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.
the prosecution
-
Prosecution: Party presenting evidence in court on behalf of the state (or Commonwealth) against an accused person.
- Includes the prosecutor, who has special duties and obligations.
- In Victoria:
- Office of Public Prosecutions (OPP): Works with the Director of Public Prosecutions (DPP) and Crown Prosecutors to prosecute serious crimes in the County Court and Supreme Court.
- Victoria Police: Usually prosecutes less serious crimes in the Magistrates’ Court.
- Other organisations (e.g., local councils, VicRoads, WorkSafe Victoria) also have the power to prosecute less serious offences.
define prosecution
the party that institutes
criminal proceedings against an accused on behalf of the state. The prosecution team
includes the prosecutor
define prosecutor
the representative of the prosecution who is responsible for conducting the criminal case and appearing in court
define Office of Public
Prosecutions (OPP)
the Victorian public prosecutions office that prepares and conducts criminal proceedings on
behalf of the Director of
Public Prosecutions
define Director of Public
Prosecutions (DPP)
the independent officer responsible for commencing, preparing and conducting
prosecutions of indictable
offences on behalf of the
State of Victoria
the accused
- Accused: Person(s) charged with a crime; there can be multiple accused in a case.
- Companies: Can be charged with offences such as taxation fraud, workplace health and safety violations, wage theft, and environmental offences.
- Example: Commonwealth Director of Public Prosecutions (CDPP) charged two individuals with importing a commercial quantity of ephedrine (used to manufacture ‘ice’).
- The case was tried by a jury in the County Court.
define jury
an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)
define liability crime
do not involve a guilty mind, the actus reus is enough to establish guilt
- crimes such a speeding or running a red light
define criminal law
a person found guilty of a crime receives a sanction (a penalty or punishment) imposed on them by the court
- cases involve the state (for state indictable offences), which bring the actions against the accused (person charged with a criminal offence)
define crime
an act or omission that is against an existing law, harmful to an individual or to society as a whole and is punishable by law
