Help please... (1 Viewer)

[JAZZAY]

I visited my local court yesterday and have a couple of questions which i hope someone might be able to answer:

1) Are there prosecutors in criminal proceedings that take place in local courts? I just couldnt figure out who the prosecutor was....there were only lawyers and some people had no lawyers at all...hmm or is the lawyer the prosecutor in this case??

2) Do you guys think legal representation is advantageous and necessary and why you hold such an opinion. After yesterday's court visit it seemed like legal representation merely benefited the lawyer and that the magistrate would have made the same decision with or without the lawyer there.

Thanks for any input!

 

[Frigid]

1) Are there prosecutors in criminal proceedings that take place in local courts? I just couldnt figure out who the prosecutor was....there were only lawyers and some people had no lawyers at all...hmm or is the lawyer the prosecutor in this case??

yes. if you notice the court listing, it is usually P v X. the P stands for Police, the X the accused. criminal prosecutions in the local courts are usually run by police prosecutors. it isn't always clear which is the prosecuting lawyer and the accused lawyer (there doesn't seem to be consistent seating)... but if you watch the proceedings you can usually work it out. usually the lawyer who stays in the courtroom for the whole day is the police prosecutor (coz he has more than one case to handle).

2) Do you guys think legal representation is advantageous and necessary and why you hold such an opinion. After yesterday's court visit it seemed like legal representation merely benefited the lawyer and that the magistrate would have made the same decision with or without the lawyer there.

i think this could be an assignment question, therefore i won't give you the complete answer. some questions to ask yourself:

- what are the advantages of representation (having compared represented and unrepresented defendants)? what are the disadvantages?
- is legal representation necessary in lower courts and minor offences? howabout higher courts and more serious offences (cf Deane J in Dietrich v the Queen)?
- does the role of the magistrate change if the accused is unrepresented? why is this?

 

[gordo]

lol u "think" that might be an assignment question...come on

 

[Frigid]

lol u "think" that might be an assignment question...come on

well i dun wanna help ppl plagiarise, do i?

half the fun of law is finding out the processes yourself (ie do something illegal, get charged, get hauled in front of a magistrate, plead, beg for a 'section 10')

 

[JAZZAY]

thanx frigid....just one more question regarding the prosecuting lawyer as im trying to figure out who was who: Does he/she actually present the case of the defendant before the magistrate or would that just be the lawyer?

 

[Frigid]

thanx frigid....just one more question regarding the prosecuting lawyer as im trying to figure out who was who: Does he/she actually present the case of the defendant before the magistrate or would that just be the lawyer?

dude i think you're confused.

in a criminal trial, the prosecutor is trying to prove the guilt of the accused beyond reasonable doubt.

the defendant's/defence lawyer is trying to show doubt in the prosecution case.

 

[santaslayer]

Prosectutor is the one that prosecutes, that is, one that takes action and brings the potential case before the court.
The defendent is one that obviously maintains their own innocence.

Both parties put their sides of the story before a magistrate/judge. (adversarial trial)

The magistrate/judge, or sometimes, the jury decides on ones guilt or inncoence.

The magistrate/judge then hands down a sentence or dismisses the case.

In a criminal trial, the onus of proof lies within the prosecutor. That's why the defence need only convince the decision maker of small traces of doubt for the whole case to be dismissed.

Isn't this week one work?

 

[melsc]

well i dun wanna help ppl plagiarise, do i?

half the fun of law is finding out the processes yourself (ie do something illegal, get charged, get hauled in front of a magistrate, plead, beg for a 'section 10')

Agreed LOL...You will learn a lot from that experience