ao1 unit 3 Flashcards
Fairness
Impartial and just treatment without favoritism or discrimination.
Equality
The state of being equal, especially in status, rights and opportunity.
Access
all people should be able to understand their legal rights and pursue their case
Social justice
Human rights, equality and fairness.
Procedural justice
Fairness in process and access to dispute resolutions.
Summary offences
Minor offences including common assault, Summary Offences Act 1966
Indictable offences
Major offences including murder, Crimes Act 1958
Burden of proof
Rests on the prosecution to bring proof.
Standard of proof
The level the prosecution has to prove (beyond reasonable doubt)
Presumption of innocence
Guilty until proven otherwise
What is Victorian legal aid (VLA)?
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.
What is a Community Legal Centre (CLC)?
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
What is a general CLC?
a general clc is one of the types of clc that provides a range of of legal services to a particular area of Victoria
What is a specialist CLC?
same as a general clc but they focus on a particular group of people or law such as young people or domestic violence
What is a committal hearing?
when the magistrate decides of whether there is enough evidence to lay charges on the accused
What is committal proceedings?
the processes and hearings that occur in a magistrates court for indictable offences
What is a plea negotiation?
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”
What is a sentence indication?
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.
What are the reasons for a court hierarchy?
Is to allow specialization and appeals
What is a jury?
A jury is comprised of 12 people and deliver an verdict and must be unbiased whilst listening to a case.
What is a judge?
a judge plays an umpire like role and make sure that the court procedures are in accordance to the rules of the court.
What is a legal practitioner?
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.
What do the parties do in a case?
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.
What is a sanction?
a sanction is a form of penalty, whether it be a fine or imprisonment, imposed by the court onto the accused.
What is a fine?
A sum of money that the offender needs to pay to the state
What is a CCO?
A supervise sentence that is served in the community that also has special conditions
What is imprisonment?
it removes the offender from the offender from society for a period of time by placing them in a prison
what is rehabilitation?
to reeducate an offender from preventing them of committing offences in the future
what is punishment?
a sanction that penalises a offender to show society and victims that criminal behaviour will not be tolerated
what is the difference between general and specific deterrence?
general is to deter society from committing a similar offence whereas a specific one is where they deter the offender from such a crime
what is denunciation?
to demonstrate the states and community disapproval against an offender’s behaviour
what is protection?
to protect society from an offender by preventing the offender of doing a further offence by prisoning the offender
what is an aggravating factor?
where the factor makes the crime worse such as being a repeat offender or targeting a vulnerable victim like a child or the elderly
what is an mitigating factor?
factors that lessens the sentence such as having remorse and having a minor role in the crime
What is a recent reform
a change that happened in the last 4 years.
What is a recommended reform?
A recommended change in the system
