Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law and Order > Topics 3 + 4 > Flashcards

Topics 3 + 4 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What are the Pre-Trial Procedures?

A

They test the strength of the evidence and encourage a guilt plea from the accused.
1. Investigation and charging of the accused
2 Collection of evidence and plea
3. Committal
4. Trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the purpose of the pre-trial procedure?

A

Deals with the evidence that has been compiled against an accused person. A judge and the accused will also go through a plea negotiation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a plea negotiation?

A

Allows for defendants to reduce sentences and outcomes based on cooperation and negotiation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When is a plea negotiation used?

A

Whether or not the case may be resolved via a guilty plea as opposed to going to trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the key elements of a committal hearing?

A
  1. To decide if there enough evidence to justify holding a full trial
  2. Make sure that the accused gets a fair trial
  3. To find out whether the accused wishes to plead guilty/not guilty.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How do pre-trial procedures benefit the legal system in Victoria?

A

Decide if the case will go to trial and saves money ad time that a trial would normally take if the case is tried in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens before a trial?

A

Accused is charged and arrested
Bail/remand
Committal
Plea Negotiation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What happens during a trial?

A

Procedure
Evidence
Question witnesses
Role of jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What happens after the trial?

A

Victim impact statement
Sentencing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the purpose of a trial?

A

Trials are conducted to determine the guilt or otherwise of the person charge with the crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the main reasons we like to avoid trials?

A

Trials are expensive and take a lot of time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What role does evidence play in a trial?

A

Evidence is the facts or information to support an assertion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What types of evidence are ‘inadmissible’?

A

Hearsay
Irrelevant Evidence
Improperly Obtained Evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Hearsay Evidence?

A

A witness says, “I heard someone say that Bob stole a car.” This isn’t allowed because the witness didn’t see it happen.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Irrelevant evidence?

A

Showing that a defendant was late to work on a day unrelated to the crime doesn’t matter in the case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Improperly Obtained Evidence?

A

If police search a home without a warrant and find drugs, that evidence can’t be used in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What role do jurors play?

A

Listen to all of the evidence
Reach a verdict
Never talk about jury room deliberations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What can Jurors do?

A
  1. Listen to the trial: Hear evidence and witness testimonies.
  2. Ask questions: Sometimes submit questions to the judge.
  3. Discuss with other jurors: Talk about the case during deliberations.
  4. Base decisions on court evidence: Use only what’s presented in court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What can Jurors not do?

A
  1. Do research: No looking up information outside the trial.
  2. Talk about the case outside: No discussing it with anyone not on the jury.
  3. Bring personal feelings: Set aside biases and opinions.
  4. Use social media: No posting about the case online.
  5. Visit the scene: Can’t go to the location related to the case unless allowed by the court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What types of trials do we need jurors for?

A

Juries for indictable offences, jurors are never needed in a magistrates’ court unless requested.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Are jurors always effective?

A

No they are not
They might have Bias
They have a Lack of Understanding of the legal system
The Group Dynamics may sway jurors decisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is Bias?

A

Personal beliefs or experiences can influence a juror’s ability to remain impartial, leading to decisions based on emotions rather than facts.

23
Q

What is Lack Of Understanding?

A

Jurors may struggle with complex legal terms or evidence, making it hard for them to evaluate the case accurately.

24
Q

What is Group Dynamics?

A

Peer pressure or dominant personalities in the jury room can sway individual opinions, affecting the overall decision-making process.

25
Q

Difference between culpable and dangerous?

A

To drive dangerously - run a stop sign, slightly over speed limit, enter a roundabout illegally.
To drive culpably - under the influence, driving without a license, excessive speed limit. Accused was driving grossly negligent.

26
Q

What is the maximum sentence for both?

A

Culpable - 20 years in jail
Dangerous - 10 years in jail

27
Q

What are the five purposes?

A

Protection
Punishment
Deterrence
Denunciation
Rehabilitation

28
Q

What is Protection?

A

Protects the community from the offender(s) so that they are not at risk of being the next victim of crime.

29
Q

What is Punishment?

A

Punishes the offender for their crime(s)

30
Q

What is Deterrence?

A

Discourages the offender or other people from committing similar crimes.

31
Q

What is Denunciation?

A

Shows the disapproval of the court of the conduct.

32
Q

What is Rehabilitation?

A

Assists offenders to change their attitudes and be treated.

33
Q

How do we know if our purposes are working?

A

If the Accused changed their behaviour
If the offender committed the same crimes
If the offender been punished
If the community been protected

34
Q

What are the key characteristics of each type of sanction?

A

Fines:
The most common penalty awarded and they are measured in penalty units (One equates for $197.59). The court decides whether fines can be given either with or without conviction.

CCO: Community Correction Order
It compels someone to do something or stops someone from doing something. It normally carries a conviction and tries to correct the behaviour in the community.

35
Q

What offences would carry a sanction for each?

A

Fines:
Minor driving offences
Parking offences
Fare evasion
Drinking in public
CCO:
Counseling
Community service

36
Q

How does a CCO differ from imprisonment?

A

It is a supervised sentence served in the community.

37
Q

Why might two people receive different sentences for the same offence?

A

Criminal History
Circumstances of the crime
Mitigating and Aggravating Factors
Judicial Discretion

38
Q

What is Circumstances of the crime?

A

Specific details about the crime, such as whether it involved violence or was particularly egregious, can influence sentencing.

39
Q

What are Mitigating and Aggravating Factors?

A

Personal circumstances (like mental health issues) can lead to lighter sentences, while factors that make the crime more serious (like targeting vulnerable victims) can lead to harsher penalties.

40
Q

What is Judicial Discretion?

A

Judges have the authority to consider individual case nuances, which can result in different sentences based on their interpretations and judgments.

41
Q

Do fines achieve all five purposes?

A

Punishment:
Can serve as a punishment for wrongdoing.
Deterrence:
Can deter both the individual and others from committing similar offences due to the financial consequences.
Rehabilitation:
Generally do not address underlying issues that contribute to criminal behaviour.
Protection:
Do not directly contribute to public safety beyond the immediate punishment.
Rehabilitation:
May provide some restitution to victims but do not directly involve them in the process.

42
Q

Do CCO’s achieve all five purposes?

A

Punishment:
Also serve as a form of punishment, although they may feel less like punishment than imprisonment.
May deter future offences through community service and supervision, but their effectiveness can vary.
Rehabilitation:
Often include conditions aimed at rehabilitation, such as counselling or treatment programs.
Protection:
Can enhance public safety by monitoring offenders and ensuring compliance with conditions that reduce the risk of reoffending.
Rehabilitation:
Can include community service that helps restore the community, though they might not directly address victim needs.

43
Q

What is Youth Diversion?

A

Youth Diversion is a sanction that provides an opportunity for eligible young people appearing before the Children’s Court to:
- Accept responsibility for their behaviour
Complete a diversion program
- Have the charge(s) against them dropped, upon successful completion of the diversion plan
- Avoid the negative stigma associated with a criminal record.

44
Q

Who is eligible for Youth Diversion?

A
  1. Offender must always be a first time offender
  2. Charge must related to a minor crime
  3. Offender has to acknowledge that they did something wrong
45
Q

What are some typical actions someone sentenced as a youth diversion might do?

A
  • A letter of apology to the victim
  • A reflective discussion to improve a young person’s understanding of
    their offending behaviour
  • An education-related intervention (such as support to improve attendance or reengagement with education, training or employment)
  • A commitment to participate in an activity to address a health or well-being concern (such as counselling or an assessment for a cognitive impairment or learning difficulty)
  • Engagement in a structured activity that promotes prosocial engagement (such as sport, cadets, music or art).
46
Q

Is Youth Diversion an effective sentence?

A

Reduced Recidivism
Rehabilitation Focus
Less Stigmatisation
Tailored Approaches

47
Q

Does Youth Diversion achieve all five purposes?

A

Youth diversion sanctions are particularly effective in achieving rehabilitation and enhancing protection, but they may not fully fulfil the punishment purposes. Their success often depends on how well they are implemented and the specific programs involved.

48
Q

What are the key characteristics of imprisonment?

A

Imprisonment is considered the most serious and harsh sentence type of all. They spend a period of time in prison, removing all civil liberties available to the offender. Any sentence also requires a ‘parole period’ to be set.

49
Q

Why do judges always try to avoid sentencing someone to prison if there is an alternative?

A

It is quite expensive to hold someone in prison over a long time so judges will always look for an alternative sentence.

50
Q

Does Imprisonment achieve all five purposes?

A

While imprisonment can achieve punishment, protection, and some level of deterrence, its effectiveness in rehabilitation is often limited This raises questions about its overall efficacy as a comprehensive solution to crime.

51
Q

What are some key points on the history of the death penalty in Australia?

A
  • The last person hanged in Australia was in 1967, at the old Pentridge Prison in Coburg.
  • Historically Australia was a penal colony, so the death penalty was actually quite common in the first 175 years of British occupation.
  • Crimes punishable by death included sheep stealing, burglary and forgery along with the more serious matters of murder, manslaughter and sexual assault.
52
Q

What were the key reasons that the death penalty was banned in Australia?

A
  • Lets killers off too easily
  • It is barbaric and inhumane
  • It cannot be reversed
  • No second chance
53
Q

What are some key elements of an adversarial trial?

A
  • An adversarial trial is a contest between two teams in front of an impartial adjudicator to resolve conflicts
  • The dispute is controlled not by the judge but by the parties - the parties define the dispute, define the issues that are to be determined and each has the opportunity to present his or her side of the argument.
54
Q

How does a adversarial trial differ from an ‘inquisitional trial’?

A

The Adversarial trial is run more by the parties and the jury decides the verdict. The judge only ensures fairness.

Law and Order (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions