sanctions

Question 1

court hierarchy

Answer 1

the ranking of courts from lowest to highest according to the seriousness and complexity of the case

Question 2

reasons for court hierarchy: specialisation

Answer 2

developed within the court system ensuring a more efficient and consistent approach to cases

Question 3

reasons for court hierarchy: doctrine of precedent

Answer 3

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

Question 4

reasons for court hierarchy: administrative convenience

Answer 4

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

Question 5

the role of victorian courts

Answer 5

1. 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

Question 6

original jurisdiction

Answer 6

the power of a court to hear a case for the first time

Question 7

appellate jurisdiction

Answer 7

the power of a court to hear a case on appeal

Question 8

reasons for court hierarchy: appeals

Answer 8

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

Question 9

the role of a jury

Answer 9

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

Question 10

reasons for being unable to serve on a jury

Answer 10

1. 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

Question 11

victorian police

Answer 11

the main institution that enforces criminal law in Victoria. They investigate crimes, collect evidence and arrest and charge the accused.

Question 12

fairness

Answer 12

there should be fair legal processes and a fair hearing. sanctions for crimes should reflect what the community expects for such offences

Question 13

access

Answer 13

parties should understand their rights and have the opportunity to use institutions, processes and systems used for criminal cases

Question 14

equality

Answer 14

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.

Question 15

mitigating factors (factors that may decrease a sentence)

Answer 15

1. 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

Question 16

aggravating factors (factors that may increase a sentence)

Answer 16

1. 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

Question 17

imprisonment

Answer 17

a sanction that involves the removal of the offender from society for a stated period of time and placing them in prison

Question 18

the drug court

Answer 18

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

Question 19

the Koori Court

Answer 19

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

Question 20

Australian Federal Police

Answer 20

they investigate crimes against a law of the Commonwealth. eg - border protection, smuggling or terrorism

Question 21

delegated bodies

Answer 21

an authority or agency given power by the Victorian Police to make or enforce laws

Question 22

purposes of sanctions

Answer 22

1. 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

Question 23

fines

Answer 23

a monetary policy paid by the offender to the state of Victoria

Question 24

community corrections order (CCO)

Answer 24

a flexible sanction that is served in the community with several basic and optional conditions attached

Question 25

court proceedings (individual rights)

Answer 25

1. to be presumed innocent u til

Question 26

court proceedings (individual rights)

Answer 26

1. to be presumed innocent until proven guilty 2. be informed in detail about the nature and reason for the charge

Question 27

imprisonment (individual rights)

Answer 27

1. right to be in open air for at least an hour each day 2.the right to be provided with suitable clothing

Question 28

arrest (individual rights)

Answer 28

1. 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

Question 29

arrest

Answer 29

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

Question 30

questioning

Answer 30

if a person has been arrested and is in custody that person will be questioned to determine their involvement in the crime

Question 31

questioning (individual rights)

Answer 31

1. the person just be informed that they do no not have to say anything 2. the questioning must occur within reasonable time