AOS 3

Question 1

Fairness

Answer 1

Impartial and just treatment without favouritism or discrimination. both parties receive a fair trial (understand court processes, right to appeal, presumed innocent)

Question 2

Equality

Answer 2

The right for everyone to be treated equally before the law (treated equally despite cultural, age ect differences.)

Question 3

Access

Answer 3

People are aware of their legal rights and have opportunity to pursue their case. (financial assistance, education and information)

Question 4

Institutions that enforce criminal law

Answer 4

Investigate crime (e.g. question witnesses, examine crime scene, gather evidence, arrest, charge accused)

Question 5

Role and criminal jurisdictions of the VIC Courts

Answer 5

Power or authority of courts to hear certain cases.

▪ Original Jurisdiction - The power of a court to hear a case for the first time (i.e. not on appeal)

▪ Appellate Jurisdiction - The power of a court to hear a case on appeal.

Question 6

The role of the jury in a criminal trial

Answer 6

The jury’s role is to decide the facts of the case. In a criminal trial, this means decide whether an accused person is guilty or not guilty, the standard of proof required is beyond reasonable doubt.

Question 7

Purpose of Punishment

Answer 7

To penalise the offender and show society and the victim that criminal behaviour is not tolerated. gives the community assurance justice has been received and that they don’t need to take matters into their own hands.

Question 8

Purpose of Deterrence

Answer 8

To discourage the offender an d others in the community from committing similar offences (general and specific - deter the entire community, discourage offender)

Question 9

Purpose of Denunciation

Answer 9

To demonstrate courts disapproval of the offenders actions (judge may give a harsher sentence for a violent crime and make a comment to disapprove behaviour)

Question 10

Purpose of Protection

Answer 10

Safeguard the community from an offender by preventing them committing further offence (physically removing them from community)

Question 11

Purpose of Rehabilitation

Answer 11

To reform an offender by addressing underlying reason for their offending, with aim of preventing them from committing again. (CCO, program in prison)

Question 12

Fines

Answer 12

Sanction requires the offender to pay a monetary penalty to the state of VIC, will consider (the financial circumstance of the offender, financial benefit the offender received.

Question 13

CCO

Answer 13

A supervised non-custodial sentence served in the community, special conditions such as treatment, unpaid community work, curfew, alcoholic exclusion.

Question 14

Imprisonment

Answer 14

Most severe sanction - removes the offender from society for a period of time and places them in prison.

Question 15

Factors considered by judges in sentencing; Mitigating Factors, Aggravating Factors

Answer 15

Any factor that increases/decreases the seriousness of an offence and/or the culpability of an offender.

Question 16

Delegated Bodies

Answer 16

Bodies that have been given authority by parliament to enforce criminal offences (VicRoads, Council, WorkSafe)

Question 17

Victim Impact Statement

Answer 17

A statement given by the victim(s) of a crime that details how the victim has been affected by the offence, can be taken into account by a judge in sentencing.

Question 18

Arrest

Answer 18

Police can arrest with or without a warrant any person found committing an offence if the police believe it is necessary to:
▪ Preserve public order
▪ Ensure the safety or public welfare of the public

A person does not have to say anything when arrested. Must be informed of the reason for arrest at the time of arrest.

Question 18

Questioning

Answer 18

Power to question a person who has been arrested and is in custody for being suspected of committing an offence.

The right to remain silent, the right to an interpreter.

Question 19

Bail

Answer 19

The decision/power to grant or refuse bail is normally determined by either a court, a bail justice, or a police officer.

The Bail Act states that a person accused of an offence, and being held in custody in relation to that offence, is entitled to be granted bail unless the person is deciding whether to grant bail is required to refuse bail under the Act.

Question 20

Court Proceedings

Answer 20

Speak with witnesses, obtain evidence.

Be presumed innocent until proven guilty, right to have legal aid if the justice requires it.

Question 21

Imprisonment of the Offender

Answer 21

Power to search and examine any person, seize unauthorised goods.

Be presumed innocent until proven guilty, right to have legal aid if the justice requires it.