legal (sanctions) Flashcards
Dpp
directors of public prosecution is a office which prepares and conducts criminal proceedings
fairness
there should be a fair hearing and a fair legal process conducted impartially. Sanctions imposed should reflect societies expectations for such offence
equality
everyone should be treated without
discrimination, while sanctions should not differ based on these factors
Access
parties should understand their rights and have the opportunity to use institution, processes and systems used for criminal cases
institutions that enforce criminal law - the police
Vp- victorian police hear indictable offences and summary offences by talking to victims/witness and arrest accused person
AFP
Australian federal police investigate commonwealth and territorial crimes such as terrorism, war crimes
consecutive
concurrent
consecutive- all the separated crimes
concurrent- all added together
outcome of the court process
will involve a sanction
penalty is imposed
delegated bodies
are authorities that enforce criminal law and legislation e.gvic roads are authority that manage functions and responsibilities of the Roads Corporation (VicRoads)
court proceeding
courts hear and determine the charges for the act.
commital hearing
the processes and hearings that take place in the magistrate court for indictable offence
appeal
application to have a higher court review a ruling made from a lower court to the party who appeals is known as the applieant and the other party is respondent
doctrine of precedent
the common law of principle by which the reasons for the decision of higher court are binding on the courts lower
jurisdiction:
orignial jurisdiction:
appellant jurisdiction:
the lawful authority who decides a criminal case
the power of a court to hear the case for the first time
the power of a court to hear a case on appeal
court hierarchy
supreme court ( court of appeal)
supreme (trail by division)
county court
magistrate court
exculesonary rule
a rule that prevents evidence of a jury deliberations being given in a court. its aimed to preserve the secrecy of discussions and that jury members must be able to speak freely
strength and weaknesses of jury
strength: independent and impartial, must base decisions on evidence in court
weaknesses: do not give reasons, can have bias
purposes of sanctions sentencing act 1991 (vic)
specific and general deterrence - to discourage community and offender from committing similar offences
rehabilitation - aims to reform offender
punishment - to punish the offender
protection - to safeguard the community
denunciation - the dissaproval of offenders actions
types of sanction
imprisonment- jail
cco- supervised sentence that treats unpaid community work
fines- penalty that the offender has pay an amount of money.
sentencing factors of sanctions
aggravating factors- factors that can lead to more severe sentences
mitigating factors- factors that can lead to less severe sentences
theraputic justice
a method used in criminal justice system to deal with offenders in supporting them e.g diversion program
drug court
specialised court that is used for any drugs in magistrates court
koori court
was established by a division of magistrates court in 2006. the court is available to an aboriginal accused person. role is to create sentencing orders that are more culturally appropriate to Aboriginal accused, thereby reducing the rate of re-offending.
institutional powers
the authority ( afp) given to delegated bodies such as vic roads
