legal (sanctions)

Question 1

Dpp

Answer 1

directors of public prosecution is a office which prepares and conducts criminal proceedings

Question 2

fairness

Answer 2

there should be a fair hearing and a fair legal process conducted impartially. Sanctions imposed should reflect societies expectations for such offence

Question 3

equality

Answer 3

everyone should be treated without
discrimination, while sanctions should not differ based on these factors

Question 4

Access

Answer 4

parties should understand their rights and have the opportunity to use institution, processes and systems used for criminal cases

Question 5

institutions that enforce criminal law - the police

Answer 5

Vp- victorian police hear indictable offences and summary offences by talking to victims/witness and arrest accused person

Question 6

AFP

Answer 6

Australian federal police investigate commonwealth and territorial crimes such as terrorism, war crimes

Question 7

consecutive
concurrent

Answer 7

consecutive- all the separated crimes
concurrent- all added together

Question 8

outcome of the court process

Answer 8

will involve a sanction
penalty is imposed

Question 9

delegated bodies

Answer 9

are authorities that enforce criminal law and legislation e.gvic roads are authority that manage functions and responsibilities of the Roads Corporation (VicRoads)

Question 10

court proceeding

Answer 10

courts hear and determine the charges for the act.

Question 10

commital hearing

Answer 10

the processes and hearings that take place in the magistrate court for indictable offence

Question 11

appeal

Answer 11

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

Question 12

doctrine of precedent

Answer 12

the common law of principle by which the reasons for the decision of higher court are binding on the courts lower

Question 13

jurisdiction:
orignial jurisdiction:
appellant jurisdiction:

Answer 13

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

Question 14

court hierarchy

Answer 14

supreme court ( court of appeal)
supreme (trail by division)
county court
magistrate court

Question 15

exculesonary rule

Answer 15

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

Question 16

strength and weaknesses of jury

Answer 16

strength: independent and impartial, must base decisions on evidence in court
weaknesses: do not give reasons, can have bias

Question 17

purposes of sanctions sentencing act 1991 (vic)

Answer 17

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

Question 18

types of sanction

Answer 18

imprisonment- jail
cco- supervised sentence that treats unpaid community work
fines- penalty that the offender has pay an amount of money.

Question 19

sentencing factors of sanctions

Answer 19

aggravating factors- factors that can lead to more severe sentences
mitigating factors- factors that can lead to less severe sentences

Question 20

theraputic justice

Answer 20

a method used in criminal justice system to deal with offenders in supporting them e.g diversion program

Question 21

drug court

Answer 21

specialised court that is used for any drugs in magistrates court

Question 22

koori court

Answer 22

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.

Question 23

institutional powers

Answer 23

the authority ( afp) given to delegated bodies such as vic roads

Question 24

4 main roles of the jury in a criminal trail

Answer 24

• to listen to all the evidence at the trail decide if the accused is guilty or not
• to find the accused guilty only if they are convicted of guilt beyond reasonable doubt
• reach unanimous verdict where all 12 jurors agree. majority verdict
• make their own deliberations confidentially dont need reasoning for decision

Question 25

sanction

Answer 25

an penalty imposed by a court on a person guilty of a crime

Question 26

obiter dictum

Answer 26

comments given by the judge at the end on a trail. it is given because it can can be persuasive for future cases

Question 27

rights of accused

Answer 27

• to be treated with presumption of innocence
• entitled to legal representation
• the right to be provided with an interpreter

Question 28

rehabilitation

Answer 28

it is designed to reform an offender in order to prevent them from committing offences in the future

Question 29

deterrence

Answer 29

to deter or discourage the offender and society from committing the similar offence in the future.

Question 30

protection

Answer 30

to safeguard the community from an offender by preventing them from comitting a further offence

Question 31

penalty unit 192.31

Answer 31

the penalty imposed is according to units