Ch. 8 Sac Study Flashcards
What are 4 purposes of criminal pre-trail procedures?
- protect the rights of the accused - treated innocent until proven guilty
- provide rights to the police (to facilitate police investigation)
- determine how the accused wishes to plea
- determine whether a trial should proceed (prima facie case)
who can bail be granted by? (3)
a police officer - at police station when person charged
a magistarte - at bail hearing in mag court
a bail justice - appointed by attorney general to decide whether accused person eligible for bail
what are 4 conditions of bail?
- reporting to police station
- residing at a particular address
- submitting to a curfew
- the accused surrounds his/her passport
What is the purpose of bail? (2)
- to allow accused to go free until hearing or trial, so they are presumed innocent until proven guilty
- allow person time out of custody to best prepare case
what are 3 reasons bail may be refused?
if the person is:
- charged with murder or treason
- is likely to abscond
- considered to pose an unacceptable risk to society
what is the purpose of remand? (3)
- to protect the community against the actions of an accused as the accused is prevented from reoffending
- ensures accused will appear at next hearing
- prevent accused from interfering w/ witnesses
what is the hand-up-brief used in committal proceedings?
contains written statements (has largely eliminated need for oral evidence)
what are the 4 purposes of committal proceedings?
- determine if the case should proceed (establishing whether prima facie case exists)
- ensure a fair trial (if matter proceeds) by ensuring accused is aware of prosecutions case against them
- clarify the issues in dispute
- determine how the accused proposes to plead
what are the general purposes of criminal sanctions?
punish deter rehabilitate denunciate protect
what will the judge consider when deciding an appropriate sentence? (4)
- the max penalty prescribed for the offence
- the nature and gravity of the offence
- guilty or not guilty plea
- age
what are 3 strengths of bail?
- remand is expensive for state gov.
- uphold the rights of accused persons by treating them asinnocent until they are proven guilty.
- prevents person from being exposed to prison and decreases the likelihood they will offend again (42% recidivism rate)
what are 3 weaknesses of bail?
- risk they may not appear at the next hearing.
- making an application for bail can be time consuming and stressful
- there is a risk the accused will reoffend or cause harm to community
what are 3 strengths of remand?
- ensures justice can be done by guaranteeing accused will appear at next hearing
- remand can protect society
- can ensure that witnesses are protected and evidence is not impeded
what are 3 weaknesses of remand?
- can risk them reoffending because if you go to prison, likely to go back
- doesn’t uphold presumption of innocence
- expensive for state government
what are 3 strengths of committal hearings?
- helps to save time and resources of higher courts
- committal process allows accused to be informed of prosecutions case against them
- the accused can test the strength of the prosecutions case
what are 3 weaknesses of committal hearings?
- complicated, w/o legal aid accused may find hard to understand
- can contribute to the stress and inconvenience experienced by the parties + increased costs for legal rep
- can be considered unnecessary for stronger cases
what is the purpose of a fine? (5)
- punish by taking money
- specific deterrence for offender, general deterrence because possibility of fine
- unlikely to help rehabilitate offender
- denunciation when a large fine is imposed
- doesn’t usually protect society
what is the purpose of a CCO? (5)
- punish as it demands time of offender
- specific deterrence by requiring individual to undertake community work
- rehabilitate by attaching conditions such as treatment for drug abuse
- denunciate if maximum CCO is given
- protect by occupying time of offender
what is the purpose of imprisonment? (5)
- punish because most severe sentence and denies offenders freedom/liberty
- general deterrence as community don’t want to commit crime, not as effective as specific because 42% go back to prison
- opportunity to rehabilitate and undergo treatment for underlying cause of offence
- denunciate by showing courts disapproval, can further denunciate by giving most severe sentence
- protects community as offender is held in custody
What are 2 processes that help achieve timely resolution of disputes?
committal proceedings - ensure there is sufficient evidence to support a conviction by jury. means superior courts not being clogged up with cases unlikely to succeed (saves time for legal system)
directions hearings - designed to speed up processes by having some issues resolved before the trial begins
what are 2 process that hinder timely resolution of disputes?
committal proceedings - can add to delays experienced in some cases
Granting bail is a long and slow process
what is 1 recent change to help the timely resolution of disputes?
weekend bail and remand court - reduces backlog of cases during the week
what is 1 recommendation for change and how would this help timely resolution of disputes?
expansion of the weekend operation of the Melbourne mag court - to other locations to enable greater speed in dealing with applications
what are 2 processes that help achieve entitlement to a fair and unbiased hearing?
committal proceedings - enables accused to learn of prosecutions case against them, helping prepare defence, putting them on equal footing w/ prosecution
police investigation - police powers (questioning, searches) are balanced against individual rights (right to contact legal rep) which makes sure people are treated equally and fairly by the police
