AoS1b

Question 1

Roles of the Prosecution (lesson 3)

Answer 1

The party acting on behalf of the state/Commonwealth

• give an opening and closing address, outlining charges and evidence and then summarising their key arguments
• calling witnesses, must call all relevant witnesses and complete examination in chief and cross examination
• present relevant and admissible evidence

Question 2

Roles of the Accused (Lesson 3)

Answer 2

Party charged with a criminal offence
- enter a plea, guilty or not guilty to all charges
- present evidence/call witnesses, no requirement as no BOP hwvr this is favourable as it can help disprove the prosecutions case
- attend court proceedings, for most indictable offences this is required

Question 3

3 strengths/weaknesses of criminal parties (lesson 3)

Answer 3

Strengths:
- both prosecution and accused can present their case, upholding participation
- there is no requirement of the Accused to present a defence, upholding the presumption of innocence and this impartiality
- judges can provide general guidance to self represented parties, allowing them to engage on an informed basis

Weaknesses
- self represented parties may struggle to understand court proceedings, limiting engagement on an informed basis
- silence may be interpreted as an admission of guilt by the jury, limiting impartiality
- The accused may plead guilty as they do not understand their rights, limiting participation

Question 4

Solicitor (lesson 3)

Answer 4

A lawyer who advised clients, prepares legal documents, communicates with the other party, researches relevant law and engages the services of a barrister

Question 5

Barrister (Lesson 3)

Answer 5

A lawyer, usually self employed, who regularly appears in court and represents a party in a trail by making legal arguments, questioning witnesses, and summarising the case.

Question 6

Reasons for legal representation (lesson 3)

Answer 6

• ensures an accused understands legal proceedings
• helps the accused receive a fairer outcome
• assist with the questioning of witnesses

Question 7

Impacts of cost factors/addressing cost factors (lesson 4)

Answer 7

Costs may arises from obtaining legal advice, barrister fees, witness fees, and costs to appeal. An accused may recover costs if they are acquitted or successfully appeal.

Addressed through access to VLA and CLCs, committal proceedings, and plea negotiations

Question 8

Impacts of delay+time factors/addressing delays+time factors (lesson 4)

Answer 8

Time factors may involve court backlogs, trial procedures (question and answer process), collecting evidence, mistrials, and awaiting judgements and sentences. Leads to uncertainty for victims, witnesses, the Accused and the community may be at risk.

Addressed through plea negotiation, judge alone trials, and use of technology (no travel).

Question 9

Impacts of cultural factors/addressing cultural factors (lesson 4)

Answer 9

People that may struggle from different cultural backgrounds. Refugees and recent migrants may struggle from language barriers and lack of understanding/trust of the court system. Direct questioning may feel unusual for FNP.

Addressed through the Koori Court, interpreters, the Evidence Act 2008 outlining when evidence is inappropriate to submit because of language barriers, and legal information through VLA/CLC

Question 10

Sanctions (lesson 5)

Answer 10

A penalty imposed by the court on the offender when they are found guilty. The Sentencing Act 1991 establishes the authority/purposes of courts in imposing sanctions.

Question 11

Rehabilitation (lesson 5)

Answer 11

To support/restore. Acknowledges there may be a root cause for a crime and attempts to address it, limiting recidivism.

Question 12

Protection (lesson 5)

Answer 12

Aims to ensure offenders do not pose significant risk to victims and to broader society.

Question 13

Punishment (lesson 5)

Answer 13

Inflict pain or loss to ensure an offender is proportionately penalised/held accountable. Society seeking retribution.

Question 14

Deterrence (lesson 5)

Answer 14

Act of discouraging an offender/the general public from committing similar crimes.

Specific - targets the offender and discourages them from reoffending

General - targets the community, discourages the wider community from offending

Question 15

Denunciation (lesson 5)

Answer 15

Publicly condemn the offenders actions to show societies disapproval. Can occur in a judges statement.

Question 16

Fines (lesson 6)

Answer 16

A penalty in the form of a monetary payment by the offender to the government. Calculated through penalty units, considers purposes of sanctions, aggravating/mitigating factors, and the offenders financial status.

Question 17

How fines (don’t) achieve purposes of sanctions (lesson 6)

Question 18

CCO’s (lesson 6)

Answer 18

Non custodial order by the court allowing the offender to remain in the community with conditions attached. Can be imposed along fines/imprisonment for offences of more than 5 penalty units when the offender has agreed. Max 2 years, 5 years multiple offences.

Example conditions:
- no reoffending
-do not leave Vic without permission
- up to 600 hours of community service
-curfew
-undertake treatments/rehab programs for drugs/alcohol

Question 19

How CCO’s (don’t) achieve purposes of sanctions (lesson 6)

Question 20

Imprisonment (lesson 6)

Answer 20

Sanctions removing an offender from the community and places them in prison for a given period.

Question 21

Parole (lesson 6)

Answer 21

Early release of a prisoner after their minimum term is served, subject to supervision and certain conditions.

Question 22

Cumulative vs concurrent sentences (lesson 6)

Answer 22

Concurrent:

Question 23

How imprisonment (don’t) achieve purposes of sanctions (lesson 6)

Question 24

Aggravating Factors (Lesson 7)

Answer 24

facts/circumstances about the offender/offence that increase the offender’s culpability and therefore likely the severity of the sanction

e.g.
- whether the crime was premeditated
- whether the victim was a particularly vulnerable person (child, disabled)
- If the offender had prior convictions

Question 25

Mitigating Factors (Lesson 7)

Answer 25

Circumstances considered in sentencing, relevant to the offender/victim/crime that may decrease the offender's culpability and lead to less severe sanction. e.g. - Genuine remorse - The age of the offender - limited/no prior criminal history

Question 26

Guilty plea (Lesson 7)

Answer 26

a full admission of guilt by the accused person to an offence that they have been charged with. If an accused pleads guilty, they will receive a sentencing discount, reducing their sentence.

Question 27

Benefits of an early guilty plea (Lesson 7)

Answer 27

- reduced costs and time for the trial, meaning court resources can be directed towards other cases - Victims avoid trauma - Accused avoids stress/trauma and associated costs - delays are minimized for other trials

Question 28

Victim Impact statement (Lesson 7)

Answer 28

A written or verbal statement made to the court about the effect of the offence on the accused. May include physical impacts, emotional loss or financial loss, and can be given by primary or secondary victims.

Question 29

How VIS can impact severity of a sanction (Lesson 7)

Answer 29

If the VIS indicates the crime has had significant impact on the victim, this will increase the offender's culpability and thus the severity of their sanction. For example, the murder of a parent has greatly increased the financial burden on their family, and they are struggling to make ends meet.

Question 30

How VIS can decrease the severity of a sanction (lesson 7)

Answer 30

If the VIS indicates the victim forgives the offender, their culpability will decrease, and they will face a less severe sentence.

Question 31

Judge (lesson 2)

Answer 31

An independent authority who presides over a trial and ensures procedural fairness by overseeing all personal/evidence

Question 32

Magistrate (lesson 2)

Answer 32

An independent authority who presides over hearings in the magi’s court for less serious matters such as summary offences committal proceedings and some civil disputes

Question 33

Roles of Judges/magistrates (Lesson 2)

Answer 33

- Ensures court proceedings are followed; both parties have the same opportunity to present their case - Asking clarifying questions of the witness - Adjourning (taking breaks) - Limiting no. witnesses/topics in which witnesses can be questioned - Limiting cross examination - Determining the admissibility of evidence - Direct the jury - Determine accused’s guilt (mag only) - Sentence the offender

Question 34

Strengths and weaknesses of a judge’s role (Lesson 2)

Answer 34

Strengths: - Ensures that trial/court proceedings are conducted fairly and according to rules of evidence and procedure - Can explain points of law to jury members, allowing them to engage - If one party is highly disadvantaged due to lack of representation, they can adjourn until proper representation is provided Weaknesses - Cannot provide additional legal advice to self-represented parties, which can increase the likelihood of an unfair trail - Subject to personal bias and may subconsciously discriminate - Rely on parties to present all relevant evidence, thus not all relevant facts may be disclosed

Question 35

Groups that cannot sit on a jury (lesson 2)

Answer 35

Indictable offenders - Lawyers - Police - Judges

Question 36

Roles of the Jury (Lesson 2)

Answer 36

Remain objective. Those with prior connections to the accused must alert the court to excuse themselves - Listen to and consider evidence presented - Determine a verdict based on evidence and deliberation

Question 37

Strengths and Weaknesses of the jury (Lesson 2)

Answer 37

Strengths - Trail by peers protects one’s democracy, ensuring verdicts reflect societies values - All accused charged with an indictable offence are entitled to a trail by jury - Prescence of a jury ensures less legal jargon is used, ensuring the accused can better understand the case (access) Weaknesses - Juries are only used in a small number of cases as most are settled prior to trial - Cases can be complex and technical, thus creating a risk of unfair verdicts as there is no guarantee jurors understand - Several groups in society are ineligible for trials, meaning juries cannot be a true cross section of society

Question 38

Original Jurisdiction (Lesson 1)

Answer 38

The power of a court to hear a case for the first time Magistrates: Summary offences/indictable heard summarily/applications for warrants/bail hearings County: Trails for most indictable offences (rape/armed robbery/serious drug offences) Supreme Trail Division: Unlimited criminal jurisdiction, but in practice hear cases for the most serious indictable offences Court of appeals: No original Jurisdiction

Question 39

Appellate Jurisdiction (Lesson 1)

Answer 39

The power of a court to hear a case for the first time Magistrates: No appellate jurisdiction County: Appeals from the Magistrates court when offender is appealing against the conviction or parties are appealing the sanction imposed Supreme Court of Victoria: Appeals from Magistrates on questions of law Court of Appeals: All appeals from county or Trial Division can be heard

Question 40

Specialisation (Lesson 1)

Answer 40

The level of expertise gained by the judge/magistrate, which is developed from hearing the same matters repeatedly, allowing them to resolve disputes in a more consistent, efficient and fair manner E.g. Trail division – hears most indictable offences (murder/manslaughter) and develop specialisation on the elements of each crime and rules of evidence and procedure Magistrates court – Hears summary offences/indictable offences heard summarily/committal proceedings/warrant + bail applications

Question 41

Appeals (Lesson 1)

Answer 41

The legal process that a party how is dissatisfied with the outcome of their case and has a relevant reason to seek a review of the court’s decision by a higher court. Allow parties how are dissatisfied to take the matter to a higher court so mistakes can be corrected, can be appealed on Question of law, appealing a conviction, or appealing a sanction.

Question 42

Strengths and weaknesses of Court hierarchy (lesson 1)

Answer 42

Fairness: - Through specialization, judges develop expertise in dealing with crimes thus allowing for impartiality - As appealing is expensive, some offenders may not be able to appeal, limiting participation Equality – formal - formal equality: all parties have a right to appeal - Substantiative equality: As appeals are expensive, they are not equally accessible to all parties Access - Access is increased by specialization allowing cases to be resolved in a more efficient manner - limited as the grounds for appeal limit some parties from engaging