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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Juries act 2000 (vic)
Legislates the processes that should be in place when choosing a jury. Explains the jurors responsibilities.
The composition of a criminal jury
- In cases that are expected to be long, up to 15 jurors may be selected.
- You have to be 18 year or older
- enrolled to vote in Victoria
Reasons for inability
- Disqualified, Negative, past relationship with the criminal justice system
- Ineligible, the person has characteristics that
make it difficult for them to participate
in the jury. - Excused, by the choice of the individual or the court, they are excused
When is a criminal trial the Jury has to…
- Be unbiased
- Listen to the evidence and submissions made
- Listen do directions of the judge
- Appoint a foreperson (one juror who communicates on behalf of the entire jury)
Limitations with Juries
- Do not need to provide reasons for their decisions (fairness)
- Juries can create delays to the trial (fairness)
- no jury is truly impartial (equality)
The rights protected by defamation
- Perso
