task 2 Flashcards
what is sent to prospective jurors to determine eligibility
questionnaire
outline the process of the questionnaire getting sent out
names of prospective jurors randomly selected from electoral role -> names forwarded to jury commissionaire -> questionnaire posted to individuals
what are the options the questionnaire will determine and explain each
elidable-able to serve
inelidgable-not able to serve due to connection to legal system e.g lawyer, police
disqualified-not able to serve due to criminal background
excused-advanced age, occupation, distance from court
what are the two ways prospective jurors can be challenged
Peremptory Challege-limited to 3 per party (no reason)
Challenges for cause- unlimited in number but reason of substance required
Three roles of jury
Listen- to arguments and evidence presented by both parties
Consider- to deliberate on the guilt of the accused; will retire to consider following each parties presentations and the judges charge
Decide-guilt must be determined beyond reasonable doubt. Some cases unanimous verdict 12/12 e.g murder; some cases majority verdict 11/12
strengths of jury
involvement in community- verdict reflective of community values-verdict likely to be accepted by the community
represents a random cross section of society-range of perspectives; likelihood of prejudice is reduced
decision making responsibility is shared amongst multiple sets of shoulders- pressure is reduced
legal jargon is minimised, therefor proceedings are understandable for accused and the public
weaknesses of jury system
possibility of prejudice
complexity of law and proceedings
not a true cross section (questionnaire and challenges)
possible media influence
according to “Sentencing Act 1991 (Vic)” what are the purposes of criminal sanction
Punishment- fair and reasonable consequence based on evidence at trial
Deterrence- Discourage future criminality (specific-discourage offender) (general-discourage society)
Rehabilitation- Modify offenders behaviour e.g drug and alcohol counselling
Denunciation-To Denounce; air disapproval of offender and offense
Protection-To ensure safety of community
Three types of criminal sanctions
Fines
Community Correction Order
Imprisonment
Elaborate on Fines
A monetary penalty imposed on an offender
expressed in levels
for each level a number of penalty units apply (1 P.U. = $192.31) e.g level 2= 3000 P.U.
can be payed in installments
Elaborate on community correction order
Non-custodial sanction served in community
terms are attached to each CCO e.g. no re-offending, no leaving Victoria,(conditions vary from offender to offender) e.g drug and alcohol counselling e.g. up to 600 hours unpaid community work—breach=further punishment
Elaborate on imprisonment
Sanction of last resort
reserved for most serious offenses and offenders
restriction of freedoms
sentences of 2+ years require a non-parole period
what are wrong with fines?
little doubt whether a fine will deter an individual who has committed a minor offense
what is an aggravating factor and give examples
a factor in which are associated with the offender and the offense which increases the offenders culpability and seriousness of offense
such factors can see to the sentence imposed being increased
e.g- gravity of offense-serious offense with major ramifications
repeat offender
involvement with a group
a breach of trust
explain mitigating factors and give examples
factors associated with the offender and offense that decrease the offenders culpability and seriousness of the offense, such factors can lead to the sentence imposed decreased
examples
gravity of offense- a less serious offense= minimal impact
early guilty plea -20-30% discount of punishment
first offense
remorse-feeling of guilt about offense
