Sanctions Flashcards
Fairness
- fair legal processes and a fair hearing or trial
The parties in a legal case should have an opportunity to:
- know the facts of the case
- present their side of events.
Equality
- people are equal before the law
- same opportunity to present their case as anyone else, without advantage or disadvantage.
- Laws and processes should not discriminate against any person, and should ensure that any person cannot discriminate against another.
- The people who hear legal cases should be objective and unbiased.
Access
- all people should be able to understand their legal rights and pursue their case.
- access to institutions and people that provide legal information, advice and representation, and information about a person’s rights.
Police
The role of the police is to serve the community and the law, and to enforce criminal law.
Delegated Body
A delegated body is an authority or agency given power by parliament to make and/or enforce laws.
Role of the Victorian Courts
Determine a criminal case
Impose a sanction
Jurisdiction
refers to the right or power of a court to apply the law and hear cases.
Original Jurisdiction
the power of a court to hear a case for the first time
Appellate Jurisdiction
the power of a court to hear a case on appeal
Magistrate’s Court Jurisdiction
Original:
summary offences, indictable offences heard summarily, committal proceedings, bail and warrant applications
Appellate:
none
County Court Jurisdiction
Original:
Indictable offences except murder, attempted murder, certain conspiracies, corporate offences
Appellate:
From the Magistrates’ Court on a conviction or sentence
Supreme Court Jurisdiction
Original:
Serious indictable offences
All homicide cases
Appelate:
From the Magistrates’ Court on a question of law
Supreme Court (Court of Appeal) Jurisdiction
Original:
none
Appelate:
From the County Court or the Supreme Court (with leave)
Childrens’ Court Jurisdiction
Original:
Offences committed by children between 10 and 17 years of age
(except for certain offences)
Appellate:
none
Coroner’s Court Jurisdiction
Original:
investigation of deaths and fire
Appellate:
none
What is a jury?
A trial by jury is a trial by peers in which an impartial group of randomly selected people hears evidence and hands down a verdict.
When are criminal juries used?
- Criminal juries are used in the original jurisdiction of the County Court and the Supreme Court.
- Juries are never used in the Magistrates’ Court.
- Juries are not used in appeals or when an offender has pleaded guilty.
The jury must:
- listen to all the evidence
- concentrate during trial
- standard of proof: reasonable doubt
- try a unanimous verdict.
- A majority verdict can be accepted except for some offences such as murder.
- If a majority verdict (11/12) cannot be reached there is a hung jury. (case is retried)
The jury cannot make enquiries (including internet searches) about the case while the case is ongoing.
Strengths of Jury
- Impartial and independent
- Community is involved - increase community confidence in justice system
- Fairness - based on evidence and facts
- Spread responsibility
- Reflects community values
Weaknesses of Jury
- do not give reason for verdict
- task is difficult (may not be suitable for untrained members of society
- jurors may be influenced by skilled lawyers
- juror biases
Punishment
This allows victims and their families to seek retribution without taking the law into their own hands.
Imprisonment is the most severe punishment in our society.
Protection
This is to safeguard society by imposing a sanction that will prevent the offender from harming again.
Rehabilitation
One of the purposes of sanctions is to modify the behaviour of the offender by treating the underlying causes of offending.
Deterrence
discourage the offender and others in society from the same or similar offences in the future.
General deterrence – discouraging the offender and others in the community from committing similar offences
Specific deterrence – discouraging the offender from committing offences
Denunciation
convey the message that this type of criminal behaviour will not be tolerated by the courts.
Fines
The offender pays the state the monetary penalty
Fines are expressed as penalty units from 1 to 3000
AIM: punish/deter
CCO
A sanction that allows the offender to remain in the community while serving the sanction
AIM: Punish/rehabilitate/protect (keep them busy)
Imprisonment
Imprisonment is the most serious sanction and involves the removal of the offender out of society and into a jail
Parole
Parole - early release from prison
When a prisoner has been imprisoned for two years or more, courts must fix a non-parole period
Mitigating Factors
Factors that may reduce the sentence:
- nature and gravity of the offence
- early guilty plea
- lack of prior offending
- remorse
- prospects of rehabilitation
- offender acting under duress
Aggravating Factors
Factors that may increase the sentence:
- Nature and gravity of the offence
- use of weapons
- use of violence or explosives
- children present
- previous offending
- injury, loss or damage to the victim
Therapeutic Justice
underlying health and personal issues are addressed to prevent reoffending.
