criminal or sentencing? (1 Viewer)

[aLeeOh!]

whats the difference between the "criminal process" and the "sentencing process"?

example..

"assess how the criminal process from arrest to the conclusion of the trial proceedings provides fairness for the accused persons such as..."

i did horribly horrible in a practise exam with this. she kept saying "thisis not a sentencing process...."

so what are we supposed to focus on?

just to clear my mind....

 

[MouNtY]

isn't the criminal process when they're getting arrested like the role of police and stuff, and then the sentencing process is the one, where they do the hearing (prima facie case thing), role of the prosecutor and the role of the victim and stuff

i dunno...that's what i always thought it was

 

[b0uNcE]

whats prima facie?!?

 

[Teoh]

Assessing whether there's basis for a case or not
'On the face of it' or something...

 

[Bone577]

whats prima facie?!?

I think it is when it goes to a higher court.

 

[wallid]

prima facie is 'on the face of it' - enough evidence to possible convict

when magistrate determines if the case is gonna go to a higher court

 

[MouNtY]

prima facie - litterally "at first sight". A prima facie case is the case where they try to find if there's enough evidence to convict the accused

 

[Tim_Shady]

prima facia is what the DPP tries to prove at the committal hearing, which is held in the local court in front of a magistrate. this is where it can be shown that there is enough evidence to obtain a conviction. thats for indictable offences; for summary offences i think that everyone just rocks up to the local court and play it as it goes, and if there is evidence then great.. if not, well i guess no conviction!

if you are ever unsure about anything in regards to the legal system, watch Law & Order... its not on free-to-air tonight, but i think (for some reason) its on the women's channel on Foxtel... its great - shows prima facia... instead of a committal hearing, they have a "Grand Jury"... same shit, different smell

 

[becany]

whats the difference between the "criminal process" and the "sentencing process"?

example..

"assess how the criminal process from arrest to the conclusion of the trial proceedings provides fairness for the accused persons such as..."

i did horribly horrible in a practise exam with this. she kept saying "thisis not a sentencing process...."

so what are we supposed to focus on?

just to clear my mind....

criminal process is investigation, gathering of evidence and the actual trial
the sentencing process when everything is done - guilty or not guilty. its when the judge considers circumstances of offender, circumstances of the crime, mitigating and aggravating circumstances etc...hope that helps

 

[aLeeOh!]

haha.. yeh.. i think yours and doony's were the only ones that actually stuck to the question. lol.


but.. its still abit confusing. my teacher reackons it'll be one of sentencing because we havent had one yet.

so, basically... if i were to answer a question on the criminal process, what would i look at?
sentencing's fine, but im still stumped on criminal process

 

[Teoh]

Investigation, gathering of evidence, police powers of search/seizure...
The trial, prosecution/defence, umm evidence, witnesses

 

[aLeeOh!]

so criminal process is more like commenting on what happened in the scenario (whether it was fair or not)


and sentencing is more to do with what punishment may be dealt out and how they came to the conclusion?

 

[Aniss]

whats the difference between the "criminal process" and the "sentencing process"?

example..

"assess how the criminal process from arrest to the conclusion of the trial proceedings provides fairness for the accused persons such as..."

i did horribly horrible in a practise exam with this. she kept saying "thisis not a sentencing process...."

so what are we supposed to focus on?

just to clear my mind....

You will have to expand on wach of the following points ...

The criminal process includes:
- reporting the crime ... reasons for/against reporting
- police discretion
- investigation, arrest and charge ... rights of suspects and so one
- bail / remand
- plea bargaining
- hearing (evidence, court proceedure incl. role of judges/jury)
- appeals

up to the final sentencing

 

[hiphophorray123]

the process they were tralking about was:

1. enforcement
2. abjudication
3. sentencing

 

[mcjaffa]

guys, i mean i know i can't do anything about it now, but isn't the sentencing process within the criminal process? i see no reason why they should be considered apart

 

[wrong_turn]

guys, i mean i know i can't do anything about it now, but isn't the sentencing process within the criminal process? i see no reason why they should be considered apart

they are two different proceedings because:

1) the criminal proceedings is the presentation of the facts of the case in front of the magistrate, showing all evidence that is to be used.

2) the sentencing proceedings are different because the judge is involved in suggesting the appropriate sentence that is to be given to the offender, taking into consideration certain aspects of the crime and the offender. the degree of the crime may be severe enough to increase the term of imprisonment, but also the period without parole. or whether or not it is a first offence.

and hey, you took a leaf outa my book?! your username?!

edit: or vice versa. i had it as my msn name already