Criminal Investigation And Sanction

Question 1

Define bail

Answer 1

The procedure that enables accused people to be released from custody after being charged waiting their hearing or trail

Question 2

Define charge

Answer 2

When the police formally allege that a person has committed a crime

Question 3

Define custodial sentence

Answer 3

A sentence where the offender is detained in custody (in prison)

Question 4

Define denunciate

Answer 4

Where a court shows disapproval

Question 5

Define guideline judgment

Answer 5

Advice given by the court of appeal that directs what other courts should do when passing sentence in certain types of cases.

Question 6

Define question of law

Answer 6

A dispute about the law that applies to a particular situation

Question 7

Define recidivist

Answer 7

A person who continue to commit crimes despite being punished for them

Question 8

Define rehabilitate

Answer 8

Restore to a life without crime; restore reputation

Question 9

Define remand

Answer 9

A suspect is refused bail and is held in custody until the trial

Question 10

Define right to silence

Answer 10

a person can remain silent during police questioning, except in circumstances when they may be required to give their name and address; a person can also elect to not give evidence in court

Question 11

Define summon

Answer 11

A document telling the accused which court will deal with their criminal case and the mention date (date of first hearing). It is issued if it is believed that the accused will voluntarily attend court, does not pose a danger to the community or will not commit to further offences.

Question 12

Define surety

Answer 12

Person who guarantees the appearance of an accused person at their trail if they have been released on bail

Question 13

What is the process of police investigations?

Answer 13

• crime
• investigation
• suspect located
• questioned by police

Question 14

What are the rights of individual during police questioning?

Answer 14

• informed by police of the charge
• informed by the police of their rights
• right to a communicate lawyers, family or friends before questioning
• to see any rotten statements
• remain silent: the right not to answer any questions during questioning or at the trail, however must supply name and address

Question 15

What powers do police have?

Answer 15

• question suspect for a reasonable time
• use reasonable force to make an arrest
• question witnesses and victims
• arrest with or without a warrant
• take bloody samples with consent or a court order
• engage in entrapment: monitor a person until they do something wrong

Question 16

What is the role of the police?

Answer 16

To serve the community and the law. The police preserve the peace, protect life and property. They prevent crime, detect and apprehend offenders and assist victims of crime or other people in times of emergency.

Question 17

What powers does the court have that can override the police?

Answer 17

The court has the power to exclude any police evidence obtained unfairly or illegally

Question 18

Police can arrest without warrant any person found committing a summary or indictable offence if police believe it is necessary to:

Answer 18

• ensure the appearance of the offender in court
• preserve public order
• Prevent the continuation or repetition f an offence or the commission of a further offence
• ensure the safety and welfare of the public or the offender

Question 19

Police can use reasonable force when making an arrest. This will depend on the circumstances. In making an arrest the police will usually:

Answer 19

• tell the suspect that they are under arrest and depending on the circumstance touch the suspect to indicate that they are detained and must remain with the police
• give a reason for the arrest unless the suspect makes it possible to be given info
• caution the suspect that anything said may be use as evidence in court
• inform suspect of right to make contact with another individual
• take the suspect to the police station for questioning.

Question 20

What is the aim of the criminal sanction, punish?

Answer 20

The law must punish offenders so that victims or their families can seek retribution without taking the law into their own hands. If individuals did take the law into their hands, crime would increase and society would deteriorate. Imprisonment and deprivation of freedom is the ultimate punishment.

Question 21

What is the aim of the criminal sanction, protect?

Answer 21

In some instances it is necessary to protect the community from the offender. In such cases the offender needs to be removed from society to be physically prevented from re-offending.

Question 22

What is the aim of the criminal sanction, denunciation?

Answer 22

Refers to the disapproval by the courts. A particular punishment may be given to show the community that the court disapproves of the offenders conduct.

Question 23

What is the aim of the criminal sanction, deter?

Answer 23

The law aims to deter the offender and the others in society from committing the same or similar offences in the future.

Question 24

What is the aim of the criminal sanction, rehabilitate?

Answer 24

It is in society’s interest to try to help offenders change their ways, otherwise crime rates and prisoners will escalate. In providing offenders with improved opportunities in the form of education, training, assistance and support, the legal system hopes that offenders will grasp the chance of a better future and become law-abiding citizens.

Question 25

What are some sanctions that can be imposed by the courts?

Answer 25

- imprisonment - parole - concurrent and cumulative sentences - indefinite sentences - deferred sentences

Question 26

Discuss imprisonment, which is a sanction that can be imposed by the courts :

Answer 26

Imprisonment is the most serious type of sanction and should be imposed as a last resort. For some serious offences it may be the only appropriate sanction. Victoria operates 14 prisons in metropolitan and country areas, including two privately owned prisons. The parliament has set a statutory (required) maximum penalty for some offences.

Question 27

What is the penalty scale contained in section 109 of the sentencing act 1991 (vic)?

Answer 27

It's a guideline for judges when sentencing an offender. The imprisonment penalty scale has nine levels. Level 1: most severe punishment- represents life imprisonment Level 9: least severe punishment- represents 6 months in prison Maximum penalties reflect the seriousness of the offence and are a guideline for judges in sentencing. They are reserved for the worts samples of an offence, therefore it's rare for an offender to be given maximum penalty.

Question 28

Discuss community correction order, which is a sanction that can be imposed by the courts :

Answer 28

It's a sentencing option which allows the offender to remain in the community. They will be able to maintain their employment and draw on the assistance of family or friends to take responsibility for their actions and avoid reoffending. A community correction order can be combined with either a fine or up to three months imprisonment. When combined with a term of imprisonment, the order will commence on the offenders release from jail.

Question 29

What is the maximum period for an order?

Answer 29

For an order to be set in the magistrates court, it's two years. The maximum period for an order set in the county court or Supreme Court is equal to the maximum term of imprisonment for the offence or two years, whichever is greater. The order must commence within three months of being made.

Question 30

When can a community correction order be used?

Answer 30

It can be used where an offender, who has been found guilty of an offence punishable by more than five penalty units, agrees to the order and the court has received a pre-sentence report.

Question 31

What are the mandatory conditions attatched to the community correction order?

Answer 31

That the offender will: - not reoffend - comply with any other optional conditions set by the courts - notify authorities of a change of address or employment

Question 32

The court must select one or more operational conditions so that the community correction order can be tailored to suit the needs of the offender and the circumstances of the offence committed and may include:

Answer 32

- a fine in addition to the order - a sentence of up to three months imprisonment in addition to the order The court may also specify when each condition must be completed. For a serious breach of order a court can impose three years or a fine of 30 penalty units

Question 33

Discuss fine, which is a sanction that can be imposed by the courts :

Answer 33

A fine is a monetary penalty expressed in levels of penalty units that can be imposed with or without a conviction. Fines are expressed this way to make it easier to change fines across all offences. This can be done by increasing the value of penalty units. When deciding on the level of a fine, the court will consider: - the responsibilities of the offender, including dependants - the financial circumstances of the offender, their income, employment - the value of benefit received by the offender from the offence - any forfeiture, compensation or restitution order imposed.

Question 34

What are two bodies that we can use to obtain legal advice?

Answer 34

The community legal centres, the law institute of Victoria and the justice connect.

Question 35

Discuss what is the community legal center:

Answer 35

There are 51 community legal centres across Victoria that specialise in providing assistance to people in one or more areas of law in a particular geographical location. For example, the tenants Union of Victoria will assist renters with tenancy diputes, while the Barwon Community Legal Service provides general legal assistance to people in the Geelong/Barwon, Colac and Warrnambool regions. The staff running the centres (both legal and administrative) may be paid workers or volunteers. Law students often volunteer to work in these centres to gain practical experience. The centres are funded from a variety of sources including state, federal and local governments, philanthropic foundations and charitable contributions. The centres help people with legal problems, provide free legal advice and help people access the appropriate legal information and assistance. They also contribute to community education and law reform programs.

Question 36

Discuss what the justice connect is:

Answer 36

Justice Connect, once known as the Public Interest Law Clearing House, is a non-profit organisation which specialises in coordinating the pro bono work of the legal profession in cases of public interest. Pro bono work is work that is provided free or at a reduced fee. The aim of Justice Connect is to provide access to the legal system for eligible clients. Eligible clients are non-profit associations with public interest objectives or individuals with a legal matter of public interest who cannot pay for legal assistance elsewhere. Justice Connect matches clients with pro bono members.

Question 37

Discuss the law institute of Victoria:

Answer 37

The Law Institute provides an online directory to help the public find legal professionals and free fact sheets covering a range of legal topics.