END OF YEAR EXAM Flashcards
Victoria Police
The role of Victoria Police is to serve the Victorian community and uphold the law to promote a safe, secure and orderly society.
EG:
- talk to victims or witnesses
- question possible suspects
- examine the scene
summary offences = specialised police have the power to prosecute the case
indictable offences = the police will undertake the investigations
Australian Federal Police
Investigate and enforce offences that have a federal aspect.
EG:
- aviation crimes
- terrorism
- drug import and exportation
Delegated bodies
Bodies parliament has given the power to make/enforce laws, there are state and commonwealth delegated bodies. The two most common delegated bodies in Victoria are Worksafe Victoria and local councils.
WorkSafe Victoria
Delegated body
monitor and enforce compliance with the Occupational Health and Safety Act and other statutes
Aims to ensure the health, safety and welfare of employees
Local councils
Delegated body
Make and enforce laws in their geographical area
For example, the Food Safety Act 1984 (Vic) establishes a number of offences in relation to food handling.
Institutional powers and individual rights
guilty and suspects of crime people have rights eg. the presumption of innocence.
Victoria Police and the OPP have powers to investigate crime and bring offenders to justice
If institutions are given too much power, individuals may be treated unjustly.
If institutions are given too few powers, crime prevention and law enforcement may be impossible.
Stages of a criminal case
- Arrest
- Questioning
- Bail
- Court proceedings
- Imprisonment
Arrest
INSTITUTIONAL: ensure the safety or welfare of the public
INDIVIDUAL: informed at the time of arrest the reason for the arrest
Questioning
INSTITUTIONAL: the power to question that person within a reasonable time
INDIVIDUAL: informed what they say can be used as evidence and they don’t have to say anything
Bail
INSTITUTIONAL: The person deciding on bail may refuse to grant bail or impose certain conditions
INDIVIDUAL: entitled to bail where the case has been adjourned
Court proceedings
INSTITUTIONAL: Prosecuting bodies have power to commence criminal action against an accused
INDIVIDUAL: right to be presumed innocent until proven guilty
Imprisonment
INSTITUTIONAL: courts have the power to imprison a person
INDIVIDUAL: right to practice a religion
Why do we need a court hierarchy?
- allows for specialisation and expertise
- enables parties to a court case to appeal to a higher court if they are not satisfied with
a decision made in a lower court - is a necessary part of the doctrine of precedent
- allows for administrative convenience.
Jury’s purpose
- Listen to ALL the evidence presented
- Listen to any directions given by the judge
- Come to either a majority** or unanimous verdict
Purposes of sanctions
P PUNISHMENT
victims/families must be able to seek some form of retribution
P PROTECTION
the community needs to be protected
R REHABILITATION
help offender reform their behaviour
D DENUNCIATION
show the courts disapproval
D DETERRENCE
prevent the accused from reoffending (specific deterrence) and prevent the community from offending in the future (general deterrence).
Types of criminal sanctions
Imprisonment
Community corrections order
Fines
Mitigating factors
Mitigating factors – reduce the seriousness of offending
- duress
- prospects of rehabilitation
- personal strain
- lack of injury/harm caused by the offence
- full admissions
Aggravating factors
Aggravating factors – increase the offender’s culpability
- use of violence
- taking place in front of children
- motivated by hatred or prejudice
- being in a position of trust
Alternative approaches to sentencing
The Drug Court
The Koori Court; and
Diversionary Programs - summary offences
Alternative dispute resolution
Mediation
- Cooperative method
- Discuss issues, develop options, and consider alternatives.
- Not binding parties make the decision themselves.
- Ongoing relationship between parties
Conciliation
- assistance of a third party ultimately working towards an agreement made by parties
- Not binding parties make the decision themselves.
- Family court
Arbitration
- independent third party listens to both sides before making a binding decision on the matter
- resolves disputes without formalities of court processes
VCAT
provides low costs, accessibility, efficiency, independency done by:
- Disallowing legal representation
- Low costs
- Mulitple locations
Role of the courts in civil dispute resolution
- Providing specialization and expertise;
- Managing the case; and
- Hearing appeals;
- Deciding on a remedy
Original jurisdiction and Appellate jurisdiction
Original jurisdiction = power a court has to hear and determine cases for the first time
Appellate jurisdiction = power a court has to review cases on appeal from lower courts
Remedies - damages
The amount of money to be paid by the defendant to the plaintiff.
- Compensatory Damages
- specific damages = calculated objectively + exactly
- aggravated damages = humiliation and insult
- general damages = pain and suffering - Nominal Damages: did not suffer any actual loss
- Exemplary Damages = punish the defendant
- Contemptuous Damages = legal but not moral right
Remedies - injunctions
Undertake an action or do something on a temporary or long-term basis
Restrictive injunctions = stopping someone from doing something
Mandatory injunctions = to compel someone to do a particular act
Express rights
A right that is specifically listed/stated in the wording of the constitution, which means they cannot be removed or altered without a successful referendum
EG. Freedom of religion
Implied Rights
Protected by the Constitution but are not actually written within the constitution. These rights have been determined to exist, based on the text and wording of the Constitution.
EG. Freedom of Political Communication
Declarations
A document that outlines a set of standards that nations agree to but are not legally bound to uphold
Treaties
An agreement between countries to be bound by international law.
Arguments for a bill of rights in Australia
FOR = strengthen the protection of rights by clearly stating the basic rights of all citizens
AGAINST = basic rights are already adequately protected by hundreds of Acts of Parliament at both state and Commonwealth levels.
