Accused
Who is the accused?
The accused is the person who has been charged with committing a crime.
Who initiates a criminal case?
The prosecution initiates a criminal case on behalf of the state.
What right does the accused have during the trial?
The accused has the right to silence and does not have to present evidence or say anything during the trial.
What is the burden of proof and who carries it?
The burden of proof is the responsibility to prove the accused is guilty. It is carried by the prosecution.
Explain how disclosure of evidence improves fairness in a criminal trial.
Disclosure ensures the accused knows the evidence against them before the trial. This prevents trial by ambush and allows both sides to prepare properly, improving fairness.
Explain one weakness of party control in relation to the accused.
Because the accused has the right to silence, important information may not be revealed. This can make it harder for the truth to come out and may feel unfair to victims.
What standard of proof must the prosecution meet?
The prosecution must prove the accused is guilty beyond reasonable doubt.
Evaluate whether the roles of the parties help achieve fairness in a criminal trial.
The roles promote fairness because the prosecution must prove guilt beyond reasonable doubt and disclose evidence, while the accused can challenge evidence and remain silent. However, weaknesses such as complex procedures and delays in disclosure may reduce fairness. Overall, the system supports fairness but has limitations.
Describe two responsibilities of the prosecution in a criminal trial.
The prosecution must disclose relevant information to the accused and present evidence to prove guilt beyond reasonable doubt. They must also act with integrity and not deny exculpatory evidence.