Courtroom • Bench clerk • Prison officers or bailiffs • Court reporters or 'stenographers' • Court illustrators • Media representatives • Members of the public
The Jury • 12 citizens • 18 – 70 years old • enters and exits through their own entrance
The Jury’s Role • Look at both sides of the argument • Determine what they believe really happened by looking at the facts presented • Swear an oath that they will carry out their duties conscientiously and in an unbiased way • Elect a foreman Hung jury: failure to reach a verdict
Quick Quiz 1. Witnesses may be cross-examined by • Counsel from each side of the case
His Majesty 2. In a courtroom, the judge must not be addressed as:
Kangaroo Court 3. If a verdict is predetermined before the trial, it may be referred to as a:
Transcribe 4. The role of a stenographer is to:
The Defendant is called by the Orderly to appear before the Court Proceedings in a Magistrates Court Criminal Trial The Defendant is asked how he or she wishes to plead. • Not Guilty • The indictment is read to him or her • Guilty
Prosecutor: • 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