sanctions Flashcards
court hierarchy
the ranking of courts from lowest to highest according to the seriousness and complexity of the case
reasons for court hierarchy: specialisation
developed within the court system ensuring a more efficient and consistent approach to cases
reasons for court hierarchy: doctrine of precedent
os possible as any decision made in a higher court becomes binding on lower courts in the same court hierarchy, this allows for consistency when similar cases appear in the court system
reasons for court hierarchy: administrative convenience
ensures similar cases in term of severity and complexity may be heard in the same court, meaning that minor offences will be heard in the magistrates court and more serious matters will be heard in the county or Supreme Court
the role of victorian courts
- to determine a criminal case - decide whether an accused is guilty or not guilty 2. to impose a sanction - sanctions are penalties imposed by a court on a person who has been found guilty of a crime
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
reasons for court hierarchy: appeals
to higher courts when one of the parties believes there has been an error they can apply to have the previous ruling reviewed by a higher court
the role of a jury
criminal juries are used in the original jurisdiction of the county court and the Supreme Court to determine the guilt of an accused person charged with an indictable offence
reasons for being unable to serve on a jury
- ineligible - eg. occupation, intellectually disabled 2. disqualified - eg. spent time in prison, bankrupt 3. excused - due to hardship 4. challenges - either side can challenge up to three jurors for no reason and an unlimited number with a valid reason
victorian police
the main institution that enforces criminal law in Victoria. They investigate crimes, collect evidence and arrest and charge the accused.
fairness
there should be fair legal processes and a fair hearing. sanctions for crimes should reflect what the community expects for such offences
access
parties should understand their rights and have the opportunity to use institutions, processes and systems used for criminal cases
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, factors such as prior convictions or level of remorse can influence the sanction.
mitigating factors (factors that may decrease a sentence)
- nature and gravity of the offence - offending at the low end of the scale may persuade court to impose a lower sentence 2. early guilty plea - attracts lower sentence as it saves time, cost and trauma of trial 3. mitigating factors - accused may have acted under duress, have good prospects of rehabilitation 4. lack of prior offending - may indicate this was a one off offence 5. remorse - through early guilty plea, apology to victim
aggravating factors (factors that may increase a sentence)
- nature and gravity of an offence - offending at the high end of the scale may persuade. court to impose a sentence close to maximum 2. aggravating factors - violence, the crime being witnessed by children 3. previous offending - may indicate offender is not learning from their mistakes 4. impact of crime on victim - greater level of victim suffering may lead to higher sentence 5. injury, loss or damage - significant injury loss or damage will likely lead to a higher sentence
imprisonment
a sanction that involves the removal of the offender from society for a stated period of time and placing them in prison
the drug court
a division of the Magistrates Court which deals with offenders who commit crimes while under the influence of drugs or to support a drug habit
the Koori Court
a division of both the Magistrates Court and the County Court. It is an informal sentencing court for Indigenous offenders where elders of the aboriginal community are present during sentencing
Australian Federal Police
they investigate crimes against a law of the Commonwealth. eg - border protection, smuggling or terrorism
delegated bodies
an authority or agency given power by the Victorian Police to make or enforce laws
purposes of sanctions
- punishment- the severity of the sentence should reflect the severity of the crime 2. deterrence - general (aims to discourage everyone) and specific (focuses on discouraging the offender) 3. denunciation - shows the courts disapproval 4. protection - ensures community safety by imposing a sanction that prevents the offender from re offending 5. rehabilitation - treating the offender for the underlying cause of their offending eg. counselling
fines
a monetary policy paid by the offender to the state of Victoria
community corrections order (CCO)
a flexible sanction that is served in the community with several basic and optional conditions attached
court proceedings (individual rights)
- to be presumed innocent u til
court proceedings (individual rights)
- to be presumed innocent until proven guilty 2. be informed in detail about the nature and reason for the charge
imprisonment (individual rights)
- right to be in open air for at least an hour each day 2.the right to be provided with suitable clothing
arrest (individual rights)
- an individual can refuse to attend the police station unless under arrest 2. a person does not need to say anything other than name or address
arrest
the process of charging and accused with a crime and taking them into custody. The police can arrest a person if it is believed they have committed a crime with or without a warrant
questioning
if a person has been arrested and is in custody that person will be questioned to determine their involvement in the crime
questioning (individual rights)
- the person just be informed that they do no not have to say anything 2. the questioning must occur within reasonable time
