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Year 11 VCE Legal Studies - Oxford 15th edition > Chapter 7 - Sanctions > Flashcards

Chapter 7 - Sanctions Flashcards

1
Q

Director of Public Prosecutions (DPP)

A

The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the State of Victoria

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2
Q

Office of Public Prosecutions (OPP)

A

The Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions

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3
Q

Fairness

A

One of the principles of Justice; in Legal Studies, fairness means all people can participate in the justice system and its processes should be impartial and open

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4
Q

Bias

A

A prejudice or lack of objectivity in relation to one person or group

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5
Q

apprehended bias

A

A situation in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case [e.g. a judge or magistrate] might not bring an impartial mind to the case

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6
Q

prosecutor

A

The representative of the prosecution who is responsible for conducting the criminal case and appearing in court

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7
Q

evidence

A

information, documents and other material used to prove the facts in a legal case

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8
Q

victim impact statement

A

a statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

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9
Q

cross-examination

A

the questioning of a witness called by the other side in a legal case

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10
Q

Victoria Legal Aid (VLA)

A

a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer

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11
Q

plea negotiations

A

(in criminal cases) pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)

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12
Q

equality

A

one of the principles of justice; in VCE Legal Studies, equality means people should be treated in the same way, but if the same treatment causes disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system

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13
Q

disparity

A

a situation in which two or more things or people are not equal, and the inequality causes unfairness

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14
Q

oath

A

a solemn declaration by which a person swears the truth on a religious or spiritual belief. Without the religious or spiritual belief, it is called an affirmation

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14
Q

appeal

A

an application to have a higher court review a ruling (decision)

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15
Q

access

A

one of the principles of justice; in VCE Legal Studies, access means that all people should be able to engage with the justice system and its processes on an informed basis

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16
Q

community legal centre (CLC)

A

an independent community organisation that provides free legal services to people who are unable to pay for those services. Some are generalist CLCs and some are specialist CLCs

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17
Q

parole

A

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served.

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18
Q

delegated body

A

an authority or agency given power by parliament to make and/or enforce laws

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19
Q

by-laws

A

local laws or regulations made by local councils that apply to residents in local areas

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20
Q

penalty unit

A

a measurement used to calculate the amount of a fine. The government can change the value of a penalty unit to increase the amount of a fine

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21
Q

international treaty

A

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their local laws (also known as international convention)

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22
Q

Human Rights Charter

A

The ‘Charter of Human Rights and Responsibilities Act 2006 (Vic)’. Its main purpose is to protect and promote human rights

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23
Q

institutional powers

A

the authority (i.e. power) given to bodies (i.e. institutions) such as Victoria Police to undertake certain actions

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24
Q

bail

A

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

25
Q

bail justice

A

a volunteer who works within the justice system, generally outside normal court operating hours, to hear applications in relation to bail or remand

26
Q

conviction

A

a finding of guilt made by a court , whether or not a conviction is recorded. Where a conviction is recorded, it will form part of the person’s criminal record.

27
Q

committal proceeding

A

the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences

28
Q

legal aid

A

legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

29
Q

imprisonment

A

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

30
Q

tribunal

A

a dispute resolution body that resolves civil disputes and is intended to be a less costly, more informal and faster way to resolve disputes than courts

31
Q

complaints body

A

an organisation established by parliament to resolve formal grievances (i.e. complaints) made by an individual about the conduct of another party

32
Q

committal hearing

A

a court hearing that is held as part of the committal proceeding in the Magistrates’ Court. At a committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

33
Q

jurisdiction

A

the lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases

34
Q

original jurisdiction

A

the power of a court to hear a case for the first time (i.e. not on appeal from a lower court)

35
Q

appellate jurisdiction

A

the power of a court to hear a case on appeal

36
Q

intervention orders

A

a court order that is designed to protect a person, children and their property from another person

37
Q

jury directions

A

instructions given by a judge to a jury either during or at the end of a trial

38
Q

remand

A

the situation where an accused is kept in custody until their criminal trial can take place

39
Q

unanimous verdict

A

a decision where all the jury members are in agreement and decide the same way (e.g. they all agree the accused is guilty)

40
Q

majority verdict

A

a decision where all but one of the members of the jury agree. In a criminal trial this means 11 of the 12 jurors agree

41
Q

parliamentary committee

A

a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party

42
Q

Royal Commission

A

the highest form of inquiry into matters of public concern and importance. Royal commissions are established by the government and are given wide powers to investigate and report on an important matter of public concern

43
Q

intergenerational trauma

A

a psychological response to highly distressing, stressful or oppressive historical event, such as war or significant injustices, which is passed on to future generations. First Nations people experience intergenerational trauma for many reasons, including being subjected to brutal and harmful government policies, racism and discrimination since the British colonisation of Australia

44
Q

customary law

A

a body of norms, practices and beliefs that a local community or group of people accept as legal requirements or rules of conduct

45
Q

Sentencing Advisory Council

A

an independent statutory body that provides statistics on sentencing in Victoria, conducts research, seeks public opinion and advises the Victorian Government on sentencing matters.

46
Q

diversion program

A

a method used in the Magistrates’ Court and Children’s Court to ‘redirect’ offenders away from the court and avoid a criminal record by placing them on a plan

47
Q

punishment

A

one purpose of a sanction, designed to penalise (punish) the offender, and show society and the victim that criminal behaviour will not be tolerated

48
Q

deterrence

A

one purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences

49
Q

general deterrence

A

one purpose of a sanction, designed to discourage others in the community from committing similar offences

50
Q

specific deterrence

A

one purpose of a sanction, designed to discourage the offender from committing further offences

51
Q

denunciation

A

one purpose of a sanction, designed to demonstrate the community’s disapproval of the offender’s actions

52
Q

protection

A

one purpose of a sanction, designed to safeguard the community from an offender by preventing them from committing a further offence (e.g. by imprisoning the offender)

53
Q

rehabilitation

A

one purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future

54
Q

fine

A

a sanction that requires the offender to pay an amount of money to the state

55
Q

community correction order (CCO)

A

a flexible, non-custodial sanction (one that doesn’t involve a prison sentence) that the offender serves in the community, with conditions attached to the order

56
Q

recidivism

A

re-offending; returning to crime after already having been convicted and sentenced

57
Q

aggravating factors

A

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

58
Q

mitigating factors

A

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

59
Q

Drug Court

A

a specialised court that is able to impose a drug treatment order on an offender where drugs or alcohol contributed to the commission of the offence

60
Q

drug and alcohol treatment order

A

a type of sanction imposed by the Drug Court that aims to treat the underlying causes of offending, and includes both the treatment and custody of the offender

61
Q

Koori Court

A

a division of the Magistrates’ Court, Children’s Court and County Court that (in certain circumstances) operates as a sentencing court for First Nations people

Year 11 VCE Legal Studies - Oxford 15th edition (6 decks)

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