AOS

Question 1

The principles of justice

Answer 1

Fairness
Access
Equality

Question 2

Fairness

Answer 2

The legal principle of fairness means that all people can participate in the justice system, and its process should be impartial and open. Fairness applies to the whole legal system and not just the courts. This involves the process, procedures and principles in our legal system that ensure all people are treated impartially without favouritism or discrimination. It means fair process and a fair hearing for all parties

Question 3

Three Principles of Fairness

Answer 3

Impartial Process
Open Process
Participation

Question 4

Impartial Process

Answer 4

All personal involved with the legal system (including judges magistrates, jury members and court personnel) must be impartial and independent. They shouldn’t show any basis toward any party and must decide an outcome based by facts and laws instead of emotion. The requirement to be impartial extends to the need to ensure there is no perception or suspicion that a person may be based. This is known as apprehended basis.

A member of the jury had been accused of fraud and that are now on a fraud case.

Question 5

Open Process

Answer 5

Meaning the courtroom is open to the public. This is essential to fairness as it ensures transparency in the process and it allows those processes to be scrutinized by the public and reported in the media. In some circumstances, a courtroom is closed or a dispute is decided in private.

when a witness is a young child in a criminal case the courtroom is closed to protect the child.

Question 6

Participation

Answer 6

All people should be able to participate in a case.

The person who is defending the case must have the opportunity to know the facts raised against them; meaning the other party must disclose all relevant evidence to the defendant even if that evidence is deterementle to the other party’s case.

Question 7

Access

Answer 7

The legal principle of access means that all people should be able to understand their legal rights and pirse their case using a range if methods and institutions. It means they can have contact with people, institutions and bodies that provide legal advice, information, assistance, education and be informed about cases and their rights.

Question 8

EqualityThe legal principle acces meant tht

Answer 8

The legal principle of equality means that all people engaging with the justice system and its process should be treated in the same way. However if the same treatment creates a disadvantage or inequality, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage. All people should be treated equally regardless of their religion, race, age, sexuality, social economic status.

Question 9

Institutions that enforce the law

Answer 9

Police
Delegated bodies

Question 10

Police

Answer 10

The role of the police is to serve the community and to enforce criminal law.
The police:
preserve the peace,
protect life and property,
prevent crime,
detect and apprehend offenders and
assist victims of crime or other people in times of emergency.

Question 11

Delegated Bodies

Answer 11

Parliament does not have the time, expertise or local knowledge to make and enforce all the laws needed in the community. To overcome this problem, parliament delegates (hands over) the power to make laws to a variety of delegated authorities or subordinate bodies.
Although parliament delegates authority/power to make rules, it has the power to check the rules being made.
If necessary parliament can override delegated legislation.

Question 12

Examples of Delegated Bodies

Answer 12

Consumer Affairs Victoria
Authority (EPA)
Local councils
VicRoads

Question 13

Local Councils

Answer 13

Local councils govern at a local level and have the power to enforce local laws where a local law makes an act or omission a criminal offence.

Question 14

The balance between institutional powers and individual rights

Answer 14

Individuals have certain rights and freedoms under the law.?????????????????????/

Question 15

Court Heirarchy

Answer 15

Supreme Court (Court of Appeal)
Supreme Court (trial division)
County Court
Magistrates Court

Question 16

Criminal jurisdiction of each Vic court in the traditional court hierarchy

Answer 16

Court of Appeal no original jurisdiction
Supreme court serious indictable offences
County court indictable offences all except murder it attempted murder
Magistrates court summary offences indictable offences heard summarily committal proceeding, bail and warrant applications

Question 17

When are criminal juries used

Answer 17

Criminal juries are used when the offendant pleads not guilty

Question 18

The role of a criminal jury

Answer 18

An independent group of people chosen at random to decide on the evidence in a legal case and reach a verdict of guilty or not guilty

Question 19

Purpose of sanctions

Answer 19

Punishment
Deterrence
denunciation
protection
rehabilitation

Question 20

Punishment

Answer 20

One of the purposes of a sanction is to punish the offender; that is, to penalise the offender when they have done something unacceptable. This allows victims and their families to feel a sense of justice without taking the law into their own hands. If individuals did take the law into their own hands, crime would increase and there would be no social cohesion. Therefore, the courts take it upon themselves to ensure that an offender is punished by impositig a sanction that is just and fair in light of the relevant circumstances of the offending.

Question 21

Deterrence

Answer 21

The law aims to deter or discourage the offender and others in society from committing the same or similar offences in the future by imposing a penalty that is severe enough that the offender and others can see the serious consequences of committing crime. There are two types of deterrence: general deterrence and specific deterrence. A sanction imposed as a general deterrent is one that discourages people in general from committing crime. On the other hand, a sanction imposed as a specific deterrent is aimed at stopping the particular offender who is being sentenced from committing crimes again.

Question 22

denunciation

Answer 22

When deciding on an appropriate sanction for a crime, the court may impose a sentence that is harsh enough to show its disapproval. This is known as denunciation and it is designed to convey the message that this type of criminal behaviour will not be tolerated by the courts. The denunciation purpose of a sanction is often emphasised in cases involving offending that could be undertaken by many members of society

Question 23

protection

Answer 23

Protection is a purpose of sanctions that seeks to ensure the safety of society by imposing a sanction that prevents the offender from harming again.

Question 24

rehabilitation

Answer 24

rehabilitate (i.e. treat) the offender. It is in society’s interests to help offenders change their ways, otherwise crime rates and prison costs will escalate. In providing offenders with opportunities in the form of education, training, assistance and support (e.g. counselling), the legal system hopes that they will grasp the chance of a better future, change their offending ways, and become law-abiding citizens.

Question 25

Factors judge take in sentencing

Answer 25

Lesser sentencing- remorse, lack of criminal history, early guilty plea, mitigating factors such as acting under duress

Increase sentencing - Past criminal history, nature and gravity of the offence, aggravating factors such as the offence taking place in front of children, impact of t the offence on any victim, injury or loos or damage as a result of the offending

Question 26

Koori Court

Answer 26

Statistics show that Aboriginal and Torres Strait Islander people are overrepresented in all aspects of the criminal justice system – as accused offenders, convicted offenders and prisoners.
The Koori Court aims to ensure¬ Koori offenders are sentenced in a more “culturally appropriate manner” and allows¬ them to discuss the underlying issues that contributed to their behaviour¬.
The courts allow offenders to have a say, better engage with the process and reduce those feelings of alienation and intimidation experienced by many Koori offenders, especially¬ young people.

The Koori Court is an informal court that operates in a ‘round table’ approach. Offenders are seated with their family and oral statements by indigenous elders are considered.

Question 27

Fines

Answer 27

A fine is a monetary penalty that is paid by the offender to the state of Victoria (not the victim). Fines are expressed in penalty units, ranging from one penalty unit to 3000 penalty units. Fines are expressed in this way to make it easier to change the dollar amount of fines across all offences and statutes every year. The general purposes of fines are to punish the offender, deter the offender from committing further crimes and deter the general community from committing similar crimes.

Question 28

Community coreections order

Answer 28

A community correction order (CCO) is a sanction that allows an offender to remain in the community while serving the sanction. The sanction requires them to comply with certain core conditions that are attached to the order. In addition, the offender is required to comply with at least one other ‘optional’ condition, such as performing unpaid community work. . A CCO can be combined with either a fine or imprisonment of one year or less. A CCO can also serve as a general deterrent, as well as a specific deterrent.
Depending on the conditions that are imposed, a CCO can help to rehabilitate an offender. . A CCO can also protect society if the offender is kept busy, is prevented from entering certain areas, or must reside at certain places as part of the conditions.

Question 29

imprizoment

Answer 29

Imprisonment is the most serious sanction that can be imposed, and involves the removal of the offender from society and into a secured facility known as a jail or prison. Imprisonment, as it removes the offender from the community, serves to both protect the community and punish the offender