Aos 1 Unit 3 Flashcards
what are the 2 types of law
criminal law and civil law
law making bodies
Parliament (statute law) & Court (common law)
what is the Criminal Justice System
a set of processes and institutions used to investigate and determine criminal cases
who is the accused
a person charged with a criminal offence
what are the three main courts in victoria
magistrates, county & supreme
what are the 2 parties in a criminal case
the state (prosecution) & the accused
what are the 3 principles of justice
fairness, equality & access
fairness
the parties in a legal case should have an opportunity to know the facts of the case and have the opportunity to present their side of events
equality
people should be equal before the law and have an equal opportunity to present their case as anyone else, without advantage or disadvantage
access
all people should be able to understand their legal rights and pursue their case
what are the 2 types of offences?
summary & indictable
summary offences
a minor offence generally heard in the magistrates court
indictable offence
a serious offence generally heard before a judge and a jury in the county court or supreme court
the burden of proof
rests with the prosecution to prove the facts of the case
the standard of proof
the prosecution must prove the case beyond reasonable doubt
the presumption of innocence
the right of a person accused of a crime to be presumed not guilty unless proven otherwise
what are the rights of an accused
the right to be tried without unreasonable delay, the right to a fair hearing & the right to a trial by jury
what is the purpose of the Human Rights Charter
to protect and promote human rights
what are the rights of a victim
give evidence as a vulnerable witness, be informed about the proceeding & be informed of the likely release date of the accused
what is the purpose of the Victims Charter
recognise the impact of crime on victims and provide guidelines for the provision of information to victims
victorian legal aid
a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer
types of legal aid
free legal information, free legal advice, free duty lawyer services, grants of legal assistance
community legal centre
an independent organisation that provides free legal services to people who are unable to pay for those services.
what are the 2 types of CLC’s
generalist & specialist
generalist CLC’s
provide broad legal services to people in a particular local geographical area
specialist CLC’s
focuses on a particular group of people or area of law
type of assistance from CLC’s
legal information, legal advice, duty lawyer assistance, legal casework
committal proceedings
the processes and hearings that take place in the magistrates court for indictable offences
committal hearing
hearing to decide if there is sufficient evidence to support a conviction or the offence charged
Director of public prosecutions (DPP)
the independent officer responsible for commency, preparing and conducting prosecutions of indictable offences on behalf of the crown
plea negotiations
pre-trial discussions between the prosecutor and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid
purpose of plea negotiations
to resolve a criminal case by ensuring a plea of guilt
to achieve a prompt resolution
sentence indications
a statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence
sentence indications for indictable offences
accused must apply for a sentence indication, prosecution must consent, indication as to whether immediate sentence of imprisonment is likely to be imposed
sentence indications for summary offences
can be given at any time by the MC, no need for prosecutions consent, indication as to whether sentence of imprisonment or sentence of another type is likely to be imposed
strengths of a sentence indication
early determination of the case, saves money and resources, the accused is not bound to accept
weaknesses of a sentence indication
the judge is not obliged to grant the accused’s request, there may be a lack of transparency, lessen the impact or need of a victim impact statement
jurisdiction of the magistrates court
original- all summary offences and indictable offences heard summarily, committal proceedings, bail applications and warrant applications.
appellate- none
jurisdiction of the county court
original- indictable offences except murder, attempted murder, certain conspiracies, corporate offences
appellate- from the MC on conviction or sentence
jurisdiction of the supreme court (trial division)
original- most serious indictable offences
appellate- from the MC on points of law, from the MC on conviction or sentence in limited circumstances
jurisdiction of the supreme court (court of appeal)
original- none
appellate- appeals from the CC or the SC
responsibilities of the judge
manage the trial
decide on admissibility of evidence
attend to jury matters
give directions to the jury and sum up the case
hand down a sentence
responsibilities of the jury
be objective
listen to and remember the evidence
understand directions and summing up
deliver a verdict
responsibilities of the parties
the prosecution
the accused
give an opening address
assist the judge in jury matters
present the party’s case
give a closing address
make submissions about sentencing
responsibilities of legal practitioners
be prepared
comply with their duty to the court
act in the best interest of their client
sanction
a penalty imposed by a court on a person guilty of a criminal offence
DRDPP
deterrence - specific & general
rehabilitation
denunciation
protection
punishment
fine
a sanction that requires the offender to pay an amount of money to the state
Community Corrections Order CCO
a sanction that requires a supervised sentence served in the community that includes special conditions
imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
aggravating factors
the use of violence or weapons
the nature and gravity of the offence
vulnerabilities of the victim
being motivated by prejudice or hatred against a group of people
the offence taking place in front of children
breach of trust
the offence occuring while the offender was on a CCO or on bail
victim impact statements
mitigating factors
the offender showed remorse
the offender had no previous convictions
the offender was acting under duress
the offender had shown efforts at rehabilitation
the offender was under personal strain
guilty pleas
cost factors
the cost of legal representation
the availability of legal aid
time factors
court delays
the use of plea negotiations
cultural factors
language barriers
direct questioning
body language
cultural taboos
lack of understanding of court procedures
recent reforms
expansion of the koori court
victim support dog program
changes to committal proceedings for some sexual offence matters
recommended reforms
continued expansion of the koori court
judge-alone trial
increased funding for legal aid, legal centres and other services
