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Bodies Flashcards

If individual or company has broken the law by committing a crime, the person or company is brought to justice.

1
Q

Bodies

A

Individual or company have broken law by committing a crime, then the person or company is brought to justice

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2
Q

Police

A

Serve the community and the law to enforce criminal law
police:
preserve peace
prevent crime

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3
Q

Delegated bodies

A

An authority or agency given power to make and enforce laws

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4
Q

If laws are broken, enforced by

A

warnings, directing person, rehabilitation, legal proceedings

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5
Q

Fairness

A

people can participate in justice system and processes should be impartial and open
impartial : no bias
open : accountability of actions

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6
Q

equality

A

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

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7
Q

access

A

all people should be able to engage with the justice system and its processes on an informed basis
formal: individuals treated the same regardless of personal characteristics
different : special measures

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8
Q

Powers and rights

A

Australians are entitled to a number of rights and freedoms

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9
Q

courts

A

federal and state courts
state courts deal with issues arising under state law
federal courts deal with issues arising under federal courts

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10
Q

Arrest

A
  • Once a crime has been committed the police have the power to arrest an accused person
  • The power of arrest with or without a warrant is found in the Crimes Act 1958 (Vic)
  • Most are made without a warrant
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11
Q

Determine criminal case

A

If accused pleads not guilty then it’s the role of the courts to determine whether the accused is guilty

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12
Q

Individuals in an arrest

A

Can refuse to attend a police station unless under arrest. Must be informed of the reason for their arrest at the time of the arrest and be promptly informed of any proceedings against them

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13
Q

process

A

charged with an indictable offence first go to magistrates courts for a committal proceeding

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14
Q

Questioning

A
  • if a person has been arrested and is in custody for being suspected of committing an offence, an investigating official has the power to question them within a reasonable time
  • May be questioned to determine what involvement they had in the offence if any
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15
Q

courts role

A

provides specialisation and expertise in the type of case its hearing

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16
Q

imposing sanctions

A

accused pleads guilty or is found court sets out a date for hearings
both parties discuss
facts
circumstances

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17
Q

Court proceedings
For summary offences,

A

the Magistrates’ Court hears and determines the charged and the magistrate determines guilt

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18
Q

Court proceedings
For indictable offences,

A

the Magistrates’ Court determines whether there is enough evidence to a support a conviction at trial before the matter is transferred to the County or Supreme Court

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19
Q

The jury

A

independent group of people chosen at random to determine questions in a trial based of facts and evidence provided

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20
Q

Imprisonment of the offender

A

If found not guilty, accused is released immediately
● If found guilty, the court’s role is to impose a sanction
● The sanction of last resort is imprisonment -> involves removing the offender from society and placing them in jail for a period of time

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21
Q

Groups we will focus on who struggle with the justice system are:

A

First Nations people
● Young people
● Culturally and linguistically diverse people
● Disabled people

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22
Q

when are Jurys used

A

used in court and supreme courts

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23
Q

what does criminal jury consist of

A

12 jurors
over 18
randomly selected

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24
Q

Overrepresentation in the justice system

indigenous ppl

A

Comprise 3.8% of the Australian population
● However, make up 32% of the prison population
● In Victoria, 9% of the prison population is Indigenous
● Account for only 1% of Victoria’s population
● Indigenous children and young people account for about 15% of children and young people under supervision

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25
Q

role of criminal jury

A

-Listen to all evidence
-Concentrate during trial
-Decide whether accused is guilty or not guilty based off evidence

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26
Q

Difficulties faced
Cultural differences

A

Differences in customary law and the criminal justice system
Customary law: the body of norms, practices, and beliefs that a local community or group of people accept as legal requirements or rules of conduct
In customary law, Elders are involved in sentencing an offender and may even carry out the punishment

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27
Q

Language barriers

A

`Not all speak English as their first language
● May speak an Aboriginal language or Aboriginal English
● Aboriginal English uses words differently and the accent is different
● This means an interpreter will likely be required for the criminal justice system

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28
Q

young people

A

Describes those less than 25 years old
Suspected or accused
● Victim
● Witnesses
● Particularly in cases involving family or domestic violence and abuse

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29
Q

Difficulties faced
young people

A

Some have a one-off incident, others become adult offenders
● The younger the child was when first sentenced, the more likely they are to reoffend
● Young people can also be victims and witnesses of crime

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30
Q

punishment

A

designed to penalise offender, show society and victim that criminal behaviour will not be tolerated

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31
Q

Lack of understanding
young people

A

Many young people struggle to access the justice system because they are not able to understand the system and therefore properly engage with it
● The language and processes used are catered for adults
● Use of complex vocabulary and questions

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32
Q

deterrence

A

designed to discourage offender and others in community from committing similar offences

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33
Q

Culturally and linguistically diverse people

A

Culturally and linguistically diverse people (CALD)
● Refers to those from non-English speaking countries

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34
Q

denunciation

A

designed to demonstrate the community’s disapproval of the offenders actions
sentence that is harsh enough to show disapproval

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35
Q

Disabled people

A

prevent people with certain characteristics, including disabilities, from being discriminated against

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36
Q

protection

A

designed to safeguard community from an offender by preventing them from committing a further offence

37
Q

rehabilitation

A

designed to reform an offender in order to prevent them from refunding offences in the future

38
Q

types of sanctions

A

custodial : offender removed from society
non -custodial - serves the sentence within community

39
Q

Define disability as:

A

● Total or partial loss of a bodily function
● A total or partial loss of a part of the body

40
Q

sanctions

A

imposed restrictions on individuals, based off actions committed by offender

41
Q

Imprisonment

A

sanction that involves removing the offender from society for a stated period of time and placing them in prison
● The most serious sanction that can be imposed

42
Q

Conditions of Imprisonment
Parole

A

Parole is an early release from prison
● Where an offender has been imprisoned for a term of 2 or more years, the court must fix a non-parole period

43
Q

fines

A

momentary penalty that is paid by offender to state of Victoria
conditions : court can order its paid instalments
purpose : punish offenders

44
Q

Purposes of imprisonment

A

Punishment is a major purpose -> freedom taken away
● Protection is a major purpose as the offender is removed from society

45
Q

Sentencing factors
Appropriateness

A

● When sentencing an offender, the court must ensure the sentence that is given is appropriate to the crime commit

46
Q

Aggravating factors

A

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

47
Q

CCO

A

Communist correction orders
flexible, non custodial sentence served in community
imposed: punishable by more than 5 penalty units
purposes : act to punish conditions, burden or annoyance

48
Q

Mitigating factors

A

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

49
Q

Alternative sentencing approaches

A

The Drug Court
● The Koori Court
● Diversion programs

50
Q

Diversion programs

A

available in magistrates and children’s court for summary offences, intended for first time offenders
eligibility : accessed must acknowledge to the magistrate court responsibility for offences
process : Onus (responsiblity) is on the offender to ask for a diversion

51
Q

diversion plan may involve

A

written letter of apology to victim
donate or do some other service such as community work

52
Q

the drug court
Process

A

● Involves determining the offender’s location, prior and current offences, whether drug/alcohol abuse is a significant factor and whether the accused is willing to participate

53
Q

DATO

A

An order that aims to rehabilitate the offender by providing a judicially supervised, therapeutically oriented drug and alcohol treatment program

54
Q

Effectiveness of the drug court

A

Benefits both participants and the community

55
Q

The Koori Court

A

Is a sentencing court available to a first nations accused person
● Aims to provide an informal atmosphere for sentencing and to allow representation from the First Nations community in the sentencing process

56
Q

Eligibility The Koori Court

A

The accused must be an Indigenous person
● The offence must be within the jurisdiction of the relevant court
● The offence must not be a sexual offence
● The accused must intend to plead guilty or has pleaded guilty

57
Q

Effectiveness The Koori Court

A

The experiences of the offenders were improved
● There was a need to have greater participation of service providers such as those who provide drug and alcohol services

58
Q

Social cohesion

A

the willingness of members of society to cooperate with each other in order to survive and prosper

59
Q

Role of laws

A

– Provide guidelines on what behaviour is acceptable and not acceptable
– With no laws there would be no boundaries

60
Q

Role of individuals

A

– Ensure that they are aware of the laws and abide by them
– Before acting, people must ensure that they are informed and know the relevant laws

61
Q

Role of the legal system

A

– Applying the law and enforcing it are two of the roles of the legal system

62
Q

Characteristics of an effective law
Laws must be enforceable

A

– It must be possible to catch, punish or sue people who break the law

63
Q

Characteristics of an effective law
Laws must be known

A

– The public must know about the law for it to be effective
– You can’t follow a law if you don’t know it

64
Q

Characteristics of an effective law
Laws must be clear

A

– Laws must be written in a way that people can understand, and the intent of the law must be clear

65
Q

Characteristics of an effective law
Laws must be stable

A

– Laws can’t chop and change constantly
– This may lead to uncertainty and confusion and people may not follow the law

66
Q

Statue law

A

– Law made by parliament is referred to as statue law

67
Q

Subordinate authorities

A

– Subordinate authorities refer to bodies with delegated power
E.g. councils make law about pet ownership and rubbish removal

68
Q

Victorian court hierarchy

A

– The higher courts hear more serious and complicated cases
– The lower courts hear less serious and complicated cases

69
Q

Reasons for the court hierarchy
Specialisation and expertise

A

– Different courts specialise in different types of cases and develop expertise in these
– E.g. Magistrate’s court specialises in minor offences, such as drink driving

70
Q

Reasons for the court hierarchy
Appeals

A

– An application to a higher court to review the ruling of a lower court

71
Q

Reasons for the court hierarchy
Administrative convenience

A

– Allows for efficiency and convenience in the way cases are heard

72
Q

Reasons for the court hierarchy
Doctrine of precedent

A

– Means that courts follow previous decisions when deciding similar cases, ensuring consistency and predictability in law

73
Q

Statutory interpretation

A

– A statute is often written in general terms to apply to all types of situations

74
Q

Binding precedent

A

– One that must be followed by a lower court in the same court hierarchy

75
Q

Persuasive precedent

A

– Precedent of a lower court or equal within the same hierarchy or one in a different hierarchy that may be considered and influence the judgement

76
Q

Presumption of innocence

A

 The right of a person accused of a crime to be presumed not guilty until proven otherwise

77
Q

How is it protected?
The burden of proof is on the prosecution

A

 The prosecution must present evidence to the court to prove the guilt of the accused, rather than the accused being required to prove their innocence

78
Q

Age of criminal responsibility

A

A person under 10
 can’t be charged with a crime

79
Q

Age of criminal responsibility

A

A person between 10-13
 can be charged with a crime if the prosecution proves the child knew their actions were wrong at the time of the crime

80
Q

Burden of proof

A

 The responsibility to prove the facts of a case
 Generally, held by the person who initiates the case or brings the case to court

81
Q

Standard of proof

A

 The strength of evidence needed to prove a legal case
 In criminal law it’s beyond reasonable doubt

82
Q

Summary offences

A

 Minor offences generally heard in the Magistrates’ Court
 Less serious in nature

83
Q

Indictable offences

A

 Serious criminal offences heard by a judge (and a jury if the accused pleads not guilty) in either the County or Supreme Court

84
Q

Two main participants in crime

A

 Principal offender
 The accessory

85
Q

Principal offender

A

 A person who carries out the actus reus (the guilty act) and has therefore directly committed the crime  Any person who is involved in a crime is also considered a principal offender
 Includes anyone who intentionally assists, encourages or directs another person to commit the crime

86
Q

Accessory

A

 A person who does an act to help another person who has committed a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished
 To be an accessory, a person must believe or know that the offender has committed a serious indictable offence (one that is punishable by five years or more in prison)

87
Q

Culpable driving causing death

A

the act of causing death of another person while driving a motor vehicle in a negligent or reckless manner or while under the influence of drugs or alcohol

88
Q
A

sanctions (4 decks)

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