3.1 Introduction to the Criminal Justice System

Question 1

Criminal Justice System

Answer 1

a set of processes and institutions used to investigate and determine criminal cases

Question 2

Accused

Answer 2

a person charged with a criminal offence

Question 3

Sanction

Answer 3

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence)

Question 4

Imprisonment

Answer 4

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Question 5

Offender

Answer 5

a person who has been found guilty of a criminal offence by a court

Question 6

Australian Constitution

Answer 6

a set of rules and principles that guide the way Australia is governed. The Australian Constitution is set out in Commonwealth of Australia Constitution Act

Question 7

Commonwealth Offences

Answer 7

crimes that break a law passed by the Commonwealth Parliament

Question 8

Statute

Answer 8

a law made by parliament; a bill that has passed through parliament and has received royal assent (also known as legislation or an Act of Parliament)

Question 9

Prosecution

Answer 9

the party that institutes criminal proceedings against an accused on behalf of the state. The prosecution team includes the prosecutor.

Question 10

Prosecutor

Answer 10

the representative of the prosecution who is responsible for conducting the criminal case and appearing in court

Question 11

Office of Public Prosecutions

Answer 11

(OPP): the Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions.

Question 12

Director of Public Prosecutions

Answer 12

(DPP): the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the State of Victoria

Question 13

Jury

Answer 13

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict).

Question 14

What are the purposes of the criminal justice system

Answer 14

• Determine whether the accused is guilty
• Impose a sanction if/when the accused is found/pleads guilty

Question 15

What are the 3 Stages of the Criminal Case

Answer 15

Investigation Stage –> Determination Stage –> Corrections Stage

S1 - investigate offence. S2 - courts decide guilty and sanctions. S3 - oversees imposed sanctions

Question 16

What are the two parties in a criminal case?

Answer 16

Prosecution & Defence