AOS 1 Flashcards
Sanctions
Criminal Law
An area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them.
Prosecution
The lawyers prepare a criminal case and take it to court on behalf of the state, the victim and society.
Director of Public Prosecutions (DPP)
The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the Crown.
Office of Public Prosecutions (OPP)
The Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions
Indictable Offence
A serious offence is generally heard before a judge and a jury in the County Court or Supreme Court of Victoria.
Summary Offence
A minor offence is generally heard in the Magistrate’s Court of Victoria.
Accused
A person charged with a criminal offence.
Sanction
A penalty imposed by a court on a person guilty of a criminal offence.
Fairness (Sanctions)
Ensuring equitable legal processes are in place, and all parties receive an unbiased hearing.
Equality (Sanctions)
Ensuring all people are treated the same before the law, with an equivalent opportunity to present their case.
Access (Sanctions)
Ensuring individuals in society have an ‘understanding of legal rights and ability to pursue their case’.
Bail
The release of an accused person from custody on the condition that they will attend the court hearing to answer the charges.
Rule of Law
The principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and are able to obey them.
Delegated Body
An authority or agency given power by parliament to make and/or enforce laws.
Act of Parliament
A law made by parliament.
By-laws
Local laws or regulations made by local councils that apply to residents in local areas.
Appeal
An application to have a higher court review a ruling made by a lower court.
Doctrine of Precedent
The common law principle by which the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar.
Jurisdiction
The lawful authority of a court, tribunal or other dispute resolution body to decide legal cases.
Committal Hearing
A hearing is held as part of the committal proceeding. At a committal hearing, a magistrate decides whether there is sufficient evidence to support a conviction for the offence charged.
Case Management
- A method used by courts and tribunals to control the progress f legal cases effectively and efficiently.
- Case management generally involves the person presiding over the case making orders and directions in the proceeding.
Orders
The way in which the instructions, decisions or directions of a court or tribunal are described. They can be given during the course of a proceeding or at the end of a proceeding.
Directions
Instructions given by the court to the parties about time limits and the way a civil proceeding is the be conducted.
Jury
An independent group of people chosen at random to decide on the evidence on a legal case and reach a decision.
Original Jurisdiction
The power of a court to hear a case for the first time.
Appellate Jurisdiction
The power of a court to hear a case on appeal.
Trial by Jury
A type of trial by peers in which an impartial group of randomly selected people hears evidence and hands down a verdict.
Jury directions
Instructions given by a judge to a jury either during or at the end of a trial.
Beyond Reasonable Doubt
The standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.
Unanimous Verdict
A jury vote or decision is where all the jury members are in agreement and decide the same way. In a criminal case, this means all 12 jurors are in agreement.
Majority Verdict
A jury vote or decision where all but one of the jury members agree with the decision. In a criminal case, this means 11 of the 12 jurors are in agreement.
Sanction
A penalty imposed by a court on a person guilty of a criminal offence.
Punishment
One purpose of a sanction, designed to penalise the offender and show society and the victim that criminal behaviour will not be tolerated.
General Deterrence
One purpose of a sanction, designed to discourage others in the community from committing several offences.
Specific Deterrence
One purpose of a sanction, designed to discourage the offender from committing several defences.
Denunciation
One purpose of a sanction, designed to demonstrate the community’s disapproval of the offender’s action.
Protection
One purpose of a sanction, designed to safeguard the community from an offender by preventing them from committing a further offence.
Rehabilitation
One purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future.
Fine
A sanction that requires the offender to pay an amount of money to the state.
Community Correction Order (CCO)
A non-custodial sanction that the offender serves in the community, with conditions attached to the order.
Imprisonment
A sanction that involves removing the offender from society for a stated period of time and placing them in prison.
Parole
The supervised and conditional release of a prisoner after the minimum period of imprisonment has been served.
Recidivism
Reoffending; returning to crime after already having been convicted and sentenced.
Aggravating Factors
Facts or circumstances about an offender or an offence that can lead to a more severe sentence.
Mitigating Factors
Facts or circumstances about the offender or the offence that can lead to a less severe sentence.
Drug Court
A specialist court that sentences offenders to a drug treatment order where drugs or alcohol contributed to the commission of the offence
Koori Court
A division of the Magistrates’ Court, Children’s Court and County Court that (in certain circumstances) cooperates as a sentencing court for Indigenous people
Therapeutic Justice
A method used in the criminal justice system to deal with offenders in a way that addresses the underlying causes of crime and seeks to provide offenders with support to avoid further reoffending
