Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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
Q

Vulnerable witness

A

considered to be impressionable or at risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Alternative arrangements

A
  • protective screens
  • closed circuit television
  • presence of a support person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Protected witness

A

complainant, accused or family member of either

28
Q

Right of a protected witness

A

not be cross-examined by the accused themselves

29
Q

Victorian Legal Aid

A

government agency that provides free or low=cost legal assistance

30
Q

Role of VLA

A

provide legal assistance, make reform recommendations

31
Q

Income test

A

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
Q

Means Test

A

applied by VLA to determine if the accused is eligible for full legal representation, takes into account income and assests

33
Q

Community Legal Centres

A

legal assistance service

34
Q

Role of CLCs

A

to provide legal information, assistance and advice

35
Q

Specialist CLC

A

particular group of people

36
Q

Generalist CLC

A

particular geographical area

37
Q

Committal Proceedings

A

processes and hearings that take place in the Magistrates’ Court for indictable offences

38
Q

Purpose of Committal Proceedings

A

to test the strength of the prosecutions case

39
Q

Committal Hearing

A

last stage of committal proceedings

40
Q

Strengths of Committal Proceedings

A
  • saves time and court resources by filtering out weak cases

- allows accused to be informed of prosecution’s case

41
Q

Weaknesses of Committal Proceedings

A
  • can add to delay

- contribute to stress and trauma of trial for accused, victim and family

42
Q

Plea Negotiations

A

discussions between the prosecutor and accused about the charges

43
Q

Purposes of Plea Negotiations

A

to resolve a criminal case by ensuring a plea of guilty

44
Q

Strengths of Plea Negotiations

A
  • save time and cost of full trial
  • accused by receive less harsh sentence
  • saved stress and trauma of full trial
45
Q

Weaknesses of Plea Negotiations

A
  • self represented accused may not fully understand
  • can be held privately
  • views of lenience
46
Q

Sentence Indications

A

a statement made by a judge to an accused about the likely sentence they could face if they plead guilty

47
Q

Sentence Indications for Indictable Offences

A

accused has to apply for it and prosecution must agree, can only be given once, if plead not guilty different judge presides

48
Q

Sentence Indications for Summary Offences

A

don’t need prosecution consent

49
Q

Purposes of Sentence Indications

A
  • provide clarity to accused

- encourage a plea of guilty

50
Q

Strengths of Sentence Indications

A
  • save time and cost of full trial
  • conducted in open court
  • possible lesser sentence
  • greater certainty
51
Q

Weaknesses Of Sentence Indications

A
  • 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
Q

Original jurisdiction

A

power of a court to hear a case for the first time

53
Q

Appellate jurisdiction

A

ability of a court to hear a case in which a decision is being reviewed

54
Q

Responsibilities of a Judge

A
  • 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
Q

Responsibilities of a jury

A
  • be objective
  • listen and remember evidence
  • deliver a verdict
56
Q

Responsibilities of Parties

A
  • give opening address
  • impanelling jury
  • present party’s case
  • give closing address
  • make submissions about sentencing
57
Q

Responsibilities of Legal Practitioners

A
  • be prepared
  • comply with their duty to the court
  • present the case in best light possible
58
Q

Purposes of Sanctions

A
  • Rehabilitation
  • Punishment
  • Deterrence
  • Denunciation
  • Protection
59
Q

Denunciation

A

disapproval of the court

60
Q

Deterrence

A

discourage

61
Q

Fines

A

money ordered to be paid by offender to the state

62
Q

Community Correction Order

A

supervised sentence served in the community

63
Q

Conditions of the CCO

A
  • must not commit another offence
  • report to officer
  • not leave Vic without permission
64
Q

Imprisonment

A

removal of an offender from society

65
Q

Recidivism

A

40% of prisoners re-offend

Legal (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions