ao1 unit 3

Question 1

Fairness

Answer 1

Impartial and just treatment without favoritism or discrimination.

Question 2

Equality

Answer 2

The state of being equal, especially in status, rights and opportunity.

Question 3

Access

Answer 3

all people should be able to understand their legal rights and pursue their case

Question 4

Social justice

Answer 4

Human rights, equality and fairness.

Question 5

Procedural justice

Answer 5

Fairness in process and access to dispute resolutions.

Question 6

Summary offences

Answer 6

Minor offences including common assault, Summary Offences Act 1966

Question 7

Indictable offences

Answer 7

Major offences including murder, Crimes Act 1958

Question 8

Burden of proof

Answer 8

Rests on the prosecution to bring proof.

Question 9

Standard of proof

Answer 9

The level the prosecution has to prove (beyond reasonable doubt)

Question 10

Presumption of innocence

Answer 10

Guilty until proven otherwise

Question 11

What is Victorian legal aid (VLA)?

Answer 11

VLA is a government agency that provides free legal advice for all of the community and low costing lawyers for people who cannot afford one.

Question 12

What is a Community Legal Centre (CLC)?

Answer 12

A CLC is an independent organisation that provides free legal services to people who cannot pay for those services, it is rare they get involved with a criminal case, there is a general and a specialist CLC

Question 13

What is a general CLC?

Answer 13

a general clc is one of the types of clc that provides a range of of legal services to a particular area of Victoria

Question 14

What is a specialist CLC?

Answer 14

same as a general clc but they focus on a particular group of people or law such as young people or domestic violence

Question 15

What is a committal hearing?

Answer 15

when the magistrate decides of whether there is enough evidence to lay charges on the accused

Question 16

What is committal proceedings?

Answer 16

the processes and hearings that occur in a magistrates court for indictable offences

Question 17

What is a plea negotiation?

Answer 17

a discussion that happens prior to the trial with the prosecution and accused to resolve the case by agreeing to some of the criminal charges being laid. this is to reduce the time and cost and as well save the victim/s from reliving trauma. a strength is that the accused may have a lesser sentence but a weakness is that it may seem the accused is being “let off”

Question 18

What is a sentence indication?

Answer 18

a statement made from the judge to the accused of the possible sentence faced if pleading guilty. the purpose of this is to save further cost, resources and stress being used. a strength is saves money and resources but a weakness is that it needs consent from the prosecution.

Question 19

What are the reasons for a court hierarchy?

Answer 19

Is to allow specialization and appeals

Question 20

What is a jury?

Answer 20

A jury is comprised of 12 people and deliver an verdict and must be unbiased whilst listening to a case.

Question 21

What is a judge?

Answer 21

a judge plays an umpire like role and make sure that the court procedures are in accordance to the rules of the court.

Question 22

What is a legal practitioner?

Answer 22

a lawyer is to defend and present the case in the best light for their client. They must be prepared as well remind the accused of their rights.

Question 23

What do the parties do in a case?

Answer 23

Both parties present their case, give an opening address as well give a closing address. the prosecution must research the law and not act biased.

Question 24

What is a sanction?

Answer 24

a sanction is a form of penalty, whether it be a fine or imprisonment, imposed by the court onto the accused.

Question 25

What is a fine?

Answer 25

A sum of money that the offender needs to pay to the state

Question 26

What is a CCO?

Answer 26

A supervise sentence that is served in the community that also has special conditions

Question 27

What is imprisonment?

Answer 27

it removes the offender from the offender from society for a period of time by placing them in a prison

Question 28

what is rehabilitation?

Answer 28

to reeducate an offender from preventing them of committing offences in the future

Question 29

what is punishment?

Answer 29

a sanction that penalises a offender to show society and victims that criminal behaviour will not be tolerated

Question 30

what is the difference between general and specific deterrence?

Answer 30

general is to deter society from committing a similar offence whereas a specific one is where they deter the offender from such a crime

Question 31

what is denunciation?

Answer 31

to demonstrate the states and community disapproval against an offender’s behaviour

Question 32

what is protection?

Answer 32

to protect society from an offender by preventing the offender of doing a further offence by prisoning the offender

Question 33

what is an aggravating factor?

Answer 33

where the factor makes the crime worse such as being a repeat offender or targeting a vulnerable victim like a child or the elderly

Question 34

what is an mitigating factor?

Answer 34

factors that lessens the sentence such as having remorse and having a minor role in the crime

Question 35

What is a recent reform

Answer 35

a change that happened in the last 4 years.

Question 36

What is a recommended reform?

Answer 36

A recommended change in the system