Unit 3 Introduction | Headstart for VCE Legal Studies

Summary

In this informative session, Nikita Batch, Education and Events Coordinator at Victoria Law Foundation, engages with David Thomson, Teacher-in-Residence, to discuss key aspects of VCE Legal Studies. They explore the rights of crime victims in Victoria, including protections under the Victim's Charter, such as access to information and the ability to give victim impact statements. They also discuss plea negotiations, the role of court personnel, and study tips for students. David emphasizes the importance of using the study design, making contemporaneous notes, and understanding key legal concepts, including case notes and constitutional law.

Takeaways

• 😀 Victims of crime in Victoria are protected by the Victim's Charter, ensuring they are treated with respect, dignity, and receive necessary information about their case.
• 😀 The Victim's Charter includes rights such as receiving information about bail hearings, knowing about court procedures, and being allowed to make a victim impact statement.
• 😀 Victims can give evidence remotely in court to avoid secondary trauma, with the court's permission, to prevent confrontation with the accused.
• 😀 New court buildings are designed to prevent victims and accused individuals from coming into contact in shared spaces, minimizing potential discomfort.
• 😀 Plea negotiations in criminal cases allow for a quicker resolution by encouraging guilty pleas in exchange for reduced charges, even though this practice is not defined by law.
• 😀 Approximately 90% of criminal cases in Victoria are resolved through plea negotiations, contributing to a smoother functioning legal system.
• 😀 The key roles in a criminal trial include the judge, who ensures fairness and equality in proceedings, and barristers, who represent the prosecution or defense.
• 😀 A judge is responsible for maintaining the principles of justice in court, ensuring both parties have a fair chance to present their cases according to legal standards.
• 😀 The judge's associate is responsible for managing court exhibits, assisting witnesses with oaths, and taking care of the jury throughout the trial process.
• 😀 Students should make timely notes while studying, refer to the study design to ensure proper preparation for exams, and ask questions if they don't understand something in class.

Q & A

What rights do victims of crime have under the Victim's Charter in Victoria?

Victims of crime in Victoria are entitled to be treated with courtesy, respect, and dignity. They have the right to receive information and referrals quickly, be informed about bail decisions regarding the accused, and learn about court processes and procedures. Victims can also make a victim impact statement, have their privacy protected, and access financial assistance where appropriate.

How does the court help prevent secondary trauma for victims of crime?

To prevent secondary trauma, courts may allow victims to give evidence from a remote location, such as via video link, with the permission of the court. Additionally, newer court buildings are designed to avoid bringing victims and accused persons into contact in waiting areas or other parts of the court.

What is a plea negotiation, and how does it benefit the court system?

A plea negotiation is an informal agreement between the prosecution and the defense to encourage the defendant to plead guilty to some charges. It often results in fewer charges being pursued, allowing the case to be resolved more quickly. This system benefits the court by speeding up proceedings and reducing the burden on the judicial system. Around 90% of guilty pleas in Victoria are reached through plea negotiations.

What are the roles of key personnel in a criminal trial?

Key personnel in a criminal trial include the judge, who presides over the proceedings to ensure fairness, equality, and justice; barristers, who argue the case on behalf of the parties; the judge’s associate, who assists with administrative duties and manages exhibits and the jury; and clerks or registrars, who handle administrative tasks in the court.

What is the role of the judge in a courtroom?

The judge's role is to preside over the trial and ensure that the proceedings are conducted fairly and in accordance with the principles of justice. This includes making sure both parties have the opportunity to present their case and ensuring that the rules of evidence are followed.

How does a barrister contribute to a criminal trial?

A barrister is responsible for presenting the case in court on behalf of their client. They argue the case before the judge, often having been briefed by a solicitor, and wear distinctive legal attire such as a black gown and white tabs.

What is the role of the judge's associate in a trial?

The judge’s associate assists with various duties, such as administering oaths, managing exhibits, and coordinating with the jury. The associate is also responsible for ensuring the jury is properly empaneled and guiding them during deliberations.

What study tips does David recommend for Legal Studies students?

David recommends getting a copy of the study design, making notes as you study, asking questions when you don’t understand something, obtaining a copy of the Australian Constitution, and using a technique called F.I.D.S (Facts, Issues, Decision, Significance) to make case notes. This will help students retain relevant information and be well-prepared for exams.

Why is it important to get a copy of the study design for Legal Studies?

The study design outlines the content that will be examined, so it's important to know exactly what topics are included. By focusing on the study design, students can ensure they are prepared for all possible exam questions.

What is the F.I.D.S method for making case notes?

The F.I.D.S method is a technique for making case notes in Legal Studies. It involves writing down the Facts (who did what to whom), the Issues (what the court has to resolve), the Decision (who won), and the Significance (how the case affects the law or other aspects of the course). This method helps students organize their notes and connect cases to different parts of the curriculum.