Test 3 Flashcards
Bail
The release of a person whistle they are awaiting a hearing or a trial
Parole
Release of a prisoner under the supervision of parole officer with conditions attached
Retribution
Revenge, the offender must pay for his/her crime
Deterrence
To stop the public or a person from committing the crime again. Eg fine
Rehabilitation
Is the act of restoring someone to their. original state before offending behaviour. Eg counselling
General deterrence
To discourage the community from commuting the crime
Recidivism
The tendency of an offender to engage in repeated criminal behaviour.
40% in Victoria
Sanction
A punishment given by magistrates or judge in a criminal case
Identify the act that must be referred to when sentencing offenders in Victoria
Sentencing act 1991
Remand
Detention of a person in legal custody until their trial
Fine
A fine is a monetary penalty that is a set amount of money that must be paid by the accused as a punishment
Imprisonment
Removal of the offender from society by detainment
Community corrections order
Is a flexible sentencing order served in the community
Good behaviour bond
Can be given with or without conviction
Explain the avenues available for seeking compensation
Claims through court actions suing the offender for the loss that was suffered
What is a victim impact statement
Of a person is accused of a crime pleads guilty or is found guilty, a victim impact statement can be taken into account by the court in deciding the penalty
The PURPOSE of a victim impact statement
Victim impact statement explains how the crime has affected. It includes issues such as financial loss, physical injury and properly damage or loss as a direct result of the crime
Explain the purpose for a court hierarchy
Right of appeal
Precedent
Administrative convenience
Specialisation
Jurisdictions of Magistrates court
Summary offences
Frauds up to 100,00
Indictable offences head summarily
Jurisdictions of the county court
All indictable offences except for murder, attempted murder and child destructions
Jurisdictions of the Supreme Court
Most serious offences such as murder
Jurisdictions of the high court
Cases involving the constitution and it’s interpretation
Disputes between states and residents of different states
Disputes in which the commonwealth is a party
Koori court
A specialist court that deals with aboriginal offenders. The goal of the court is to create procedures that are more culturally appropriate to aboriginal offenders.
