Chapter Thirteen Flashcards
Define Plea-bargaining
A late plea of guilt that is made by the defendant in exchange for a negotiated reduced sentence.
Define Court of Appeal
The introduction of a court of appeal separate from the supreme court which exclusively deal with appeals from lower courts.
Define State administrative Tribunal
A recently introduced court which groups together over forty boards and tribunals involving human rights, infrastructure development and commercial issues.
Define Alternative Dispute Resolution
Any dispute resolution process that does not involve the use of the traditional court structure.
Define Mediation
A type of alternate dispute resolution involving a third party mediator who helps both parties define the dispute and what they are looking to get out of the dispute, and then trying to issue a compromise for the two parties.
Define Mandated Mediation
Some courts have incorporated the use of mediation to the point where it is required for parties to undergo mediation before the trial can begin. In the family court for instance, in all divorce cases both parties are required to have mediation sessions before the case begins. Additionally, almost all civil disputes in the WA supreme court are required to undergo mediation before they go to trial.
Define Pre-trial Diversion
An alternative to formal trial process which involves the person who has committed the crime being issued a number of conditions by the court. If all these conditions are filled, the charges against this person will be dropped. Diversion is most often used in cases which involve juveniles.
Define Crime Prevention Strategies
Any initiative that tries to improve the condition of life for young people and aims to develop more trust between youths and law enforcement agencies. Crime prevention programs can also aim to reduce the level of recidivism among young people.
Define Decriminalization
The process of removing a certain offence from the law and reducing the severity of committing certain offences.
Define De-institutionalization
The process of removing institutions which group certain people together, for example orphanages have been completely abolished, mental asylums are far fewer and juvenile detention centres have been avoided more by the courts.
Define Police Cautions
A form of diversion that is undertook by the police for young people who have committed certain offences. Police cautions can either be formal or informal, however all cautions involve the youth undergoing a formal interview process with a police officer at the station often in accompany with an adult. The youth is the usually assigned some community service or other programs.
Define Informal Police Cautions
Police cautions that are not put on record.
Define Formal Police Cautions
Police cautions which are put on an official record.
Define Family Group Conferencing
Another form of diversion, where the offender admits guilt and is required to attend a formal conference where the police, conference convener, victim and family of the victim and the offender and their family are required to attend. All get a chance to speak, and the sanctions for the offender are discussed with all.
Define Mention Court
Used in WA criminal court proceedings, it replaced preliminary hearings as a form of faster more efficient court procedure. Mention courts ensure that the accused is fully informed of what they are being accused of, the prosecution reveals all evidence and the defendant reveals the line of argument in their defence.