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legal studies > Aos 1 Unit 3 > Flashcards

Aos 1 Unit 3 Flashcards

1
Q

what are the 2 types of law

A

criminal law and civil law

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2
Q

law making bodies

A

Parliament (statute law) & Court (common law)

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3
Q

what is the Criminal Justice System

A

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

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4
Q

who is the accused

A

a person charged with a criminal offence

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5
Q

what are the three main courts in victoria

A

magistrates, county & supreme

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6
Q

what are the 2 parties in a criminal case

A

the state (prosecution) & the accused

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7
Q

what are the 3 principles of justice

A

fairness, equality & access

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8
Q

fairness

A

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

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9
Q

equality

A

people should be equal before the law and have an equal opportunity to present their case as anyone else, without advantage or disadvantage

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10
Q

access

A

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

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11
Q

what are the 2 types of offences?

A

summary & indictable

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12
Q

summary offences

A

a minor offence generally heard in the magistrates court

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13
Q

indictable offence

A

a serious offence generally heard before a judge and a jury in the county court or supreme court

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14
Q

the burden of proof

A

rests with the prosecution to prove the facts of the case

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15
Q

the standard of proof

A

the prosecution must prove the case beyond reasonable doubt

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16
Q

the presumption of innocence

A

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

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17
Q

what are the rights of an accused

A

the right to be tried without unreasonable delay, the right to a fair hearing & the right to a trial by jury

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18
Q

what is the purpose of the Human Rights Charter

A

to protect and promote human rights

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19
Q

what are the rights of a victim

A

give evidence as a vulnerable witness, be informed about the proceeding & be informed of the likely release date of the accused

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20
Q

what is the purpose of the Victims Charter

A

recognise the impact of crime on victims and provide guidelines for the provision of information to victims

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21
Q

victorian legal aid

A

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

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22
Q

types of legal aid

A

free legal information, free legal advice, free duty lawyer services, grants of legal assistance

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23
Q

community legal centre

A

an independent organisation that provides free legal services to people who are unable to pay for those services.

24
Q

what are the 2 types of CLC’s

A

generalist & specialist

25
Q

generalist CLC’s

A

provide broad legal services to people in a particular local geographical area

26
Q

specialist CLC’s

A

focuses on a particular group of people or area of law

27
Q

type of assistance from CLC’s

A

legal information, legal advice, duty lawyer assistance, legal casework

28
Q

committal proceedings

A

the processes and hearings that take place in the magistrates court for indictable offences

29
Q

committal hearing

A

hearing to decide if there is sufficient evidence to support a conviction or the offence charged

30
Q

Director of public prosecutions (DPP)

A

the independent officer responsible for commency, preparing and conducting prosecutions of indictable offences on behalf of the crown

31
Q

plea negotiations

A

pre-trial discussions between the prosecutor and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid

32
Q

purpose of plea negotiations

A

to resolve a criminal case by ensuring a plea of guilt
to achieve a prompt resolution

33
Q

sentence indications

A

a statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence

34
Q

sentence indications for indictable offences

A

accused must apply for a sentence indication, prosecution must consent, indication as to whether immediate sentence of imprisonment is likely to be imposed

35
Q

sentence indications for summary offences

A

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

36
Q

strengths of a sentence indication

A

early determination of the case, saves money and resources, the accused is not bound to accept

37
Q

weaknesses of a sentence indication

A

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

38
Q

jurisdiction of the magistrates court

A

original- all summary offences and indictable offences heard summarily, committal proceedings, bail applications and warrant applications.
appellate- none

39
Q

jurisdiction of the county court

A

original- indictable offences except murder, attempted murder, certain conspiracies, corporate offences
appellate- from the MC on conviction or sentence

40
Q

jurisdiction of the supreme court (trial division)

A

original- most serious indictable offences
appellate- from the MC on points of law, from the MC on conviction or sentence in limited circumstances

41
Q

jurisdiction of the supreme court (court of appeal)

A

original- none
appellate- appeals from the CC or the SC

42
Q

responsibilities of the judge

A

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

43
Q

responsibilities of the jury

A

be objective
listen to and remember the evidence
understand directions and summing up
deliver a verdict

44
Q

responsibilities of the parties
the prosecution
the accused

A

give an opening address
assist the judge in jury matters
present the party’s case
give a closing address
make submissions about sentencing

45
Q

responsibilities of legal practitioners

A

be prepared
comply with their duty to the court
act in the best interest of their client

46
Q

sanction

A

a penalty imposed by a court on a person guilty of a criminal offence

47
Q

DRDPP

A

deterrence - specific & general
rehabilitation
denunciation
protection
punishment

48
Q

fine

A

a sanction that requires the offender to pay an amount of money to the state

49
Q

Community Corrections Order CCO

A

a sanction that requires a supervised sentence served in the community that includes special conditions

50
Q

imprisonment

A

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

51
Q

aggravating factors

A

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

52
Q

mitigating factors

A

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

53
Q

cost factors

A

the cost of legal representation
the availability of legal aid

54
Q

time factors

A

court delays
the use of plea negotiations

55
Q

cultural factors

A

language barriers
direct questioning
body language
cultural taboos
lack of understanding of court procedures

56
Q

recent reforms

A

expansion of the koori court
victim support dog program
changes to committal proceedings for some sexual offence matters

57
Q

recommended reforms

A

continued expansion of the koori court
judge-alone trial
increased funding for legal aid, legal centres and other services

legal studies (3 decks)

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