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COWARD PUNCH – ON TRIAL

PART A: From Commission to Sentencing

Video link (Victoria Supreme Court): https://www.youtube.com/watch?v=x9M6zLjC46s (13


minutes)

1. What legal terms haven’t you heard before?

2. What are the stages in the process from the incident occurring through to
sentencing?

3. What kinds of obligations do jurors have?

4. Under what circumstances can a juror be excused?

5. With whom does the burden of proof rest in criminal cases?

6. Who questions witnesses first in a criminal trial?

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7. Read the following:

Below are the key stages of dealing with a criminal act from the crime being committed to an
offender being convicted and sentenced. This does not include each individual process but
should give you an idea of what occurs when.

1. Commission
A crime is committed.
2. Investigation
If the culprit is not immediately apprehended, an investigation will be launched.This will involve the
police and criminal investigators/experts funded by the state in which the offence occurred.
3. Arrest
If there are reasonable grounds to suspect someone has committed a crime, they will be read their
rights (such as the right to silence and protection from self-incrimination) and questioned by police
(which they may or may not participate in). Usually, suspects (that is people that have been accused
but not found guilty of a crime) will enlist legal counsel (that is, lawyers to advise them). It is at this
time that a suspect will be held in custody.
4. Arraignment
A hearing where a suspect is formally charged with a crime(s) and the charges against them are laid
out. In response, a suspect will enter a plea (guilty/not guilty/no contest). If a suspect pleads guilty,
they will proceed to sentencing.
5. Bail/remand
Whilst a person charged with a crime is awaiting trial they will either be released on bail (that is, not
have to wait in prison provided certain conditions are met) or held in remand (that is, they will wait in
jail until the time of their trial).
6. Pre-trial hearings
Before a trial commences several hearings may occur such as: discovery (where lawyers on both
sides exchange documents)
7. Jury empanelment
Most criminal trials will involve a jury. This means that ordinary citizens (provided they’re not lawfully
excluded/ineligible and are of voting age) will listen to the evidence and determine a verdict (that is, a
finding of guilty or not guilty based on the facts). The process of jury empanelment is critical to filtering
out bias and ensuring that any jury represents a cross-section of the community.
8. Trial
The prosecution (lawyers who represent the state) and the defence (lawyers who represent the
accused person) present arguments and evidence and question witnesses to advocate for the
interests of their ‘side’ (i.e. the prosecution is aiming to achieve a just outcome for the victim(s) whilst
the defence is generally looking for the most lenient outcome for their client, usually an acquittal (that
is, a finding of not guilty)).
9. Custody
Once an accused has been convicted, they will remain in custody (that is, jail) until their sentencing
hearing.
10. Sentencing
Once someone is convicted of a crime, they will be served with a punishment (i.e. a fine, prison
sentence, etc.) proportionate to the crime they have committed.

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PART B: Timeline of a Criminal Matter

Plot the keywords below in chronological order of a criminal arrest / trial:

BEGINNING

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END

PART C: People in a Courtoom

Write definitions for each of these terms:

You can refer to this document for help:


victorialawfoundation.org.au/sites/default/files/resources/Legal-
glossary.pdf

PERSON ROLES
Judge

Judge’s Associate

Orderly

Defence

Prosecution / Plaintiff

Accused

Expert Witnesses

Character Witnesses

Jury

Public Gallery

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