SANCTIONS AOS3 Flashcards
WHAT ARE THE 3 PRINCIPLES OF JUSTICE
Equality, Fairness and Access
WHAT IS FAIRNESS AND GIVE ME AN EXAMPLE?
all people can participate in justice system and its processes should be impartial and open. e.g. the right to legal representation.
WHAT IS EQUALITY AND GIVE ME AN EXAMPLE
all people should be treated the same regardless of race and other personal attributes. e.g. availability of a translator
WHAT IS ACCESS AND GIVE ME AN EXAMPLE
all people should be able to use procedure methods that are apart of the legal system.
e.g. right to legal aid (lawyers, legal advisors)
DEFINE DELEGATED BODIES
SPECIALISED GOVERNMENT AGENCIES THAT HAVE GIVEN ATHORITY FROM THE PARLIAMENT TO ENFORCE AND MAKE LAWS
ROLE OF DELEGATED BODIES
To investigate, prosecute and enforce laws in their specific area.
ROLE OF COURTS
Determine a case: make decision on guilt or innocence
ORIGINAL JURISDICTION
legal power of a court/or authority to hear a case for the first time.
APPELLATE JURISDICTION
courts ability to hear a case where one or both parties seek of appeal.
ROLE OF A JURY
- for indictable offences (in original jurisdiction of a county or supreme court
- determine verdict
- when an accused is pleads ‘not guilty’
COMPOSITION OF A JURY
consists of 12 people and must be over 18 (eligible for voting in victoria).
STRENGTHS OF A JURY
- impartial and independent
- reflects on community values
WEAKNESSES OF A JURY
- may have biases
- use of juries can create delays and create more stress on the accused and victims of the crime
DIFFICULTIES EXPERIENCES BY FIRST NATION PEOPLE?
- language barrier
- cultural traditions
PURPOSE FOR CRIMINAL SANCTIONS?
The purpose allows the victim and their family to seek retribution (pay back) for the offence being committed.
