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Terms in this set (31)
Parliament, supreme law making body
Executes the law eg police
Interprets and applies law
Judge alone trial (3 points)
Maximum punishment less than 2 years imprisonment, faster and cheaper, judge decides facts and law
Jury trial (2 points)
Maximum punishment more than 2 years imprisonment, judge decides law, jury decides fact
Under what circumstances may a case of over 2 years max imprisonment go to judge alone?
Defendant can request judge alone, in case where jury can be intimidated
What is the onus of proof?
Who has to prove the issue that the court has to decide?
Burden of proof:
Generally falls to prosecution
Exceptions to burden of proof on prosecution:
Defendant defense of insanity, specific parliament legislation, or if judge says can be acquitted for not being at fault
Criminal Law: Standard of proof
Beyond reasonable doubt. High 90%s. An honest and reliable uncertainty.
Civil law: Standard of proof
Balance of probabilities. 51%
Sources of criminal law:
Offences: statutory under s9 of Crimes Act 1961
Defences: some common law under s20 Crimes Act 1961, fallback provision of parliament
2 most important proceedings statutes
Criminal procedure act 2011, sentencing act 2002
7 next important proceedings statutes (CTCENCP)
Children, Young Persons and their Families Act 2011
The Bail Act 2000
Criminal Disclosure Act 2008
Evidence Act 2006
NZ BORA 1990
Criminal Procedure (mentally impaired persons) Act 2003
Parole Act 2002
6 ways courts decide issues of the law:
Interpretation Act 1999 s5, purpose
What people saw or heard, risk in error with short events
Done through ESR, analyse unknown substances, blood alcohol, DNA
Where do NZ courts have criminal jurisdiction
Over all offences committed in NZ, crimes outside NZ if in statute or if crime committed on NZ ship or aircraft, or in international treaties
What is a "child" and what's the go with their court/offending
Under 14, dealt with away from courts except murder, manslaughter, repeat offence, max penalty more than 14 years imprisonment
What is a "young person" and what's the go with their court/offending
14, 15, 16, youth court. No jury but can elect, rules with publicity.
What is a category 1 offense?
No imprisonment, DC, Community Magistrate of JoP
What is a category 2 offense?
Imprisonment less than 2 years, DC, DCJ
What is a category 3 offense?
Imprisonment more than 2 years, DC/HC, judge unless jury elected by defendant
What is a category 4 offense?
Imprisonment more than 2 years, special offences, HC, jury
Name the 3 investigative and enforcement bodies
NZ police, SFO, Commerce Commission and Financial Markets Authority
What is self incrimination?
Citizens have a general privilege against self incrimination, they do not have to answer any question that may incriminate themselves
What is the relationship of investigators and prosecutors?
Most agencies start the process with investigation, time varies when prosecutors become involved or direct
What are Crown Solicitors?
Used for major offenses, one for each defined physical area, employs lawyers, supervises work, prosecutorial independence - victims see their needs not being adequately addressed
What do the NZ police do with prosecution?
Have a separate prosecution branch, do not have to be lawyers but generally are, do not defend jury trials or in HC
Discretion to bring changes; what is evidential sufficiency?
It is wrong on principle to prosecute if there isn't enough evidence. Can be challenged pre or post trial
Discretion to bring changes: what is public interest criterion?
Prosecution must be necessary in the public interest
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