Key Principles & Rights of An Accused Quiz

In a criminal case, what standard of proof must the prosecution meet to convince the judge or jury of the accused's guilt?

• Preponderance of the evidence

• Clear and convincing evidence

• On the balance of probabilities

• Beyond reasonable doubt

What is the burden of proof in a civil case?

• Beyond reasonable doubt

• On the balance of probabilities

• Clear and convincing evidence

• Preponderance of the evidence

What is the presumption of innocence?

• The accused is presumed guilty until proven innocent

• The accused is presumed innocent until proven guilty

• The accused is presumed guilty if there is strong evidence

• The accused is presumed innocent only in civil cases

What is the right to silence in criminal matters?

• The accused can only remain silent if they have a lawyer present

• The accused must answer all questions by the police

• The accused cannot remain silent during trial

• The accused has the right to remain silent before and during trial

What legislative protection ensures that the accused's silence cannot be construed as a sign of guilt?

• Section 41 of the Jury Directions Act 2015 (Vic.)

• Section 89 of the Evidence Act 2008 (Vic.)

• Section 80 of the Australian Constitution

• Section 25 of the Victorian Charter of Human rights and Responsibilities Act 2006 (Vic)

What is the right to trial by jury for a person charged with an indictable offence?

• The accused has no right to trial by jury

• The accused can only be tried by a jury if they request it

• The accused can choose to be tried by a judge instead of a jury

• The accused is entitled to be tried by a jury of their peers

What protects the right to trial by jury for all Commonwealth indictable offences?

• Section 80 of the Australian Constitution

• Section 89 of the Evidence Act 2008 (Vic.)

• Part 5.7 of the Criminal Procedure Act 2009 (Vic.)

• Section 25 of the Victorian Charter of Human rights and Responsibilities Act 2006 (Vic)

What is the right to be tried without unreasonable delay?

• The accused has no right to a timely trial

• The accused can delay the trial by not cooperating with the court

• The accused can request a delay in their trial

• The accused is entitled to have charges heard in a timely manner