3. Deýne the elements of a fair trial by matching each element to its corresponding description.
1. The prosecution must show its evidence in court. They must share this with the accused’s lawyers before the trial starts.
a. Preliminary
examination of evidence
2. The case for the accused will be presented by their lawyer.
b. Right to legal representation
3. Unless a good reason exists not to, the trial will be open to the public. 4. The judge cannot question witnesses or decide how each side argues.
c. A public hearing
d. Independent judge
5. The judge and jury learn about the case during the trial.
e. Judge and jury have no prior knowledge of the case
6. Due process means the judge follows the rules.
f. Strict rules of evidence and procedure
4. Explain the role of a juror and a witness in a fair trial. 5. Identify a situation in which a judge might be permitted to ask a witness questions during a trial.
ANALYSE AND APPLY 6. Any citizen who is on the electoral role can be randomly selected to sit on a jury. True or False? 7. Create your own diagram showing the steps involved in a trial with a jury. Use an appropriate illustration for each step to show that you understand it. EVALUATE AND COMMUNICATE 8. Select two elements that contribute to a fair trial. Explain how each element might contribute to a fair trial. 9. Examine FIGURE4 . Explain the possible impact on procedural fairness and the concept of a ‘fair trial’ if one of the procedures were removed. 10. Identify what you consider to be the most important element contributing to a fair trial. Justify your response. 11. a. Explain how accusations of judicial bias, such as those raised by Mr Rasmussen, challenge the principle of due process. b. Analyse Justice Bromwich’s decision in the case study to remain on the case despite claims of bias. Explain what this decision indicates about the judicial process and fair trials. Answers and sample responses for this topic are available online.
500 Jacaranda Humanities Alive 7 Victorian Curriculum Third Edition
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