SAC 3: Unit 1 AOS 3 - Sanctions Flashcards
3 - [ Discuss ]
Access in the Criminal Justice System
One of the principles of justice; All people should be able to engage with the justice system and its processes on an informed basis.
- Translators
- Public accessible hearings.
- Free legal info/aid.
- Timely resolution of cases.
3 - [ Discuss ]
Equality in the Criminal Justice System
One of the principles of justice; Mechanisms and adjustments create substantive equality, that focuses on equal/same results. No disadvantage or inconsistency.
- Independent judge and jury.
- Translators.
- The rule of law.
- Victims remaining informed.
- As well as the accused.
3 - [ Discuss ]
Fairness in the Criminal Justice System
One of the principles of justice; All people can participate in the justice system and its processes should be impartial and open.
- Public accessible hearings.
- Independent judge and jury.
- Presumption of innocence.
- Standard of proof.
- Standard rules/processes in trials.
1 - [ Describe ]
Police as an Institution That Enforces Criminal Law
They are the main institution that enforces criminal law relating to indictable offences and most summary offences.
- They are able to prosecute individuals who have broken the law and tasked to investigate instances of people breaking the law.
- They deal with more serious matters. They have a broader range of powers to investigate and prosecute cases under their authority.
E.g. Detain, arrest, search, collect evidence, question, etc.
1 - [ Describe ]
Delegated Bodies as an Institution That Enforces Criminal Law
They are given power by parliament to enforce criminal law in a specialized area.
- They are able to prosecute individuals who have broken the law and tasked to investigate instances of people breaking the law.
- They deal with matters that more relate to the safety of the public as a whole. They have a narrower scope of powers to investigate and prosecute cases.
E.g. Local Councils, VicRoads, WorkSafe Victoria, etc.
3 - [ Evaluate ]
Balance Between Institutional Powers and Individual Rights
To keep from abuse of power and justice, there are to be balances between the two.
- Search | Warrant.
- Questioned | Right to Silence (but name and address).
- Detain | Only for reasonable length of time.
- Etc.
2 - [ Explain ]
The Role of The Victorian Courts and Criminal Jurisdictions
Their role is determine a criminal case (sometimes having a committal hearing) and to impose a sanction.
The jurisdiction is the right or power of a court to apply the law and hear cases, which there are an original jurisdiction (to hear a case for the first time) and an appellate jurisdiction (to hear a case on appeal).
- Magistrates’ Court = Og Jur + App Jur.
- County Court = Og Jur + App Jur.
- Supreme Court (trial) = Og Jur + App Jur.
- Supreme Court (appeal) = App Jur.
2 - [ Explain ]
The Role of The Magistrates’ Court and Criminal Jurisdictions
The Magistrates’ Court only handles Original Jurisdiction, meaning they are able to hear a case for the first time.
Original Jurisdiction:
- They can hear summary offences and indictable-offences-heard-summarily.
- If the accused pleads not guilty, a hearing is held.
- Power to hear applications related to warrants, bail and conduct committal proceedings for indictable offences.
2 - [ Explain ]
The Role of The County Court and Criminal Jurisdictions
The County Court handles both Original Jurisdiction and Appellate Jurisdiction, meaning able to hear cases for the first time and hear cases on appeal.
Original Jurisdiction:
- Hears all indictable offences (not including the more serious ones).
- If the accused pleads not guilty, a trial is held.
Appellate Jurisdiction:
- Hears criminal appeals against conviction or sentences given in the Magistrates’ Court, if it was unreasonable or is too harsh.
2 - [ Explain ]
The Role of The Supreme Court (Trial Division) and Criminal Jurisdictions
The Supreme Court handles both Original Jurisdiction and Appellate Jurisdiction, meaning able to hear cases for the first time and hear cases on appeal.
Original Jurisdiction:
- All serious indictable offences not heard by the County Court.
- If the accused pleads not guilty, a trial is held.
Appellate Jurisdiction:
- Appeal cases from the Magistrates’ Court, to question the Magistrates’ incorrect application of law on whether a offence was committed.
2 - [ Explain ]
The Role of The Supreme Court (Court of Appeal) and Criminal Jurisdiction
The Supreme Court (Court of Appeal) only handles Appellate Jurisdiction, meaning able to hear cases on appeal.
Appellate Jurisdiction:
- Hears appeals from the County and Supreme Court.
- Appeals question conviction, severity, leniency of a sentence or a question of law.
JURY
3 - [ Analysis ]
Difficulties Faced by Different Groups in The Criminal Justice System
These different groups such as:
- First Nations people… intergenerational trauma, overrepresentation in the criminal justice system, language differences, distrust, lack of culturally appropriate sentencing, etc.
- Young people… lack of understanding, negative effects of custody, psychological barriers, lack of formal education, etc.
- Culturally and linguistically diverse people… limited awareness and familiarity, language differences, distrust, racism, etc.
- People with disabilities… physical barriers, lack of understanding by others about disability, lack of services, lack of rehab, community attitudes and/or discrimination, etc.
3 - [ Discuss ]
The Purposes of Sanctions and Their Ability to Achieve It
Punishment
- Penalize the offender to show society and the victim the behavior is not tolerated.
Deterrence
- Discourage the offender (Specific) and others in the community from committing similar offences (General).
Denunciation
- Demonstrate the community’s disapproval of the offender’s actions.
Protection
- A safeguard the community from an offender by preventing them from committing a further offence.
Rehabilitation
- To reform an offender in order to prevent them from committing offences in the future.
1 - [ Outline ]
Types of Sanctions
From most severe to least severe:
- Imprisonment (Punishment/Protection/Deterrence)
- Community Correction Order (CCO) (Punishment/Deterrence/Rehab)
- Fine w/ or w/o Conviction (Punishment/Deterrence)
