introduction to the criminal justice system Flashcards

1
Q

introduction to the criminal justice system

A
  • 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.

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2
Q

define criminal justice system

A

a set of processes
and institutions used
to investigate and
determine criminal
cases

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3
Q

define accused

A

a person charged with a
criminal offence

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4
Q

define sanction

A

a penalty (e.g. a fine
or prison sentence)
imposed by a court on
a person guilty of a
criminal offence

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5
Q

define imprisonment

A

a sanction that involves
removing the offender
from society for a stated
period of time and
placing them in prison

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6
Q

define offender

A

a person who has
been found guilty of a
criminal offence by a
court

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7
Q

define Australian Constitution

A

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

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8
Q

define Commonwealth
offences

A

crimes that break
a law passed by the
Commonwealth
Parliament

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9
Q

define statute

A

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)

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10
Q

Each stage involves multiple processes
and bodies:

A
  • 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
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11
Q

Therefore, each state and territory has its own criminal justice system, as well as laws that establish:

A
  • 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
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12
Q

The Code includes offences such as:

A
  • 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)
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13
Q

explain Australia’s criminal justice system

A
  • 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.
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14
Q

Victoria’s courts

A
  • 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).
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15
Q

A criminal case involves two parties:

A
  • 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.

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16
Q

the prosecution

A
  • 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.
17
Q

define prosecution

A

the party that institutes
criminal proceedings against an accused on behalf of the state. The prosecution team
includes the prosecutor

18
Q

define prosecutor

A

the representative of the prosecution who is responsible for conducting the criminal case and appearing in court

19
Q

define Office of Public
Prosecutions (OPP)

A

the Victorian public prosecutions office that prepares and conducts criminal proceedings on
behalf of the Director of
Public Prosecutions

20
Q

define Director of Public
Prosecutions (DPP)

A

the independent officer responsible for commencing, preparing and conducting
prosecutions of indictable
offences on behalf of the
State of Victoria

21
Q

the accused

A
  • 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.
22
Q

define jury

A

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)

23
Q

define liability crime

A

do not involve a guilty mind, the actus reus is enough to establish guilt
- crimes such a speeding or running a red light

24
Q

define criminal law

A

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)

25
Q

define crime

A

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