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Sanctions Flashcards

1
Q

What are the three principles of justice?

A

Fairness, Access, Equality

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2
Q

What is criminal law?

A

Criminal law is an area of law that defines behaviours and conduct that are prohibited, and outlines sanctions for people who commit them

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3
Q

What is the DPP

A

The Director of public prosecutions is the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the crown

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4
Q

What is the OPP?

A

The Office of public prosecutions is the Office that prepares and conducts criminal proceedings on behalf of the DPP

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5
Q

Indictable offence

A

A serious Offence that is heard by the County or supreme court

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6
Q

Summary offence

A

A minor offence that is generally heard by the Magistrates court

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7
Q

What is a Sanction?

A

A penalty or prison sentence imposed by a court n a person guilty of a crime

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8
Q

What is fairness?

A

Fairness is one of the principles of justice. Fairness means having fair processes and a fair hearing. This means that both parties should have the opportunity to know the facts of a case and have opportunity to present their side of events.

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9
Q

What is access?

A

Access is one of the principles of justice. Access means that all people should understand their legal rights and pursue a case

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10
Q

What is Equality?

A

Equality is one of the principles of justice. Equality means people should be equal before the law and have an equal opportunity to present their case, without advantage or disadvantage

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11
Q

Who enforces criminal law?

A

Delegated bodies, such as the Police and AFP

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12
Q

What is the Role of the Police?

A

The role of the police is to serve and protect the community, and enforce criminal law

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13
Q

What is the Role of the AFP

A

The Australian federal police inspect offences that have a federal aspects. Federal offences include: Crimes against the commonwealth or a territory

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14
Q

How does our legal system promote the POJS?

A

Fairness
There should be fair legal processes and a fair hearing. Sanctions for crimes should reflect what society expects for such an offence.

Equality
All persons should be treated alike, regardless of status, race, religion, sex or culture. While sanctions should also not differ based on these factors, different sanctions could be imposed on different people based on other factors, such as prior convictions or level of remorse.

Access
Parties should understand their rights and have the opportunity to use institutions, processes and systems used for criminal cases.
For example, those given the sanction of imprisonment should be able to access counselling and education services whilst in prison.

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15
Q

What are Institutional powers?

A

Institutional powers is the authority given to powers such as Victoria police to undertake certain actions

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16
Q

The balance between Institutional powers and Institutional rights

A

The balance between Powers and Rights can be examined through the stages of a criminal case, Which are: Arrest, Questioning, Bail, Court proceedings, and the imprisonment of the offender.

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17
Q

Why is there a need for balance?

A

If institutions have to much power, individuals can become unjustly treated. If powers are too few or limited, crime prevention and law enforcement can become difficult or almost impossible.

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18
Q

What is arrest?

A

Police can arrest a person without a warrant any person found committing an offence if the police believe it is necessary to: Ensure the offender appears in court, Preserve public order

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19
Q

Sources of Institutional rights

A
  • The equal opportunity act 2010
  • Human rights charter
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20
Q

Sources of Institutional powers

A
  • The police
  • The OPP
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21
Q

What are the reasons for a court hierarchy?

A

To allow courts to specialise in hearing certain cases and gain expertise in hearing those cases.

To enable a party dissatisfied with part of the decision to appeal to a higher court to review that decision.

To facilitate the operation of the doctrine of precedent, so that courts know which previous decisions of other courts they are bound to follow.

To allow for administrative convenience – smaller matters can be heard more quickly in lower courts and superior courts can focus on more complex cases.

22
Q

Order of the Court hierarchy

A

High court of Australia
Supreme court of Australia
- Court of appeals
- Trial division
County court of Victoria
Magistrates Court of Victoria

23
Q

What is a jury?

A

A jury is An independent group of people chosen at random to decide on the evidence in a legal case and decide on the evidence.

24
Q

What is a jurisdiction?

A

The lawful authority (power) or a court, tribunal or other dispute resolution body to decide legal cases.

25
What is an Appellant jurisdiction?
The power of a court to hear a case on appeal.
26
What is the Role of Victorian courts
The role of the Victorian courts is to: - Determine a criminal case (By determining the guilt of the accused) - Impose a sanction (If a person has been found, or pleaded guilty)
27
What is the jurisdiction of each court?
The magistrates court has the jurisdiction to hear summary offences and indictable offences heard and determined summarily The county court has the jurisdiction to hear all indictable offences except murder, attempted murder, and certain conspiracies Supreme court (Trial division) The trial division of the supreme court has the jurisdiction to hear all indictable offences. It generally hears the most serious indictable offences that cannot be heard by the county court, such as murder and attempted murder. Supreme court ( Court of appeals) The court of appeals has no original jurisdiction Children's court The children's court has the jurisdiction to hear offences committed by children ages 10-17, with some exceptions
28
Strength's of a jury
Jurors are independent and impartial The jury allows members of the community to be involved in the legal system. The jury system ensures fairness by requiring the jury to deliberate based on the evidence and facts Spreads responsibility of making a decision The jury system reflects community values
29
Weaknesses of a jury
Jurors do not give reasons for their decisions and deliberations occur behind closed doors The task is difficult Jurors may be unduly influenced by skilled lawyers Juries may have biases A jury trial may result in delays because legal terms need to be explained to the jurors
30
What are the purposes of sanctions?
Punishment, Denunciation, Deterrence, Protection, Rehabilitation
31
Purpose of a jury
Criminal juries are used in the original jurisdiction of the County Court and Supreme Court. The role of a jury is to listen the evidence presented in a trail, Concentrate during the trail and decide whether the accused is guilty or not guilty
32
What is punishment?
Punishment is one the purposes of a sanction, designed to penalise the offender the show society and the victim that criminal behaviour will not be tolerated.
33
What is deterrence?
Deterrence is one of the purposes of a sanction, designed to to deter or discourage the offender and others in society from committing the same or similar offences in the future, There are two different types of deterrence: General, and Specific
34
What is denunciation?
Denunciation is one of the purposes of a sanction, designed to demonstrate the community's disapproval of the offenders actions
35
What is Rehabilitation?
Rehabilitation is one of the purposes of a sanction, Designed to reform an offender in order to prevent them from committing offences in the future
36
What is Protection?
Protection is one of the purposes of a sanction, Designed to safeguard the community from an offender by preventing them from committing a further offence.
37
What is a Fine?
A Fine is a sanction that requires the offender to pay an amount of money to the state
38
What is a CCO
A community corrections order is a non custodial sanction, one that doesnt involve a prison sentence that the offender serves in the community, with conditions attached to the order.
39
What is Imprisonment
A sanction that involved removing the offender from society for a stated period of time and placing them in prison
40
What are mitigating factors?
Facts or circumstances about the offender that can lead to a less severe sentence
41
What are Aggravating factors?
Facts or circumstances about an offender that can lead to a more severe sentence
41
Nature and gravity of offence
If the offending is on the low end of the scale, then this may persuade the court that a sentence much less than the maximum penalty should be imposed.
41
Early guilty plea
If the offender has pleaded guilty, and the earlier the guilty plea is, the court may impose a lesser sentence. This is often because of the resources and time saved by not having to run a trial.
42
Nature and gravity of offence
If the offending is on the high end of the scale, then it is possible that the court will impose a harsh sentence.
43
Lack of prior offending
If the offender has not offended before, this is likely to work in his or her favour as it may demonstrate a one-off incident or a lack of criminality.
43
Previous offending
If the offender has engaged in previous criminal behaviour (meaning they have prior convictions), then this may result in the sentence being increased.
44
Impact of the offence on any victim
If the victim has significantly suffered as a result of the offence, then this can persuade the court in sentencing. The victim can demonstrate his or her loss or suffering by filing a victim impact statement which will be read in court during sentencing.
45
Sentencing options
Fines: The payment of an amount of money to the court Dismissals, Discharges and adjournments: The release or discharge of the accused person Home detention orders: An order that imposes a sentence of imprisonment that is served at the persons residence
46
Sentencing Options in Norway
Imprisonment – maximum term of imprisonment that can be imposed in Norway is 21 years (30 years for war crimes, genocide and crimes against humanity). Preventative detention – dangerous and sane offenders. Community sentence – imposed instead of a term of imprisonment and will generally require the person to undertake community service. Fines – similar to Victoria, consideration is given to the person’s financial position. Loss of rights – if an offender is unfit for a particular position or activity they may be deprived of undertaking this activity in the future.
47
Alternative approaches to sentencing
A DTO ( Drug treatment order) is a sanction which aims to rehabilitate the offender by providing a judicially-supervised, therapeutically-oriented drug or alcohol treatment program There are two parts to a DTO: The treatment & supervision part, which consists of core conditions & program conditions. The custodial part: which requires the Drug Court to impose a sentence of imprisonment of no more than 2 years.
48
Koori court
The Koori Court was established as a division of the Magistrates’ Court in 2002. It is situated in various locations. The Koori Court is available to an Aboriginal accused person. It provides an informal atmosphere for sentencing and allows representation from the Aboriginal community in the sentencing process. Elders and family members are present during sentencing.
49

Legal (3 decks)

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