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law and order > topic 3 and 4 > Flashcards

topic 3 and 4 Flashcards

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1
Q

what are the pre-trial procedures (steps)

A
  1. investigating and charging the accused
  2. collection of evidence and plea
  3. committal process
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2
Q

purpose of the pre-trial procedures

A

to see if there’s enough evidence to go to trial, give the opportunity to plea, make sure they get a fair trial

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3
Q

what is a plea negotiation

A

the defendant pleas guilty in order to receive a lesser sanction

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4
Q

when does a plea negotiation occur

A

at any time during a trial, the earlier, the more lenient the sanction

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5
Q

what happens in a committal hearing

A

parties present evidence and case and magistrate decides whether or not there is enough evidence to go to trial

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6
Q

what are the benefits of pre trial procedures

A

they save the courts time, money and the need for a jury, it also allows for an early guilty plea

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7
Q

what happens in a trial (process)

A

opening statements from both parties, witnesses are questioned (both parties), closing statements, jury considers evidence and decides the facts, come up with a verdict (guilty, not guilty or hung jury)

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8
Q

what happens after a trial (if guilty)

A

victim impact statement collected, judge decides sanctions

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9
Q

what is the purpose of a trial

A

to determine the guilt or not of the accused and allocate sanctions accordingly

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10
Q

what role does evidence play in a trial

A

evidence supports the cases of each party, gives strength and credibility to the arguments

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11
Q

which types of evidence are inadmissable

A

hearsay evidence, irrelevant evidence and improperly obtained evidence

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12
Q

what is hearsay evidence and why is it inadmissible

A

second hand news is inadmissible as middle person may have misheard or were told a lie

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13
Q

what is irrelevant evidence and why is it inadmissible

A

not relevant in the trial as it may distract jury

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14
Q

what is improperly obtained evidence

A

police power was abused to obtain evidence, accused hasn’t been given their rights, searches need to be legal

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15
Q

what is the role of a juror

A

to listen to the evidence given, decide the facts and decide if the accused is guilty or not beyond reasonable doubt, must be unanimous

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16
Q

when is a jury used and how many jurors

A

in cases where the offence is indictable, 12 jurors and in some civil cases, 6 jurors

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17
Q

what cant a jury do

A

do their own research, try to persuade other jurors, tell anyone about deliberations

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18
Q

when aren’t jurors effective

A

jurors are regular people and don’t understand complex law terms

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19
Q

when are jurors effective

A

they are able to look at a case objectively without prior knowledge, only the facts

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20
Q

what is culpable driving and examples

A

when driving fell below the required standard of driving, the driver is under the influence, driving without a licence and/or excessive speed

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21
Q

what is dangerous driving

A

the driver disobeys road rules even though they might cause an accident, dangerous to the public

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22
Q

maximum penalty for culpable driving

A

20 years imprisonment

23
Q

maximum penalty for dangerous driving

A

2 years imprisonment

24
Q

purposes of sanctions (5)

A

deter, protect, denounce, punish and rehabilitate

25
Q

what does deter mean

A

discourage the offender from committing the crime again (specific) and deter others in the community from committing the crime (general)

26
Q

what does protect mean

A

protect the community from the offender to ensure they are not a risk of being the next victim

27
Q

what does denounce mean

A

shows the disapproval of the court, often applies to new crimes so court can send the message that they dont tolerate these crimes

28
Q

what does punish mean

A

revenge against the offender for victims/society, punishes offenders for their crimes

29
Q

what does rehabilitation do

A

assists offenders to change attitudes

30
Q

how is the effectiveness of the sanctions measured

A

if sanctions are effective, recidivism rates will decrease and eventually so will crime rates

31
Q

what is recidivism

A

the amount of offenders who re offend

32
Q

what are the possible sanctions awarded to crimes

A

fines, community correction orders, diversion, imprisonment

33
Q

what is a fine and what is it measured in

A

most common penalty, measured in penalty units, 1 penalty unit is worth $197, fines can be given with or without conviction (record)

34
Q

who can fines be issued by

A

the court or police/authorised government officials (myki inspectors)

35
Q

what are fines given for

A

speeding, parking offences, drinking in public

36
Q

what is a community correction order and what does it do

A

supervised sentence served in the community, compels someone to do something or stops someone from doing something

37
Q

what are some cco’s given

A

community service, counselling, attend addiction meetings

38
Q

what are the terms of a cco

A

crime cant be too serious, offender has to agree and the offender must co operate

39
Q

what would a cco be given for

A

drunk in public (repeatedly), drink driving,

40
Q

how is a cco different to imprisonment

A

sentence is supervised and served in the community, they can still have some freedoms (going home) unlike prison

41
Q

what causes sanctions to vary for the same offence

A

aggravating and mitigating circumstances including prior convictions, poor circumstances growing up

42
Q

what is youth diversion

A

an alternate sanction for eligible youth to accept responsibility, complete a diversion program, have charges dropped and avoid a record

43
Q

who is eligible for a youth diversion program

A

must be a first time offender, a minor crime, under 18 and acknowledge their wrong doings

44
Q

what is the purpose of youth diversion

A

aims to lower recidivism by addressing reasons behind offence and gives an opportunity to avoid a criminal record

45
Q

what must the participant of a youth diversion do

A

admit to their offence, write a letter of apology, undergo an educational intervention (attendance/re engage), participate in an activity to address health/well being (counselling), engage in structured activity to promote social engagement (sport, art, cadets)

46
Q

what is imprisonment

A

imprisonment sentences the offender to a period of time in prison, removing all civil liberties

47
Q

why is imprisonment the last option

A

it is expensive, it is difficult to re enter society after being imprisoned

48
Q

last time the death penalty was used in australia details

A

in 1967, ronald ryan, pentridge prison

49
Q

where is the death penalty still used

A

china, some US states, indonesia, iran

50
Q

why was the death penalty banned in australia

A

many believed it was inhumane, didn’t give people a chance to defend their innocence, changing political and social views

51
Q

what is an adversarial trial

A

a contest between two teams in front of an impartial adjudicator to resolve conflicts

52
Q

how does an adversarial trial work

A

dispute isn’t controlled by judge, only defined by the parties, not commonly used

53
Q

what does a judge do in an adversarial trial

A

ensures rules of evidence and procedure are followed, the ‘umpire’

54
Q

what is an inquisitional trial

A

the court (judge) is actively involved in proof of facts by investigating the case, parties only question after judge is finished

law and order (3 decks)

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