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Legal studies > SAC 1 > Flashcards

SAC 1 Flashcards

chapter 3 - 4.4

1
Q

cross examination

A

the questioning of witnesses called by the other side of a legal case

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2
Q

special arrangements for people under 18 with cognitive impairments

witnesses for sexual offence, assault, threat

A
  • accused not in the same room as complainant
  • accused not entitled to see or hear the complainant while giving evidence
  • unauthorised people not allowed in the courtroom while evidence is given
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3
Q

protected witness

A
  • a person who is to give evidence in a sexual offence or family violence case
  • complainantant
  • family member of the complanintant
  • accused
  • or any other witness the court declares protected
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4
Q

alternative arrangements for a vulnerable witness

A
  • give evidence from a place other then court
  • use screens to block the line of vision between the accused and the victim
  • allowing a support person
  • limiting the number of people allowed in court
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5
Q

the right to give evidence as a vulnerable witness

A
  • considered to be at some kind of risk

- victim may feel uncomfortable and as a result may jeopardise the evidence they give

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6
Q

victims

A
  • person who has suffered directly
  • family member of a person under 18 or has a mental impairment (incapable)
  • child under 16 who has been groomed for sexual conduct swell as their family
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7
Q

rights available to victims

A
  • give evidence as a vulnerable witness
  • be informed about the proceedings
  • be informed of the likely release date of the accused
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8
Q

victims rights charter

A
  • recognise the impact of a crime on victims

- reduces likelihood that a victim may suffer as a result of their interaction with the criminal justice system

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9
Q

rights protected by the human rights charter

A
  • information of reason and nature of charge
  • time and facilities
  • to prepare a defence
  • examination of a witness
  • free assistance of an interpreter
  • not to be tried more then once for the SAME offence
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10
Q

trial with no jury

*section 80 Australian constitution

A
  • only a limited trial by jury

- section 80 only applies to commonwealth offences

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11
Q

the right to a trial by jury

A
  • opportunity for community participation

- allows the law to be applied to the community standards

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12
Q

reasons for the public being excluded from a trial

A
  • distress or embarrassment to a victum in a sexual offence

- children’s best interest

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13
Q

the right to a fair hearing

*2 parts

A
  1. every person has the right to have their case heard by a qualified and experienced judge/magistrate in an unbiased and objective manner
  2. must be fair and public, this ensures there is no secrecy and that the laws have been applied properly and fairly
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14
Q

international treaty

A

-a legally binding agreement between countries and inter-government organisations which is in written form and governed by international law

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15
Q

purpose human rights charter

A
  • Charter oh human rights and responsibilities
  • main purpose is to protect and promote human rights
  • designed to ensure that any statute passed by the victorian parliament does not interfere with the human rights set out in this charter
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16
Q

reasonable delay in trial

A
  • delays should only occur if they are considered reasonable

- complexity of the case and legal issues involved may influence the time it takes to go to trial

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17
Q

right to be tried without unreasonable delay

A
  • have his/her charges heard in a timely manner
  • without discrimination , race, age, gender, disability
  • effect of trial is greater then an adult
  • should be brought to trial as quickly as possible
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18
Q

rights of an accused

*3 rights

A
  1. right to be tried without unreasonable delay
  2. right to a fair hearing
  3. right to a trial by jury
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19
Q

bail

A
  • the release of n accused person from custody

- on condition that they will attend a court hearing to answer charges

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20
Q

presumption of innocence

A

guarantee by the state to citizens that if they are accused of a crime they will be treated as innocent until proven guilty beyond reasonable doubt

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21
Q

balance of probabilities

A
  • standard of proof in civil disputes

- requires the plaintiff to establish that it is more likely then not that his/her side of the story is right

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22
Q

beyond reasonable doubt

A
  • standard of proof in a criminal case

- requires the prosecution to prove their is no reasonable doubt that the accused committed the crime

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23
Q

standard of proof

A
  • degree or extent to which a case must be proved in court
  • strength of evidence needed to prove the case
  • prosecution must prove the case beyond reasonable doubt
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24
Q

burden of proof

A
  • responsibility of a party to prove a case in court

- lies with the protection, to establish the facts

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25
Q

indictable offences heard and determined summarily

A
  • serious offence that can be heard and determined as a minor offence if the accused agrees
  • quicker
  • cheaper
  • maximum penalty can be handed down
  • court must agree that the offence is appropriate to be heard summarily
26
Q

indictable offence

A
  • serious criminal offence
  • heard in a Supreme Court or county court
  • in-front of a judge and jury
  • murder
  • drug trafficking
  • homeside
  • manslaughter
27
Q

summary offence

A
  • minor criminal offence
  • heard in a magistrates court by a magistrate
  • drink driving
  • minor assaults
  • disorderly conduct
28
Q

access

A
  • one of the principles of justice
  • everyone should be able to understand their legal rights
  • pursue their case
  • access to institutions, courts
  • access to bodies, legal advice, legal representation
29
Q

difference between fairness and equality

A
  • equality, everyone gets the same treatment

- fairness, everyone gets treated differently

30
Q

aspects of equality

A

whether the system disadvantages certain groups in society, mental health issues, unable to understand English

31
Q

equality

A
  • one of the principles of justice
  • people should be equal before the law
  • have the same opportunity to present their case as anyone else, without advantages or disadvantages
  • all people should be treated equally regardless of their beliefs, age, gender, sexuality
32
Q

appeal

A

-application to have a higher court review a ruling (decision made by a lower court)

33
Q

rule of law

A
  • principle that everyone in society is bound by law and must obey the law
  • laws should be fair and clear, so people are willing to obey them
34
Q

aspects that relate to fairness

A
  • laws and court rules being applied properly
  • time it takes for a case to be heard )delays)
  • availability of a legal representation (accused, victims)
  • accused to know the evidence that will be brought against them
  • appeal
  • understand legal processes and terminology
  • treated impartially (without fear or favour)
35
Q

fairness

A
  • principle of justice
  • having a fair hearing (the parties in a legal case should have the opportunity to know the facts of the case and have the opportunity to present their side of events)
  • fair trial (understand court processes and have the opportunity to disprove the. prosecutions case)
36
Q

4 people and organisations that are able to prosecute a cause in court

A
  • state
  • office of public procedures
  • director of public procedures
  • accused
37
Q

office of public prosecutions
(OPP)
director of public prosecutions
(DPP)

A

-work together on behalf of the crown to prepare and conduct criminal proceedings

38
Q

parties to a criminal case

A
  • state (government, represented by a prosecutor)

- accused (person or institution who has had an alleged crime committed against them

39
Q

key stages in a criminal case

1-6

A
  1. investigation
  2. charges
  3. pre-trial
  4. determining guilt
  5. sentencing
  6. post sentencing
40
Q

purpose of the criminal justice system and definition

A
  • set of process and institutions used to investigate and determine the outcome of criminal cases
  • decide whether an accused is guilty of an offence
  • impose a sanction
41
Q

strengths and weaknesses of plea negotiations

A

strengths:

  • cost saving
  • no trauma, stress, inconvenience
  • reduced sentence
  • certainty of out come

weakness:

  • accused may feel pressured
  • prosecutor avoiding the need to prove the cause beyond reasonable doubt
42
Q

strengths and weaknesses of sentence indications

A

strengths:

  • early determination of the case
  • save money and resources
  • open court
  • accused not bound to accept
  • minimise trauma, stress, inconvenience

weakness:

  • not obliged to grant the accused’s request
  • lesson the impact or need for a victim impact statement
43
Q

appropriateness of sentence indications

A
  • encourage early finalisation of a criminal case
  • the strength of evidence against an accused
  • the type of offence and the court hearing the charges
  • whether there is significant information to make a decision
44
Q

purpose of sentence indications

A
  • provide the accused with some clarity about the likely sentence that will be imposed
  • make early decisions to plead guilty
45
Q

appropriateness of plea negotiations

A
  • may only occur if its in the publics best interest
  • whether he/she is willing to plead guilty
  • whether an accused is willing to cooperate
  • strength of the prosecutors case
  • time and expenses involved
46
Q

purpose of plea negotiations

A
  • resolve a criminal case by insuring a plea of guilty to a charge adequately reflects the crime that was committed
  • to achieve a prompt resolution a criminal case without the cost, time, stress, trauma and inconvenience of a criminal trial/hearing
47
Q

sentence indication

A

-a statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence

48
Q

what is plea negotiations

A
  • trial discussion that takes place between the prosecution and the accused
  • aimed at resolving the case by agreeing on an outcome to the criminal charges laid
49
Q

strengths and weaknesses of committal proceedings

A

strengths:

  • save time and resources
  • innocent until proven guilty
  • accused informed of the prosecutions case
  • withdrawal of charges

weakness:

  • expensive
  • add to the delay of trial
  • contribute to stress and trauma
  • unnecessary (extra stress to victims and families)
50
Q

director of public prosecutions

A
  • independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the crown
  • after committal proceedings, when an accused has been committed for trial, the documents are transferred to them
51
Q

committal hearing

A
  • final stage of a committal proceeding

- after all the evidence the magistrate decides whether or not to commit the accused

52
Q

purpose of committal proceedings and definition

A
  • hearing that takes place in the magistrates court for indictable offences
  • see whether a charge for an indictable offence is appropriate to be heard and determined summarily
  • find out whenever the accused plans on pleading guilty or not guilty
  • make sure the trial is fair
53
Q

specialist CLC

A
  • focus on an area of law or group of people
  • young people
  • asylum seekers
54
Q

generallist CLS

A

-provide service to people who live in a specified geographical area

55
Q

duty lawyer

A
  • advice or representation in court

- magistrates court

56
Q

role of the victorian legal aid and definition

A
  • government agency that provides free legal advice to the community (no cost, low cost)
  • provide legal aid at a reasonable cost
  • provide the community with improved access to the criminal justice system
  • minimise the need for individual legal services
  • follow a criteria on who to assist
57
Q

community legal centres

A
  • independent organisation that provides free legal services to people who are unable to pay
  • legal assistance
  • legal advice
  • information
  • representation
  • follow criteria on who to assist
58
Q

role of institutions available to assist an accused

  • victorian legal aid
  • community legal centres
A
  • if a person is charged with a serious indictable offence through no fault of their own and unrepresented to seek a representative to receive a fair trial
  • people who don’t have enough money to afford a legal representative, government funded institutions may be able to help them
59
Q

victims register

A
  • a database maintained by the state of Victoria
  • set up to provide the victims of violent crimes with relevant information about adult prisoners while they are still in prison (likely release date)
60
Q

the right to be informed of a likely release date

A
  • victim of a criminal act of violence (rape, stalking, kidnapping, assault)
  • person who is registered on the victims register may receive certain information about the offender who has been imprisoned
61
Q

examination-in-cheif

A

the questioning of ones own witness in court in order to prove ones own case and disprove the opponents case

62
Q

aspects of access

A
  • availability of plea negotiations and sentence indication
  • availability of legal advice and assistance
  • availability of courts and legal processes

Legal studies (12 decks)

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