introduction to the criminal justice system Flashcards
introduction to the criminal justice system
- The criminal justice system enforces criminal laws and handles criminal cases.
- It involves three main components: police, courts, and prisons.
Key purposes:
- Decide if an accused is guilty of an offence.
- Impose sanctions if the accused is found or pleads guilty.
define criminal justice system
a set of processes
and institutions used
to investigate and
determine criminal
cases
define accused
a person charged with a
criminal offence
define sanction
a penalty (e.g. a fine
or prison sentence)
imposed by a court on
a person guilty of a
criminal offence
define imprisonment
a sanction that involves
removing the offender
from society for a stated
period of time and
placing them in prison
define offender
a person who has
been found guilty of a
criminal offence by a
court
define Australian Constitution
a set of rules and
principles that guide
the way Australia
is governed.
The Australian
Constitution is set out
in Commonwealth of
Australia Constitution
Act
define Commonwealth
offences
crimes that break
a law passed by the
Commonwealth
Parliament
define statute
a law made by
parliament; a bill that
has passed through
parliament and has
received royal assent
(also known as
legislation or an Act of
Parliament)
Each stage involves multiple processes
and bodies:
- the investigation stage includes the investigation of an offence and the charging of an accused
- the determination stage involves the courts deciding whether the accused is guilty and what sanction will be imposed
- the corrections stage involves overseeing any sanction imposed,
such as imprisonment (the
offender spending time in jail) as well as any post-sentencing procedures such as being monitored
Therefore, each state and territory has its own criminal justice system, as well as laws that establish:
- what is considered a crime
- the processes used to decide if someone is guilty
- the maximum penalty that can be imposed for each specific crime
The Code includes offences such as:
- engaging in a terrorist act
- people smuggling (where people help others to enter Australia illegally)
- espionage crimes (such as communicating information about national security to a
foreign country)
explain Australia’s criminal justice system
- Australia does not have a single, unified criminal justice system.
- The Commonwealth Parliament cannot make general criminal laws; this power is reserved for the states.
- States have authority to legislate for peace, order, and good government, and to maintain public order and protect individuals.
- Each state and territory has its own police force, courts, and prison system, though they are similar.
- The Commonwealth can make criminal laws related to its specific powers (e.g., customs duties), known as Commonwealth offences.
- Over time, there has been significant overlap between Commonwealth and state crimes.
- Some crimes can be both state and Commonwealth offences (e.g., certain drug offences).
- Many Commonwealth offences are detailed in the Commonwealth Criminal Code, established by Commonwealth Parliament.
Victoria’s courts
- Main courts in Victoria for criminal cases:
- Magistrates’ Court
- County Court
- Supreme Court
- Specialist court:
- Children’s Court: handles cases involving children (ages 10-17) accused of crimes, except for serious crimes like murder and arson causing death, which are heard in higher courts (County Court or Supreme Court).
A criminal case involves two parties:
- the prosecution (the party prosecuting the case against an accused, and generally representing
the community) - the accused (the person or organisation alleged to have committed a crime).
The victim is not a party to a criminal case and does not bring the court action.