AOS - Sanctions Flashcards
Institutions that enforce criminal law
Police, delegated bodies
The role of the police
Police have a duty to protect the community to create a safe, secure and orderly society. Police ensure this is achieved through prevention, investigation and prosecution.
Prevention - Police
Prevent crimes from happening in two main ways:
1) Police maintain a constant presence in the community by patrolling the areas.
2) Educate society and enact “proactive crime prevention”.
Investigation - Police
Identifying potential offenders and collection evidence of their crime. Evidence assists in the prosecuting and sanctioning of the offender.
Police may be required to:
. interview witnesses
* search the crime scene
* collect forensic evidence
* question suspected witnesses.
Role of Australian Federal Police
preventing, investigating, and prosecuting crime at a federal level.
* guarding Parliament House in Canberra
* investigating serious and organised crime, such as drug trafficking
* representing Australian law enforcement internationally
* protecting Australia’s national interests and security.
Prosecution - Police
Prosecuting often involves commencing legal proceedings against the offender in court. Police are responsible for gathering and presenting evidence that may prove an accused guilty.
Usually responsible for prosecuting summary offences. However indictable offences are handed to the Office of public prosecution.
The role of delegated bodies
a specialised government agency that make and enforce laws within their area of expertise after being given authority by parliament. The burden of work on the police is lessened.
Institutional powers
In the criminal justice system, the police and the courts are the main institutions
responsible for investigating crimes and ensuring offenders are brought to justice.
Sanction
A penalty imposed on an offender by the court or a person of authority after being found guilty of a crime.
Warrant
police can use a document called a warrant that permits law enforcement so they can legally search premises, make an arrest or perform an action that upholds justice.
Admissible evidence
Courts must determine which evidence is admissible. This is evidence that abides by the rules of the procedure and is therefore aloud to be presented in court. Evidence Act 2008 (Vic) outlines the rules about evidence.
Individual rights
Individuals rights balance and protect them against institutional rights.
The right to remain silent
The right to make 2 phone calls
Having a parent or guardian present during questioning
Speak to a lawyer
Access an interpreter
Individual rights during court proceedings
To reduce anxiety during court proceedings, individuals are provided with a number of rights.
The right to be tried without unreasonable delay.
Remain silent
Have an impartial judge or jury
Have a bail hearing
Have legal representation
Present a case
limitations with the balance between institutional powers.
- May be unaware of their rights when dealing with the police (fairness)
- Individuals on a jury could be biased (fairness)
- Police may hold prejudice against certain peoples characteristics. (equality)
- Not all people can afford a lawyer leading to an unjust outcome if the accused cannot present their case to the best possible outcome (access)
- Court delays may still occur (access)
The use of juries in a criminal trial
A group of usually 12 people selected from the Electoral roll that are required to provide a verdict.
- occurs when an accused has plead npt guilty in the county ort supreme court.
- only applies to those guilty of an indictable offence.
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