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Question

Difficulty: MediumThe Role of Courts and Judges

In the Australian justice system, once a person has been found guilty of a crime, what is the specific role of the judge or magistrate?

  1. To decide on the penalty or sentence for the person based on the lawAnswer
  2. B
    To work with the police to investigate further evidence for the next case
  3. C
    To ask the government for permission before announcing the punishment

Answer

The correct answer is that the judge or magistrate decides on the penalty or sentence for the person who broke the law.
In Australia, the role of a judge or magistrate is to interpret the law and, when someone is found guilty, decide on the appropriate penalty or sentence. They do this independently, without interference from the government or the police.

Step-by-Step Solution

1
Identify the stage of the legal process mentioned in the question.
The person has already been 'found guilty' of a crime.
The role of the court changes from determining guilt to determining consequences once a verdict is reached.
2
Recall the powers of a judge or magistrate in the Australian system.
Judges apply the law to the facts of the case to determine an appropriate punishment.
This is a core function of the judicial branch of government.
3
Differentiate between the roles of the police, government, and courts.
The police investigate, the government makes laws, and the courts interpret laws and set penalties independently.
Separation of powers ensures that the person sentencing an individual is not the same person who investigated them or the person who wrote the law.

Key Concept

The judiciary is responsible for sentencing and penalties independently of the police and the government.

Hints

1
Think about who is responsible for catching criminals versus who is responsible for deciding their punishment in a courtroom.

Practice More

Review the 'Separation of Powers' to understand why judges must be independent from the Parliament and the Executive.
Estimated Time:45s
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Topics

The Role of Courts and Judges

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