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legal unit 1 > AOS 3 - sanctions > Flashcards

AOS 3 - sanctions Flashcards

unit one

1
Q

DPP

A

-director of public prosecutions
-the independent officer responsible for commencing, preparing, and conducting prosecutions of indictable offences on behalf of the state of vic

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2
Q

OPP

A

-office of public prosecutions
-the victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the dpp

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3
Q

fairness

A

all people can participate in the justice system and its processes should be impartial and clear

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4
Q

equality

A

people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage

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5
Q

access

A

all people should be able to engage with the justice system and its processes on an informed basis

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6
Q

features of fairness

A

-impartial processes
-open processes
-participation

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7
Q

types of equality

A

-formal equality: everyone gets same treatment
-substantive equality: where measures can be put into place to ensure there is no disadvantage

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8
Q

features of access

A

-engagement (can be physical, technological, or financial)
-informed basis

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9
Q

bias

A

a prejudice or lack of objectivity in relation to a person or group

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10
Q

apprehended bias

A

a situation in which a fair-minded person might reasonably believe that the person deciding a case might not bring an impartial mind to the case

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11
Q

victim impact statements

A

-a statement filed by the court by a victim that is considered during sentencing
-contains particulars of injuries, losses or damages suffered by victim etc

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12
Q

cross examination

A

the questioning of a witness call by the other side in a legal case

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13
Q

VLA

A

-victorian legal aid
-a government agency which provides free legal advice to the community, and low/no cost legal representation to those who can’t afford a lawyer

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14
Q

alternative arrangements

A

measures that can be put in place for witnesses in certain criminal cases to give evidence in a different way

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15
Q

plea negotiations

A

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

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16
Q

CLC

A

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

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17
Q

delegated bodies

A

an authority or agency given power by parliament to make and/or enforce laws

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18
Q

human rights charter

A

main purpose is to protect and promote human rights

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19
Q

institutional powers

A

the authority/power given to bodies to undertake actions

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20
Q

committal proceeding

A

pre-trial hearings and processes in the magistrates’ court for indictable offences

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21
Q

committal hearing

A

a part of committal proceedings, where the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

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22
Q

conviction

A

a finding of guilt made by the court

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23
Q

jurisdiction

A

the lawful authority/power of a court to decide legal cases

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24
Q

original jurisdiction

A

the power of a court to hear a case for the first time

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25
Q

appellate jurisdiction

A

the power of a court to hear a case on appeal

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26
Q

unanimous verdict

A

a decision where all jury members are in agreement and decide the same way

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27
Q

majority verdict

A

a decision where all but 1 members of jury agree (11 out of 12)

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28
Q

aggravating factors

A

facts or circumstances about an offender or an offence that can lead to a more severe sentence

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29
Q

mitigating factors

A

facts or circumstances about an offender or an offence that can lead to a less severe sentence

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30
Q

punishment

A

one purpose of sanctions, designed to penalise offender and show society and victim that criminal behaviour isn’t tolerated

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31
Q

deterrence

A

one purpose of sanctions, designed to discourage offenders and others in the community from committing similar offences

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32
Q

specific deterrence

A

one purpose of sanctions, designed to discourage offenders from committing similar offences

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33
Q

general deterrence

A

one purpose of sanctions, designed to discourage others in the community from committing similar offences

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34
Q

denunciation

A

one purpose of sanctions, designed to demonstrate the community’s disapproval of offender’s action

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35
Q

protection

A

one purpose of sanctions, designed to safeguard community from offender by preventing them from committing further offences

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36
Q

rehabilitiation

A

one purpose of sanctions, designed to reform offender in order to prevent them from committing offences in the future

37
Q

role of police

A

-serve community and law
-enforce criminal law

38
Q

roles of victorian police in enforcing criminal law

A

-talk to victims or witnesses
-question possible suspects
-conduct searches
-charge people
-examine scenes of crime
-gather physical or forensic evidence
-arrest accused persons

39
Q

afp*

A

-australian federal police
-investigates crimes with a federal aspect

40
Q

examples of victorian delegated bodies

A

-worksafe
-epa
-vicroads
-local councils

41
Q

examples of commonwealth delegated boddies

A

-asic
-ato
-accc

42
Q

powers of police during arrests

A

-has power to arrest with or without a warrant
-can arrest without a warrant if it’s necessary to preserve public order, ensures offender appears in court, and ensures public safety and welfare

43
Q

rights of individuals during arrests

A

-can refuse to go to police station unless arrested
-an arrested person must be informed of the reason for the arrest
-an arrested person must be brought before court/trial without reasonable delay
-right to silence (except name and address)
-right to released unconditionally or on bail

44
Q

powers of police during questioning

A

-investigating officials have power to question a suspect/accused within a reasonable time

45
Q

rights of individuals during questioning

A

-must be informed that they don’t have to say anything
-must be informed that they can communicate with a friend/relative and legal practitioner
-right to interpreter
-right to private conversations with legal practitioner
-questioning should occur in a reasonable time
-right to silence
-under 18s must have someone present during questioning (independent eg parent)

46
Q

powers during court proceedings

A

-many parties have power to enforce law (eg prosecution, courts)
-power to commence criminal action to determine guilt and sentence offender

47
Q

rights of individuals during court proceedings

A

-have charge decided by impartial court
-presumption of innocence
-informed about nature and reason of charge
-have adequate time and facilities to prepare defence
-be tried without reasonable delay
-obtain legal aid
-have interpreter
-have change to challenge/rebut evidence against them

48
Q

powers during imprisonment

A

-prison officers have powers to manage prisoners (eg searches, seizing contraband)

49
Q

rights of prisoners during imprisonment

A

-open air
-adequate food
-suitable clothing
-access to medical care
-access to suitable special care/treatment
-practice religion
-one-half an hour visit per week
-youths have additional rights

50
Q

role of victorian courts in criminal cases

A

-criminal pre-trial procedures
-conduct criminal trials (deciding whether accused is guilty)
-impose sanctions (if person has been found or plead guilty)

51
Q

strengths of courts in resolving criminal trials

A

-legal personnel (eg judges) are impartial
-hierarchy allows parties to appeal
-formal court processes etc ensure procedural fairness
-fairness is ensured through the specialised court hierarchy

52
Q

weaknesses of courts in resolving criminal cases

A

-processes may be difficult to understand
-can cause stress, intimidation etc
-party may be disadvantaged if they represent themselves
-right to appeal is not automatic in many cases

53
Q

jurisdiction of magistrates’ court

A

original jurisdiction
-summary offences
-indictable offences heard summarily
-committal proceedings
-bail and warrant applications

no appellate jurisdiction

54
Q

jurisdiction of county court

A

original jurisdiction
-indictable offences except murder, attempted murder, treason, certain conspiracies

appellate jurisdiction
-from magistrates’ court on a conviction or sentence (unless chief magistrate decided case)

55
Q

jurisdiction of supreme court (trial division)

A

original jurisdiction
-serious indictable offences (murder, attempted murder, treason etc)

appellate jurisdiction
-from magistrates’ court on a point/question of law (unless chief magistrate decided case)

56
Q

jurisdiction of supreme court (appeal division)

A

no original jurisdiction

appellate jurisdiction
-all appeals from county court or supreme court (trial division)
-from magistrates’ court if chief magistrate decided case

57
Q

jurisdiction of children’s court

A

original jurisdiction
-offences committed by children aged 10-17 (except for certain offences)

no appellate jurisdiction

58
Q

jurisdiction of coroners court

A

original jurisdiction
-investigation of deaths, fires

no appellate jurisdiction

59
Q

jurisdiction of high court

A

no original jurisdiction

appellate jurisdiction
-appeals from supreme court (appeal division) with leave (permission)

60
Q

when are criminal juries used?

A

-original jurisdiction of county and supreme court
-to determine guilt of accused charged with indictable offence (when on trial)

61
Q

how can people not be on the jury?

A

-disqualified due to past history (eg on bail)
-ineligible because of a certain characteristic (eg people who can’t adequately speak/understand english) or occupation (eg lawyer)
-excused because of certain circumstances (eg poor health

62
Q

composition of a jury

A

12 people, but 3 extra jurors can be empanelled for lengthy trials etc

63
Q

role of a jury

A

-listen to all the evidence
-concentrate during the trial
-piece evidence together and decide whether accused is guilty or not guilty

64
Q

when does a hung jury occur?

A

-jurors first try to reach a unanimous verdict
-if this doesn’t occur, the judge may allow a majority verdict except for serious indictable offences
-when a majority verdict isn’t reached, it is a hung jury

65
Q

strengths of the jury system

A

-jurors are independent and impartial, ensuring fairness and equality
-allows community to be involved in justice system
-spreads responsibility for decision
-ensures fairness by deliberating based on evidence
-reflects community values and brings common sense approach to decision making

66
Q

weaknesses of jury system

A

-jurors don’t give reasons for their decisions
-task is difficult
-a jury trial may result in delays because juries require explanations/directions
-not everyone can be apart of the jury
-jurors may have biases that play a role in deliberations (may be unconscious)

67
Q

difficulties first nations people may face

A

-language barriers
-police involvement in families
-cultural misunderstandings
-past experiences with government
-intergenerational trauma
-justice system based on western practices and ideas

68
Q

initiatives for difficulties faced by first nations people

A

-koori court
-legal aid
-prison rehab programs

69
Q

difficulties young people may face

A

-lack of understanding
-negative effects of custody
-psychological barriers
-lack of specialist legal systems

70
Q

initiatives for difficulties faced by young people

A

-serviced dedicated to young people (eg youthlaw)
-youth diversion programs
-using intermediaries
-raising age of criminal responsibility

71
Q

purposes of sanctions

A

-punishment
-deterrence
-denunciation
-protection
-rehabilitation

72
Q

factors that may reduce sentence

A

-nature and gravity of offence
-early guilty plea
-mitigating factors
-lack of prior offending
-remorse

73
Q

factors that may increase sentence

A

-nature and gravity of offending
-aggravating factors
-prior offending
-impact of offence on victim
-injury, loss, or damage as a result of the offence

74
Q

types of sanctions

A

-discharge
-adjournment
-fines
-community corrections order
-drug treatment orders
-imprisonment
(going from less severe to more severe)

75
Q

what does discharge with conviction involve?

A

record a conviction and order offender to be discharged (no other penalties)

76
Q

what does adjournment involve?

A

-delaying court case until further date
either:
-record conviction and order release of offender with conditions attached OR
-without recording conviction, orders the release of offender on the adjournment of a hearing with conditions attached

77
Q

what does fines involve?

A

-with or without conviction, order offender to pay fine
(money to the state)

78
Q

what does a community corrections order involve?

A

-with or without conviction, make a CCO, which means that the offender serves the sanction in the community with conditions attached

79
Q

what do drug treatment orders involve?

A

-record conviction and order offender to undertake treatment program (only available from drug court if person pleads guilty and is dependent on drugs or alcohol)

80
Q

what does imprisonment involve?

A

-record conviction and order offender to serve time in jail

81
Q

the drug court

A

able to impose a drug treatment order on an offender where drugs or alcohol contributed to the commission of the offence

82
Q

eligibility of drug court

A

-must reside within an area serviced by the drug court
-must plead guilty to offence

-offence must be within jurisdiction of the magistrates’ or county court and punishable by imprisonment

-offence must not be a sexual offence and must not have involved actual bodily harm

-drug court must be satisfied that the offender is dependent on drugs or alcohol, and that this dependency contributed to the offence being committed

83
Q

the koori court

A

A division of the magistrates, children’s, and county court that (in certain circumstances) operates as a court for first nations people

84
Q

eligibility of the koori court

A

-must be First Nations

-offender must be within jurisdiction of relevant court

-offence must not be a sexual offence

-accused must intend to or has plead guilty

-accused must consent to case being dealt with by Koori Court

85
Q

diversion programs

A

a method used by magistrate’s and children’s court to redirect offender from court and avoid criminal record by placing them on a plan

86
Q

eligibility of diversion programs

A

-accused must acknowledge to Magistrate’s Court responsibility for the offence

-it must appear appropriate to Magistrate’s Court that the accused should participate in the program

-both prosecution and accused must consent to matter being diverted

-offence must not be one punishable by a minimum or fixed sentence or penalty (eg suspension of licence)

87
Q

strengths and weaknesses of the drug court

A

strengths
-addresses underlying causes of crime
-avoids effects of imprisonment
-breaks cycle of offending

weaknesses
-not every offender is eligible to be sentenced
-not always successful
-expensive to establish

88
Q

strengths and weaknesses of the koori court

A

strengths
-increased First Nations ownership of and participation in justice system
-provides informal atmosphere for sentencing
-experience of accused is vastly improved, less intimidating etc

weaknesses
-not available to all offenders
-limited to sentencing only and doesn’t extend to trials
-not available in all locations

89
Q

strengths and weaknesses of diversion programs

A

strengths
-allows avoidance of criminal record
-saves court resources
-provides offender with access to assistance such as rehab and counselling

weaknesses
-limited to certain offenders and offences
-effectiveness depends on offender
-prosecution can prohibit the offender from participating

legal unit 1 (3 decks)

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