13.4.4 A criminal trial At the beginning of a criminal trial in a higher court, the accused is asked, ‘How do you plead?’ A jury of 12 may decide if someone is guilty or not guilty. They must listen carefully to evidence. If not guilty, the accused person goes free; if guilty, the judge decides the sentence.
FIGURE6 Inside a serious criminal trial
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The judge’s associate is a trained lawyer who manages much of the paperwork.
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People on the electoral roll can be called to be jurors. In a criminal case, a jury has 12 members. They decide if someone is guilty beyond reasonable doubt, and all must agree in murder or manslaughter cases.
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The prosecutor must show the jury that the accused is guilty by asking questions of witnesses.
The judge is called ‘Your Honour’. They listen to both sides and help the jury understand the case. If the jury finds someone guilty, the judge decides the sentence. The defence counsel represents the accused. If they plead guilty, the lawyer make arguments to try to reduce the punishment. If they plead not guilty, the lawyer must show they are innocent.
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The tipstaff helps the judge keep order in the court.
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Witness box, from which people give evidence
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Public watching court cases
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A prison officer from the prison where the accused has been held
The accused
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Media reporting on court cases
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490 Jacaranda Humanities Alive 7 Victorian Curriculum Third Edition
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