Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal > 1. The Criminal Justice System > Flashcards

1. The Criminal Justice System Flashcards

1
Q

What is the court heirarchy

A 
Hight court
Supreme Court (appeal)
supreme court (trial)
county court
-koori court
magistrate's court
-children's court
-coroner's court
-koori court, sentencing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

fairness

A

fairness involves impartial treatment surounding processes and procedures for all people under the law without fear or favour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

fairness factors

A
  • equal opportunity to hear information
  • impartial judge/jury
  • appropriate sentence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

fairness words

A
  • unbiased
  • impartial
  • consistent
  • known
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

access

A

access involves the provision of a range of resources and institutions to settle disputes within the legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

access factors

A
  • dispute resolution bodies and methods
  • legal personnel
  • legal information
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

access words

A
  • locate
  • understand
  • opportunity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

equality

A

equality involves the provision of equal legal opportunitie and equal treatments for all citizens under the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

equality factors

A

no disadvantage because of characteristics or circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

legal system

A

a legal system is made up of a set of rules, procedures and bodies that make up and enorce laws
-they aim to achieve social cohesion and help everyone live together harmoniously

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

the australian constitution

A
  • came into effect jan 1 1901
  • commonwealth of australia constitution act 1900 (uk)
  • establishes the framework for our parliament and its law-making powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

constitutional monarchy

A

a constitutional monarchy is a system of government in which a monarch is the head of state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

statute law

A

law made by the parliaments

-debate and pass laws for the peace, order and good government of the community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

statute

A

a law passed by a state parliament or the commonwealth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

bill

A

a proposed law which is debated and passed by a majority of members in both houses of parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

common law

A

law made by judges through decisions made in cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

criminal law

A

an area or body that protects the community by establishing and defining what laws are

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

crime

A 
an act or omission that:
-breaks an existing law
-is harmful to an individual or society as a whole
-is punishable by law
crimes act 1958
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

the rule of law

A

the principle that everyone in society is bound in law and must obey the law, and that laws must be clera so that people want to obey them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

the rule of law upheld by

A
  • clear and accessibility of laws
  • courts and judges must be independent
  • the law being equally applied to everybody
  • presumption of innocence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

purposes of the criminal justice system

A
  • deciding whether an accused is guilty of an offence

- imposing a sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

reason for lack of unified criminal justice system

A

power to make laws about crime is left to the state, not federal parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

jago statement

A

the right to a fair trial is not limited to just the trial itself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

dietrich statement

A

a lack of fair legal representation when defending an indictable offence may result in an unfair trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

summary offences

A
  • minor criminal offences that are generally heard in the Magistrate’s court
  • summary offences act 1966 (vic)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

indictable offences

A

serious criminal offences heard by a judge in the county or supreme courts of victoria
-generally, crimes act 1958 (vic)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

indictable offences heard summarily

A

serious offences that can be heard and determined as a summary offence if the court and accused agree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

burden of proof

A

the responsibility of a party to prove a case

-in a criminal case, bop is on the prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

standard of proof

A

the extent to which a case must be proved in a court

-in a criminal case, sop is beyond a reasonable doubt

30
Q

the presumption of innocence

A
  • the right of a person accused of a crime to be presumed not guilty until proven otherwise
  • charter of human rights and responsibilities (section 25)
31
Q

how is the presumption of innocence maintained?

A
  • hight sop
  • imposing bop on the prosecution
  • bail
32
Q

bail

A

the release of an accused person from custody on the condition that they will attend a court hearing to answer the charges

33
Q

charter of human rights and responsibilities act

A

designed to ensure that any statue passed by the Victorian parliament is compatible with the human rights set out by the charter
-section 23 to 27 are rights available in criminal proceedings

34
Q

statutory rights for an accused

A
  • the right to be tried without unreasonable delay (section 21(5) hrc)
  • the right to a fair hearing (24 (1) hrc)
  • the right to a trial by jury (80 of aus constitution and statute law)
35
Q

the right to a fair hearing

A
  • competent, independent, impartial court must decide on proceedings or charge
  • hearing must be fair and public
36
Q

The victorian charter act 2006 (vic)

A

aims to recognise the impact of crime on victims, to recognise that victims should be offered a certain level of information during the court process and to reduce the likelihood of secondary victimisation

37
Q

the right to give evidence as a vulnerable witness

A

-generally children, people with cognitive impairements, and victims of sexual abuse and domestic violence

38
Q

vulnerable witness protections

A
  • witnesses may give evidence from a place other than the courtroom
  • screens may be used to remove the accused from the witness’ direct line of sight
  • a support person may be used
  • legal practitioners may be required to dress more casually or remain seated during questioning
39
Q

the right to be informed about proceedings

A

-the victim’s charter requires an investigatory agency to inform a victim, at reasonable intervals, about the progress of an investigation into a criminal offence

40
Q

the vla

A

the vla is a government agency that provides free legal advice to the community and low or no-cost legal representation to those who cannot afford it

41
Q

the vla’s most critical role

A

to provide legal aid to accused people

42
Q

vla key objectives

A
  • legal aid act 1978
  • provide legal iad in th emost effective, efficient and economic manner
  • manage its resources to make legal aid available at a reasonable cost to the community
43
Q

vla methods of assistance

A
  • free legal aid (available to everybody)
  • free legal advice (focused on people who need it the most)
  • free duty lawyer services (fact sheets = everybody, advice = people who pass the income test, representation = income test, vla priority and/or serious charge)
  • grants (pass the means tes)
44
Q

the income test

A
  • pass if they can produce a current Centrelink benefit card or prisoner concession card
  • for people who need legal advice from a duty lawyer on a particular day
45
Q

the means test

A
  • sets thresholds for an applicant’s income and assets as well as their expenses and legal costs
  • for people seeking grants of legal assistance during the trial process
46
Q

the merits test

A

a threshold test which must be satisfied in most Commonwealth law matters

47
Q

who does the vla prioritise

A

people who

  • are disabled
  • are homeless
  • cannot speak English
  • are Indigenous Australians
48
Q

common vla criticisms

A
  • not enough funding to meet demands

- a large part of the community is ineligible

49
Q

clcs

A

clcs are independent organisations that provide free legal services, including advice, information and representation to people who cannot access other legal services

50
Q

generalist clcs

A

provide broad legal services to people in a particular geographical area

51
Q

specialist clcs

A

focus on a particular group of people or area of law

52
Q

role of clcs

A
  • provide people with legal information, advice and minor assistance
  • also help victims of crime and their families
53
Q

clc types of assistance

A
  • basic legal information
  • initial legal advice
  • duty lawyer assistance
  • legal casework
54
Q

clc eligibility criteria (generally)

A
  • type of legal matter
  • whether other assistance is available
  • whether the person has a good chance of success
  • whether the accused can manage the case without assistance
55
Q

committal process purpose

A
  • criminal procedure act 2009
  • determine whether evidence is of sufficient weight to support a conviction by a jury at a trial
  • determine how the accused plans on pleading
56
Q

committal proceedings strengths

A
  • saves time and money
  • can assist the accused in deciding on a plea
  • supports presumption of innocence
  • prosecution can drop charges
57
Q

committal proceedings weaknesses

A
  • complicated process, especially without representation
  • can add to the delay
  • contribute stress and trauma for the accused/victims
58
Q

vlrc recommended reforms for committal proceedings

A
  • case management systems should be used between courts

- test for committal should be abolished

59
Q

committal proceedings strengths

A
  • upholds the presumption of innocence
  • save time and resources of higher courts
  • allows the accused to be informed of the prosecution’s case against them
60
Q

committal proceedings weaknesses

A
  • complicated
  • legal representatives can be expensive
  • add to delay of getting cases to trial
61
Q

plea negotiations

A

pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome

62
Q

outcomes of plea negotiations

A
  • the accused pleads guilty to fewer charges
  • the accused pleads guilty to a charge with agreements made about the facts of the case
  • the accused pleads guilty to a lesser charge
63
Q

plea negotiations strengths

A
  • save the cost of a trial or hearing
  • help with the prompt determination of criminal cases
  • accused may receive a reduced sentence
64
Q

plea negotiations weaknesses

A
  • community/victims may feel the negotiations don’t do justice
  • self-represented accused may feel pressured to take a deal
  • may lead to advantages/disadvantages if the case proceeds to trial
65
Q

sentence indications

A

statements made by a judge to an accused about the sentence they could face if they plead guilty to an offence

66
Q

new reforms to sentence indications

A
  • must take place before a trial commences
  • no prosecutor consent needed
  • can be given multiple times
67
Q

roles of the judge

A
  • managing the trial
  • deciding on the admissibility of evidence
  • attending to jury matters
  • giving directions to the jury
  • handing down a sentence
68
Q

roles of the jury

A
  • take part in deliberations
  • consider the elements of the crime
  • deliver a verdict
69
Q

purposes of sanctions

A
  • rehabilitation
  • punishment
  • deterrence
  • denunciation
  • protection
70
Q

the koori court 2020 expansion

A

f
-emphasises koori court importance
-sentence is still handed down by the judge
-not well enough established
a
-enables greater access to the koori court system
-does not address other issues such as access to information
e
-addresses the disadvantage faced by Indigenous australians
-sentencing only court, not available to everybody

71
Q

victim support dog program 2019 reform

A

f
-intended to help see witnesses and victims deliver their evidence in a calm way
-jurors do not see the dog and so do not get influenced by their presence
a
-enable greater access to vulnerable witnesses
-witnesses may be more prepared to give evidence
e
-measures taken to make sure there is no inequality suffered
-seeks to provide assistance to vulnerable witnesses who are more at risk of suffering secondary trauma

Legal (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions