the theorem of the mentior

Describe the role of courts in the criminal justice process.
The courts serve as the venue where disputes are then settled and justice is administered. In Australian courts the adversarial system of trial is used to determine guilt, this is two sides, one representing the accused the other the state, debate over the guilt of the accused; this is mediated by a neutral third party, the judge or magistrate. Guilt is determined by the judge, magistrate or a jury. Punishment for the accused if found guilty is determined by the judge or magistrate.
Discuss the use of the adversary system as a means of achieving justice.
The adversarial system is a system where two parties, one representing the accused the other the state or the plaintiff, argue the over the guilt of the accused whilst being mediated buy a neutral third party, a judge or magistrate, in many cases a jury is required to determine guilt, in minor matters guilt is determined by a magistrate, or in the high court a panel of judges determines guilt. Some of the merits of this system is as follows, the adversarial system promotes vigorous examination and debate of all evidence and testimonies presented before the court this is an almost guaranteed way of discovering the truth of evidence.
Examine the role of legal representation in the criminal trial
They must also act in accordance with their client’s instructions and maintain client confidentiality. The defense lawyer’s role is to present evidence and argument to the court in support of the defense case both at first instance and on appeal. Usually solicitors appear primarily in Local Court proceedings, although barristers can and do as well. Barristers, as specialist advocates, appear for the defense in more complex and serious criminal matters in the District Court, Supreme Court, Court of Criminal Appeal and High Court.
Assess the use of defenses to criminal charges in achieving justice.
The use of defenses as a means of achieving justice is a good way to uphold justice for the accused if the accused committed the offence as a means of self-defense, or was under duress to do so or if the accused was mentally unable to discern that whatever he/she was doing at the time was morally or legally wrong. Though these defenses often do not excuse the committing of the crime fully they can still either downgrade the charge or achieve a significant reduction in penalty, defenses are a way to achieve justice for the accused.
Discuss factors that affect sentencing decisions, including the purposes of punishment and the role of the victim.
The factors affecting sentencing decisions include the victim’s impact statement. A Victim Impact Statement is used by the court before an offender is sentenced to help the judge or magistrate understand the impact of a crime on the victim. The variety of purposes for punishment can demand very different sentencing decisions for example if the objective of sentencing is rehabilitation, the punishment will be less severe than that for retribution or incapacitation.
Evaluate the effectiveness of different types of penalties, including diversionary programs.