Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Legal > Criminal Justice System > Flashcards

Criminal Justice System Flashcards

1
Q

Criminal Justice System

A

a set of processes and institutions used to investigate and determine criminal offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Accused

A

a person charged with a criminal offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sanction

A

a penalty imposed by a court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Australian Consitution

A

a set of rules that guide the way Australia is governed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Prosecutor

A

the Crown in its role of bringing a criminal case to court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Fairness

A

having fair processes and a fair hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Equality

A

people are equal before the law and have the same opportunity to present their case without advantage or disadvantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Access

A

everyone should be able to understand their legal rights and pursue their case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Appeal

A

an application to have a higher court review a ruling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Rule of law

A

everyone in society is bound by law and the laws must be fair and clear

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Summary Offence

A

a minor offence generally heard in the Magistrates Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Indictable Offence

A

a serious offence heard in either the County Court or Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Indictable Offence heard summarily

A

a serious offence which can be heard and determined by a magistrate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Burden of Proof

A

the responsibility to prove a case lies with the prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Standard of Proof

A

the degree to which a case must be proved in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Beyond Reasonable Doubt

A

the standard of proof

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Presumption of Innocence

A

the right of the accused

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Common Law

A

made by judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Bail

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Aggravating Factor

A

heightens accused’s sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Mitigating Factor

A

reduces accused’s sanction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Rights of an accused

A
  • Right to be tried without unreasonable delay
  • Right to a fair hearing
  • Right to trial by jury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Rights of a victim

A
  • Give evidence as a vulnerable witness
  • Right to be informed about proceedings
  • Right to be informed of a likely release date
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Victim

A

a person who has suffered injury as a direct result of a criminal offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Vulnerable witness
considered to be impressionable or at risk
26
Alternative arrangements
- protective screens - closed circuit television - presence of a support person
27
Protected witness
complainant, accused or family member of either
28
Right of a protected witness
not be cross-examined by the accused themselves
29
Victorian Legal Aid
government agency that provides free or low=cost legal assistance
30
Role of VLA
provide legal assistance, make reform recommendations
31
Income test
applied by VLA to determine if the accused is eligible for a duty lawyer by satisfying that their main source of income is welfare
32
Means Test
applied by VLA to determine if the accused is eligible for full legal representation, takes into account income and assests
33
Community Legal Centres
legal assistance service
34
Role of CLCs
to provide legal information, assistance and advice
35
Specialist CLC
particular group of people
36
Generalist CLC
particular geographical area
37
Committal Proceedings
processes and hearings that take place in the Magistrates' Court for indictable offences
38
Purpose of Committal Proceedings
to test the strength of the prosecutions case
39
Committal Hearing
last stage of committal proceedings
40
Strengths of Committal Proceedings
- saves time and court resources by filtering out weak cases | - allows accused to be informed of prosecution's case
41
Weaknesses of Committal Proceedings
- can add to delay | - contribute to stress and trauma of trial for accused, victim and family
42
Plea Negotiations
discussions between the prosecutor and accused about the charges
43
Purposes of Plea Negotiations
to resolve a criminal case by ensuring a plea of guilty
44
Strengths of Plea Negotiations
- save time and cost of full trial - accused by receive less harsh sentence - saved stress and trauma of full trial
45
Weaknesses of Plea Negotiations
- self represented accused may not fully understand - can be held privately - views of lenience
46
Sentence Indications
a statement made by a judge to an accused about the likely sentence they could face if they plead guilty
47
Sentence Indications for Indictable Offences
accused has to apply for it and prosecution must agree, can only be given once, if plead not guilty different judge presides
48
Sentence Indications for Summary Offences
don't need prosecution consent
49
Purposes of Sentence Indications
- provide clarity to accused | - encourage a plea of guilty
50
Strengths of Sentence Indications
- save time and cost of full trial - conducted in open court - possible lesser sentence - greater certainty
51
Weaknesses Of Sentence Indications
- judge not obligated to grant accused's request - indication may be given before all the facts have been presented - denies victims their day in court
52
Original jurisdiction
power of a court to hear a case for the first time
53
Appellate jurisdiction
ability of a court to hear a case in which a decision is being reviewed
54
Responsibilities of a Judge
- make sure correct court procedure being carried out - act impartial - manage a trial - decide on admissibility of evidence (Evidence Act 2008) - Attend to jury matters - Hand down sentence (Sentencing Act 1991) - Assist self represented parties
55
Responsibilities of a jury
- be objective - listen and remember evidence - deliver a verdict
56
Responsibilities of Parties
- give opening address - impanelling jury - present party's case - give closing address - make submissions about sentencing
57
Responsibilities of Legal Practitioners
- be prepared - comply with their duty to the court - present the case in best light possible
58
Purposes of Sanctions
- Rehabilitation - Punishment - Deterrence - Denunciation - Protection
59
Denunciation
disapproval of the court
60
Deterrence
discourage
61
Fines
money ordered to be paid by offender to the state
62
Community Correction Order
supervised sentence served in the community
63
Conditions of the CCO
- must not commit another offence - report to officer - not leave Vic without permission
64
Imprisonment
removal of an offender from society
65
Recidivism
40% of prisoners re-offend

Legal (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions