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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
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2
Q

fairness

A

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

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3
Q

fairness factors

A
  • equal opportunity to hear information
  • impartial judge/jury
  • appropriate sentence
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4
Q

fairness words

A
  • unbiased
  • impartial
  • consistent
  • known
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5
Q

access

A

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

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6
Q

access factors

A
  • dispute resolution bodies and methods
  • legal personnel
  • legal information
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7
Q

access words

A
  • locate
  • understand
  • opportunity
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8
Q

equality

A

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

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9
Q

equality factors

A

no disadvantage because of characteristics or circumstances

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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

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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
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12
Q

constitutional monarchy

A

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

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13
Q

statute law

A

law made by the parliaments

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

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14
Q

statute

A

a law passed by a state parliament or the commonwealth

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15
Q

bill

A

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

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16
Q

common law

A

law made by judges through decisions made in cases

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17
Q

criminal law

A

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

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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
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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

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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
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21
Q

purposes of the criminal justice system

A
  • deciding whether an accused is guilty of an offence

- imposing a sanction

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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

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23
Q

jago statement

A

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

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24
Q

dietrich statement

A

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

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25
Q

summary offences

A
  • minor criminal offences that are generally heard in the Magistrate’s court
  • summary offences act 1966 (vic)
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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)

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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

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28
Q

burden of proof

A

the responsibility of a party to prove a case

-in a criminal case, bop is on the prosecution

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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)

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