Law In Action - Resolving Disputes Flashcards
1
Q
offender, victim, defendant/plaintiff or witness
Legal Advisor
A
- Lawyer/legal practitioner
- Required bachelor of law that is recognised by the law society
- Solicitor (Employed by firms, does preperation before court)
- Barrister (Works for themselves , specialises in court appearance)
2
Q
offender, victim, defendant/plaintiff or witness
Judges
A
- Administrate justice according to the law
- independent, impartial, fair, competant
3
Q
Corrective Services
A
Supervision of offenders in custody and operation of targeted programs to reduce recidivism
4
Q
Australian Tax Office
A
- Principal revenue collection agency
- Serious Financial Crime Taskforce
5
Q
Mediation
A
- Structured negotiation process
- third party negotiates and identifies options
6
Q
Benefits of Mediaton
A
- Shorter time frame
- Lower costs
- More flexible
- Lower stress
- More confidential
- More satisfactory
- Finality of decisions
7
Q
Arbitration
and benefits
A
- Legally enforcab;e method via tribunal by a specialised jury
Benefits - Shorter time
- Lower costs
- Less stress
- More confidential
- Finality of decisions
8
Q
Informal Warning
A
- Police issue to individual who has committed 1+ minor violations of law
- May be deemed sufficient for behaviour change
9
Q
Formal Caution
A
- For moderate violations of law or a series of minor violations without behaviour change
10
Q
Factor regarding issuance of formal caution
A
- Severity of offence
- Age of offender and criminal record
- Victim’s opinion
- Police officer opinion
- Offenders remorse
11
Q
Restorative Justice
Define
A
Stakeholders in an offence collectively resolve how to deal with the aftermath of an offence and future implications
12
Q
What are the most common mechanisms of restorative justice?
A
- Circle sentencing
- Victim-offender mediation
- Conferencing
13
Q
Community conference
A
- Voluntary, one-time circle process
- Everyone involved + support systems
- Trained and invested facilitator
- Each person has a voice
14
Q
Who is involved in circle sentencing
A
- Accused
- victim
- those affected by the crime
- elders of community
- legal representatives
- magistrate
15
Q
What is cicle sentencing
A
- Discuss crime and its impact
- Discuss suitable consequences
- First introduced to NSW in 2002
