ATS1282 Lecture Notes - Lecture 5: Miscarriage Of Justice, Miscarriage, Homicide
26 Oct 2018
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Week 5 courts: trials, evidence and determining guilty. Determining guilt: evidence, miscarriages of justice and wrongful. If plead guilty > appear before lower court, maximum they can sentence is 3 years. For more serious offences, appear before intermediate/higher courts, the judge determines maximum sentence. The majority plead guilty which often come as a result of plea bargaining. If plead not guilty > have a trial in higher/intermediate court, very formal. For less serious offences, appear before a lower court (e. g. magistrates) which is less formal. Ewt the largest cause of wrongful convictions > can be due to adrenaline, later information can confuse, pressure into confirming a suspect. Earwitness testimony often neglected by the police, discriminate against blind people. Confessions easy to fabricate, police can fabricate or can be obtained improperly (coerced) Expert evidence expert called in e. g. psychologist/doctor. Forensic evidence obtained by scientific methods e. g. fingerprints, dna, ballistics, blood spatter analysis, saliva, trace chemicals, dental history.
