criminal law 2a (1st term) Flashcards
lesson one
define court hierarchy
- the court hierarchy is a ranking of the courts based upon the severity & complexity of the cases in which they can adjudicate.
- each court has its own jurisdiction which can be considered an original jurisdiction or appellate
lesson one
define jurisdiction
- the legal authority of a court to decide legal cases
lesson one
define original jurisdiction
- the power of a court to hear a case for the 1st time
lesson one
define appellate jurisdiction
- the power of a court to hear a case on appeal
lesson one
what are the 2 reasons for court hierarchy?
- specialisation
- appeals
lesson one
define specialisation
- the lvl of expertise gained by the j / m which is dev. from hearing the same matters repeatedly. this allows j / m to resolve disputes in a more consistent, efficient & fair manner
lesson one
how does specialisation lead to increased efficiency?
- b/c judges are likely to have to refer to past precedents through research, helping to est a great knoweldge of law and sim case matters
lesson one
what is an example answer of linking the reason of specialisation to the existence of a hierarchy?
- a hierarchy allows for spec. b/c the ranking of courts ensures that there are clear jurisdictional boundaries for where crim. matters can be heard which reinforces judges’ ability to dev. their expertise.
- if there was X hierarchy, judges would be exposed to all varieties of cases, lim their opp to dev expertise
lesson one
what is the structure for answering reasons for court hierarchy questions?
- explain the reason e.g. spec.
- use an example of a court to reinforce your response
- link back to how a court hierarchy promotes this
lesson one
what is an example of specialisation?
- w/n CC:
- hears IO - gen X involving a homocide
- j have dev spec in those matters incl elements of each crime that needs to be proven
- j dev exp in jury matters
- j can hear appeals from MG on leniency & severity of sentencing –> consistency
lesson one
define appeals
- the application / process to have a higher court review a ruling / decision / judgement at trial
- X re-trial w/ jury
lesson one
why are appeals needed?
- appeals allow for a party (appellant) who is dissatisfied w/ a judgment at trial to take a matter to a higher court for review. the system allows for fairness so that any mistakes made at trial can be corrected
lesson one
what are the grounds for appeals?
- question of law
- appealing a conviction
- appealing a sentence
lesson one
what does question of law mean?
- the appellant can argue that th law has X been followed
- e.g. allowing inadmissible evidence or the incorrect application of a statue
lesson one
what does appealing a conviction mean?
- the offender can argue that the burden / standard from the pros. has X been met
lesson one
what does appealing a sentence mean?
- the pros. can appeal a sent. on grounds of leniency & the off can appeal a sent arguing it is too severe / excessive
lesson two
who are considered the key personnel w/n the courtroom?
- the judge (mag)
- the jury
- the parties
lesson two
what is the purpose of the judge?
- the purpose of a judge in trial is to act as a referee/ they oversee the case to ensure that court procedures are carried out in accordance w/ the rules to ensure that parties are treated fairly
- judges must = imp, X favour any sie & have X connection to the pros or acc
lesson two
what does it mean for a judge to be impartial?
- must be unbiased
- X favour one side or be vested in the outcome of the case
- should X have apprehended bias = create a situation where a reasonable person may believe that the judge hearing the case may X bring an impartial mind
lesson two
how do judges act impartial?
- managing the trial
- decide on the outcome of the case
- sentencing the offender
lesson two
how do judges manage the trial?
- ensuring that court procedures are followed; both parties have the same opp to present their case
- asking clarifying questions of wit, calling new wit
- adjourning - taking breaks in the rial to ensure that there is X disparity e.g. if a witness was hsowing signs of distress & cont. to testify may lead to inacc information
- det admissibility of evidence = evid must be relevant to issue / hearsay evid X admissible
lesson two
how do judges decide on the outcome of the case?
- giving direct. to jury to ensure a fair trial - informing the jury that acc is X req to give evid –> reinforcing that jury needs to apply the elements of the law
- expl. leg def to the jury
lesson two
how does the judge complete the sentencing of the offender?
- if acc found g. by jury / pleads g –> parties will make submis. for sentencing
- judge must follow the Sentencing Act 1991 (vic) & comply w/ leg.
- judge must factor in agg / miti / VIS should there be one to ensure procedural fairness in sentencing
lesson two
what is the purpose of the jury?
- the purpose of the jury in an indict trial is to det. the g of the acc through being a ‘decider of the facts’
- must be imp & base their decision on the evidence presented whilst applying the law in an indep manner
lesson two
what are the roles of the jury?
- be objective
- listen & remember evidence
- understand directions & summing up
- deliver a verdict
lesson two
what does it mean for the jury to be objective?
- unbiased & put aside any prej.
- have X connection w/ any of the parties (acc / wit / pros. / judge)
- dec. the g of the acc based upon evid. & facts rather than personal bias
lesson two
what does it mean for the jury to listen & remember evidence?
- jury mem = take notes to rem. infor. presented at trial
- conc. on infor. presente to them during trial
- mem = X conduct res / own invest. or make any additional enquires –> discharged or fin. penalties
lesson two
what does it mean for juries to understand directions & summing up?
- listen to judge for direct. & explan. on point of law
- req. an explan of leg ele / term that = unclear
e.g. in sexual offence cases being aware of the def of consent
lesson two
what does it mean for the jury to deliver a verdict?
- part w/ other jurors during delib & form an opinion about which party they believe
- make dec on the facts of the case
- reach a unani verdict for murder, treason or drug off
- maj verdict = accep for other indict off
lesson two
who is the prosecution?
- the legal personnels brining the crim matter to court (incl barr & sol)
lesson two
who is the accused?
- person who has been charged w/ a crim matter
lesson two
who are the two parties in a criminal case?
- pros.
- acc.
lesson two
what is the purpose of the parties?
- the purpose of the parties in a criminal case is to exercise ‘party control’
lesson two
define party control
- dec what & how they will present their case to the jury / judge to prove their case
lesson two
what is the party control for the pros?
- presenting their case in a way that meets the burdern & standard of proof
lesson two
what is the party control for the accused?
- remaining silent, cross-exam of wit, dec what evid to present to case doubt in the pros case &/or def their innocence
lesson two
what is the role of the prosecution?
- to rep the state (vic) & bring the acc. to court to answe for their crime & seek justice for the victim/s
- to do so they are resp for org & pres their case to the judge / jury w/ specific roles
lesson two
what are the specific role to which the prosecution must present their case?
- discolse info to the acc.
- part in the trial
- sub reg sent
lesson two
what does it mean for the prosecution to disclose info to the acc
- informing the acc of the evid that will be presented in court
- names & statments of wit
- prior conict of wit for cross-exam
lesson two
what does it mean for the prosecution to participate in the trial?
- presenting an opening address to the court which outlines the charges, issues & evid that will be presented / closinf address
- pres. evid that supports their case incl examination in chief
- cross-exam - questioning wit called by acc
lesson two
what does examination in chief mean?
- questioning their own wit. = Lay wit (who saw it happen) & exp wit (prov info based on their prof spec)
lesson two
what does it mean for the prosecution to make submissions regarding sentencing?
- inform the court about any relevant matters about the offence or the offender relevant to sentencing
lesson two
what is the role of the accused?
- to present theie ‘side’ of the case w/ support from their leg rep.
- pres evid that contradicts or casts doubt over the pros. case
lesson two
how doe the accused cast doubt on the prosecutions case?
- participate in the trial
- make submissions regarding sentencing
lesson two
what does it mean for the accused to participate in the trial?
- remain silent & do nothing if they wish
- present a def
lesson two
how does the accused present a defence?
- pres an opening address - summ all the evid that they will outline during trial
- pres evid to supp their case -calling wit
- pres evid to supp their statements
- cross exam wit called by the pros
lesson two
what does it mean for the accused to make submissions regarding sentencing?
- once found g, offender entit to make sub about sent
- they make pres relevant inform to judge which is aimed at receiving a lighter sentence
lesson three (19)
who are legal pracitioners?
- indiv = leg trained to pres. their cases, other than judges.
- lawyers that hold a prac. certificate & can either on behalf of their client (acc) ot, to rep the state
lesson three (19)
what are the types of legal practitioners?
- barristers
- solicitors
lesson three (19)
who are barristers?
- lawyers that are spec. trained to pres the case at trial
- stand up & address the j & j
- present evid
- outline facts of the case
- exam wit
lesson three (19)
who are solicitors?
- lawyers that are involv in prep the case
- –> locate documents, liase w/ police, obtain copies of evid, prep wit for trial, prov. barr w. instruct for trial
- lawyer = indivi see for advice = ‘desk based’ rather than courtroom
lesson three (19)
overall why are legal practitioners needed?
- needed for the acc to uphold the princ of just: f / e / a w/n the crim just system
lesson three (19)
what are legal practitioners specifically needed for?
- draft docs & letters to clients
- res the law & pres evid
- opening & closing addresses
- making evid sub
lesson three (19)
what does it mean for legal practitionerst to be needed for drafting documentations & letters for clients?
- freq comm w/ clients –> gather nec info
- prov leg advice
- ensure all rel doc = org
- sol = maintain client files by ensuring imp details & records = sec man & readily acc for dur of leg proceedings
lesson three (19)
what does it mean for legal practitioners to research the law & present evidence?
- gather rel info
- conduct int w/ wit
- rev doc
- scrut prev leg decisions (finding prec to conduct their case)
lesson three (19)
what will be included when a barrister outlines their parties case?
- summ of evi they will / have pres
- facts want court to accept as true based on evid
- ## pros barr = summ leg arguments about why acc = guilty BRD
lesson three (19)
what does it mean for the legal practitioners to complete opening & closing addresses?
- the barrister will outline thier party’s case at the beginning & end of the trial
lesson three (19)
what does it mean for legal practitioners to make evidence submissions?
- pros & acc person’s barr = make sub to judge as to whether certain evid should / should X be put before the jury
- –> evid that might prej the jury (e.g. prior convic)
lesson three (19)
what is the accuseds choice regarding self-representation?
- acc = choose to self-rep = summ & ind off
- if acc X aff lawyer & X access VLA or rec assist req through CLC’s –> may need to self-rep
- acc X forced to have leg rep for their case
- acc can dismiss their leg rep & choose to self-rep during trial (X precursor for an appeal)
lesson three (19)
what does the criminal procedures act 2009 (vic) give courts?
- gives the courts ability to adjourn a trial for ind. off. until leg rep via VLA = prov
lesson three (19)
wht must the court be satisfied of to adjourn a case due to legal representation?
- court must be sat. that ac person = X receive fair trial w/o leg rep
- the BOP is on the acc to est they X afford to pay the full cost of obt leg rep
lesson four (20)
what are the 3 factors within the criminal justice system that can influence whether the principles of justice are achieved?
- cost
- time
- cultural differences
lesson four (20)
where do costs arise from?
- obtaining legal advice - sol fees
- rep a client in court - barr fees to pres argu & evid in court
- wit fees - payments to exp wit to chall wit stat.
- delays - court backlogs –> incr fees as trial may last longer
- cost to appeal - fees to file an appeal & hiring pot. more exp. leg rep to present arg for an appeal
lesson four (20)
how can an accused recover costs?
- they are acquitted of the crime - found X guilty
- succ appeal against a conviction
lesson four (20)
how are costs addressed?
- access to VLA & CLCs
- committal proceedings
- plea neg.
lesson four (20)
how does access to VLA & CLCs address costs?
- ongoing funding into VLA &CLCs ensure more loc & res provided for indiv to access
- strict inc, m & m crit ensure most vul indiv recieve access
- add res (online websites) created to cater for self-rep indiv
- justice conn est fewer than 1/2 indiv that require leg hel will gain access
lesson four (20)
how do committal proceedings address costs?
- use of comm for i.o. –> filtering out of weaker cases
- prom early guilty plea which will resolve matter faster
- decr in leg costs for acc
lesson four (20)
how do plea negotiations address costs?
- allow opp for acc to discuss w/ pros a plea to less / few charges
- prom early res of crim case
- dec in costs for acc
lesson four (20)
what are time factors in the legal system?
- concerned w/ how long crim matter is resolved & the extent of delays
lesson four (20)
what are examples of delays within the legal system?
- court backlogs - caseload of vic courts cont grows
- trial procedures - the Q-A process for evid during trial can take sig time to be presented
- the collection of evidence to put together a convincing case
- judges giving directions to juries under Juries Direction Act 2015
- mistrials –> result in re-trials being conducted
- appeal judgements & sentences can be delivered
lesson four (20)
what is the impact of delays upon victims?
- the longer the case is delayes –> longer the suff of the victims & their fam
- in this period of limbo = X closure & X certainty the justice = served
lesson four (20)
what is the impact of the delays upon witnesses?
- giving evid in crim trial = extremly stressful for wit & as such delays when awaiting this process = add to wit stress
- b/c crim trials often rely on oral evidence then incr delays –> memories of wit may fade over time –> lim accuracy & rel of their statements b/c forget clarity of occ
lesson four (20)
what is the impact of delays upon the accused?
- awaiting a trial w/ an outcome unresolves = stressful for acc & their fam
- accused may be held in remand during this time lim their freedom / ability to work & supp their fam
lesson four (20)
what is the impact of delays upon the community?
- remains at risk if those charged w/ vio offences remain in comm prior to trial such as being out on bail
- more time takes to resolve a crim matt –> comm may lose faith in leg system ability to protect & keep them safe
lesson four (20)
how is time (delays) addressed?
- plea negotations
- judge alone trials
- use of tech
lesson four (20)
how do plea negotiations address delays?
- allow the acc to plead guilty
- –> X trial occurs & acc can await sent
- allows more eff reso of disputes
lesson four (20)
what are judge alone trials?
- intro in C-19
- temp leg allowed indict matters to be heard by judge alone provided acc consented, acc obtained leg ad. & court consid it in int. of justice
lesson four (20)
how does the use of technology address delays
- dig tech –> acc attend hearings remotely
- acc reamin in remand & att via vid link
- online Mag court program enables cases to be heard online w/ parties appearing from remote loc
lesson four (20)
what are cultural factors?
- the challenges that arise for indivi w/n crim just sys arising from their race or ethnicity
lesson four (20)
why may challenges arise because of cultural factors?
- each party is resp for pres & org their own case
- jusge must be imp & X assist
- jury = decider of facts & guilt
- process leading up to trial is complicated
- all procedures = conduct in eng unless interp used
lesson four (20)
who are some groups impacted by cultrual factors?
- recent migrants
- asylum seekers
- refugees
- First Nation ppl
- older non-eng speaking / fluent ppl
lesson four (20)
how are refugees and recent migrants impacted by cultural factors?
- eng X 1st lang
- crim just sys = complx w/ leg jargon
—> t/f indiv w/ lim compreh of eng = may fail undeertand rights / court doc / court proc / Qs asked during trial
rec ref = may have mistrust of poluce & crim just sys dep on past experiences of corruption in home countries or exper w/ detention in Aust
lesson four (20)
how are First Nation people impacted by cultural factors?
- giving oral evid = main method used to outline info to court –> inapp for FN wit X used to this method b/c in FN cult, group agreement & long discu = way to resolve disag. & trad land –> strug w/ compreh
- t/f appear dishonest & evasive in court when avoiding yes/no response –> if jury X understand nuiances –> Q trust
lesson four (20)
what are examples of cultural taboos
- FN cultures = considered taboo to speak of certain things = names of dec ppl or mention gener-based knowledge in front of other gender
- in other cult retelling of sex / dom abuse = consid shame on fam & highly discouraged b/c seen as dividing fam
lesson four (20)
how are cultural differences addressed?
- the use of the Koori Court
- interpreters
- the evidence Act 2008
lesson four (20)
what is the aim of the koori court?
- aims to provide more FN off w/ access to cult-relevant sent that more effectively acts to reduce reoff
lesson four (20)
what is the koori court?
- crim div of MC & CC
- sentencing court X trail
- accused must plead guilty
- sentencing proc = informal / inv opp for indiv to tell their story to elders & recieve supp of their fam
- restirctions = X hear matters = sexual offences, fam vio or breach of int order
lesson four (20)
how do interpreters address cultural differences
- avail for all acc persons
- onus to pay & arr for an int = on courts as opposed to the acc
- –> allows non-eng speakers to understand court proceedings better without having to pay sig expenses
lesson four (20)
how does the evidence act 2008 (vic) address cultural differences?
- est the circum where evidence X be admitted to courts due to the acc or vic accounts being unrel as a result of lang barriers
–> leg info prov through VLA & CLCs = diff lang to assist ppl in understanding their rights & leg processes
lesson five (21)
what is the legislation that addresses sanctions and their purposes?
- the Sentencing Act 1991 (Vic)
lesson five (21)
what does the sentencing act 1991 (vic) establish?
- est the sentencing authority of courts to impose sanctions & outlines the five purposes in which judges consider when handing down a sentence
lesson five (21)
what are the five purposes jusges should consider when handing down a sentence?
- to rehabilitate the offender
- to punish the offender
- to deter the offender & the comm from committing the crime
- to denunciate the action on behalf of the community
- to protect the community from the offender
lesson five (21)
what does rehabilitation mean?
- to support / restore
- adopts the perspective that there is a reason / cause / ‘driver’ to the off actions whci hcan be ‘restored’ or addressed through the crim just sys
- aims to provide a cure / framework of supp for the off & can be embedded w/n sanctions
lesson five (21)
what are examples of causes to a criminal offence?
- lack of work opp (lim $) –> desp or bored –> stealing / selling drugs ect.
- drug & or alcohol addiction
- mental illness that is X addressed –> X resources to access counselling
- anger –> resentment
- lim edu
lesson five (21)
what are measures to address causes for criminal offences?
- att edu classes whilst serving a prison sentence to incr skills
- att counselling
- att therapy
- completion of workshops/classes
lesson five (21)
what can successful rehabilitation lead to?
- greatly red the rate of recidvism (reoffending/returning to crime)
lesson five (21)
what is the purpose punishment?
- to inflict pain / loss or an inconenvience to senure the off is penalized proportionally & held accoutable for thier actions.
- it should take into consideration the impact of their crime on victims, their families, the nature of the offence & society
- proportionally = match gravity / degree / severity / seriousness of the offence
lesson five (21)
what are examples whereby rehabilitation may not be a priority as a purpose for a sanction?
- offences where victim is placed in fear
- repeated offending
- age, the younger the incr pospect (less fixed in way)
lesson five (21)
what does deterrence mean?
- the act of discouraging an offender or other individuals from reoffending or committing sim crimes through crim sanctions
lesson five (21)
what are the two types of deterrence?
- specific deterrence
- general deterrence
lesson five (21)
what does specific deterrence target?
- ragets the offender & attempts to discourage them from reoffending
lesson five (21)
what does general detterence target?
- targets the community - by seeing what sanctions the offender has recieved for their offence this will hopefully discourage others from committing the same action
lesson five (21)
what does denunciation mean?
- to publicaly condemn an offender’s behav / to show society’s disapproval
- court denounces off actions –> highlights extent to which off = violated moral & eth standards of society
- can occur during judeg’s statement at end of hearing / trial
lesson five (21)
what does protection refer to?
- to ensure off X pose a sig risk to welfare & safety of their victims & broader soc
lesson five (21)
what are examples of sanction to protect the community?
- imprisonment - whereby off = removed from comm & held in cust. until a non-p period is achieved
- CCO - conditions of comm corr - prev off from visiting certain places, a curfew or bond payment that is forfeited upon the contravention of CCO
lesson six (22)
what is the legislation that outlies the types of sanctions?
- the sentencing act 1991 (vic)
- –> outlines the types of sanctions that judges can impose after the accused has pleaded guilty or found guilty
lesson six (22)
what is the purpose of the sentencing act 1991 (vic)?
- promote consistency
- provide dair & transparent procedures
- prevent crime & promote respect for the law
lesson six (22)
what is a fine?
- a sanction that requires the offender to make a monetary payment as a penalty for a criminal offence
- cal. based upon penalty unites / 1 pu = $192.31
lesson six (22)
what factors are considered for the amount given within a fine?
- purpose the court wishes to achieve (e.g. deter / punish)
- agg & miti factors
- offender ability to pay the fine
lesson six (22)
where does the money from fines go?
- to govt, to court funds to resource charities or leg resources
lesson six (22)
what is a community corrections order (CCO)?
- a non-cust order by the court that allows the offender to remain w/n the comm w/ certain conditions attached
lesson six (22)
when can a CCO be imposed?
- the offence = punishable by 5 pu or more e.g. posting bills / posters, disorderly conduct, wilful damage to prop
- when judge believes a fine alone is X approp
- off agreed to CCO
lesson six (22)
what is the duration of a CCO?
- single offence = max = 2 yrs
- mult offences = up to 5 yrs
lesson six (22)
what are the conditions of a CCO?
- CCO include standard cond & add cond
- breaching CCO cond = offence carrying max pen of 3 mths impris
lesson six (22)
what are CCO standard conditions?
- X reoffend during the duration of the CCO
- X leave vic w/o perm
- notify CCO sup if change of address
- comply w/ dir given by CCO
lesson six (22)
what are additional CCO conditions?
- compl 600 hrs comm serv
- abiding curfew
- undertake med treatment of rehab prog for dr & alco addic
- avoiding contact w/ part person incl an accomplice
- staying away from part place / sub
- ankle monit
- X consume alco or attend lic venues = bars / nightclubs
lesson six (22)
what is imprisonment?
- a sanction that removes an off from comm & places them in priosn for a given period of time
- prison term = min period of impris after which apply for parole
lesson six (22)
what is parole?
- the early release of a prisoner after their min term is served which is subject to superv & cert condi
lesson six (22)
what are concurrent sentences?
- a sentence of impris or detention that is served at the same time as another when the off is convicted of more than one crime
- e.g. 3 yrs impris for all the offences that they were charged w/
lesson six (22)
what are cumulative sentences?
- a sent of impris or deten that is served one after the other
- e.g. sentence for the 2nd offence begins after the completion of the last
lesson six (22)
what are the conditions of imprisonment?
- loss of personal freedom
- inability to see fam & friends other than through visitation
- loss of inc & job pros
- programs w/n prisons = aim to address causes for off (coun / dr & alco prog = combat addic)
- pris = learn new skills = tafe quali whilst in cust
- pris = work w/n prison = kitchen / laundry
- h/w despite this vic recid rate = 43.3% off reoff w/n 2 yrs
lesson seven (23)
what are aggravating factors?
- facts, circum about the offender or, the offence that tends to incr. the off culp & likely sent they will receive
- gen reflection of off ‘evil’ / ‘heinous’ nature or degree of harm resulting from the offence
lesson seven (23)
what are examples of aggravating factors?
- whether crime = planned / premed
- hate crimes = resulting from prej towards part group based on eth / rel
- degree of brut & cru / off = unprov / inv dom vio
- vict = part vul person = child / elderly / w/ disab
- off = prior convic
- off took place whilst off = bail / serving CCO
- crime comm in front of child
lesson seven (23)
what are mitigating factors?
- circumstances that court should consider when determining the approp sentence
- circumstances relevant to off, victim or crime itself
- may decr off culp & lead to red in sent
lesson seven (23)
what are examples of mitigating factors?
- gen remorse
- crime = result of prov
- age of off –> younger = less mature & more cap of rehab
- traumatic pers history (e.g. growing up surr by fam viol / dr addic & alcoho)
- lim / X prior convic
- coop w/ police
- off pleaded g early
- inj / harm = X subst / X risk to any ppl
lesson seven (23)
what is a guilty plea?
- occurs when a person admits they have committed an offence for which they have been charged
- an acc who is charged w/ mult offences may choose to plead to some / all charges
- g p during pre trial (comm) –> X trial
- gp during trial & acc –> sent & trail = adj
lesson seven (23)
what is a sentencing discount?
- a red in off sent that they receive for pl g
- some circ = court must state sent imposed & what sentence would have beem if acc X pl g = transp
lesson seven (23)
what are the benefits of a guilt plea for the prosecution?
- X have to prove guilt of acc
lesson seven (23)
what are the benefits of a guilt plea for society?
- saves $ & time incolved in conducting a trial
lesson seven (23)
what are the benefits of a guilt plea for the victims?
- avoids the stress & trauma involved in going to trial
lesson seven (23)
what are the benefits of a guilt plea for he accused?
- avoids stress, time & $ inv in crim trial
lesson seven (23)
what are the benefits of a guilt plea for the courts?
- workloads = red
—> min delays in other crim matter that go to trial
lesson seven (23)
what is a victim impact statement?
- VIS = written or verbal statement made to a court about the effect of the offence on the victim
lesson seven (23)
what may a VIS include?
- physical impacts - degree of injury
- emotional loss
- fin loss
- incorp photographs to demon extent of loss
lesson seven (23)
who may a VIS be given by?
- those diectly impacted by offence
e.g. person hit during assault - those X directly impacted including vic fam memb
lesson seven (23)
what is the purpose of a VIS?
- to inform the court / sent judge of the severity of the off
- if indicated the crim = sig impact on vict –> incr sev of sanction imposed
- indic victim forgive off –> less severe sanction
