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Legal Studies 3/4 > U3AO1 - Crim Law - Principles of Justice > Flashcards

U3AO1 - Crim Law - Principles of Justice Flashcards

1
Q

Legal principles/procedures that uphold fairness (criminal) x8

A
  • Presumption of innocence
  • Burden of proof lies with prosectuion
  • Standard of proof being high
  • Hearings open to the public
  • Right to seek legal representation
  • Accused can present their case
  • Resolution of cases with minimal delay
  • Independant judge
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2
Q

Legal principles/procedures that uphold equality (criminal) x7

A
  • All accused people treated the same
  • Interpreters
  • All victims remaining informed/contributing to sentancing
  • Consistant application of law
  • Rule of law
  • Independant decision-maker
  • Right to seek legal representation
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3
Q

Legal principles/procedures that uphold access (criminal) x7

A
  • Availability of free legal information
  • Resolution of cases with minimal delay
  • Right for victims to remain informed/contribute to sentancing
  • Availability of legal aid
  • Hearings open to the public
  • Interpreters
  • Right to trial by jury for serious criminal offenses
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4
Q

Roles of VLA in assisting accused persons x4

A
  • Provide free legal information (everyone)
  • Provide free legal advice (vulnerable priortised)
  • Provide duty lawyer services (summary offenses)
  • Provide grants of legal assistance (means test/benefit to community)
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5
Q

Roles of VLA in assisting victims x4

A
  • Provide legal information (everyone)
  • Provide a Victims Legal Service (all victims)
  • Provide duty lawyers (vulnerable prioritised)
  • Provide grants of legal assistance in relation to intervention orders (strict eligibility)
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6
Q

VLAs ability to achieve fairness x2, x1

A
  • Fair hearing due to presence of lawyer
  • VLA guided by the Victims Charter to help victims, treating them fairly
  • Limited budget, can’t help all people in every case
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7
Q

VLAs ability to achieve equality x3, x1

A
  • Free legal information to everyone
  • Eligibility criteria based off need, not personal characteristics
  • Interpretor services available (language + Auslan)
  • Eligibility criteria means someone who can’t afford a lawyer may not be eligible, reducing equality
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8
Q

VLAs ability to achieve access x4, x4

A
  • Free information is accessable
  • Services can be accessed in person, over phone and online
  • Duty lawyers/GoFA increase access as the participant is informed
  • Victims are supported by Victims Legal Service
  • Mean/income tests may prevent people from accessing services
  • Doesn’t provide info about all types of matters
  • Online info may be inaccessible for people without internet
  • VLA is limited in ability to facilitate access due to lack of funding
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9
Q

Roles of CLCs in assisting accused persons x3

A
  • Provide legal information
  • Provide basic legal advice and assistance
  • Provide legal representation (rare)
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10
Q

Roles of CLCs in assisting victims x4

A
  • Proide legal information
  • Provide basic legal advice and assistance
  • Provide duty lawyer services for intervention hearings
  • Provide legal representation
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11
Q

CLCs ability to achieve fairness x2, x2

A
  • Legal support allows people to present their case in the best light
  • Victims can get support, reducing stress and allowing them to give accurate statements
  • Can’t provide legal presentation usually
  • Can’t provide assistance to all victims
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12
Q

CLCs ability to achieve equality x2 x3

A
  • Interpreter services
  • Provide specific advice regardless of personal characteristics
  • Strict eligiility requirements
  • Lack of funding reduces ability to equally help everyone
  • Few CLCs in rural Victoria
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13
Q

CLCs ability to achieve access x4 x3

A
  • Provide free legal information, increasing understanding
  • Specialist CLCs can assist in specific areas of law, increasing access
  • Located across Victoria + over the phone
  • Victims can receive fee legal advice
  • Don’t provide resources for serious offenses
  • Fewer CLCs in rural Victoria
  • Lack of funding reduces ability to promote access
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14
Q

Define plea negotiations

A

Discussions between the prosecution and the accused, aimed at encouraging the accused to plead guilty to a lesser charge, or fewer charges altogether in exchange for the prosecution requesting a lesser sentence

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15
Q

Purposes of plea negotiations x5

A
  • Achieve early determination of a case
  • Avoid stress/trauma of trial
  • Avoid costs associated with a trial
  • Secure a conviction
  • Allow offender to recieve a reudced sentance
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16
Q

Circumstances when plea negotations are appropriate x8

A
  • Accused is willing to plead guilty
  • Accused or prosectuion wishes to avoid cost/time of trial
  • Accused is self-represented and unable to present case in the best light
  • Victims/witnesses are reluctant to give evidence or high risk of secondary victimisation
  • Witnesses aren’t believable, reducing likelihood of conviction
  • Vital evidence is inadmissible, reducing likelihood fo conviction
  • Victimless crimes where victims views don’t need to be taken into account for sentancing
17
Q

Circumstances when plea negotations are not appropriate x3

A
  • Accused isn’t prepared to plead guilty
  • Offence is serious enough that a conviction for a lesser charge is not in community interest
  • Victim/family opposes agreement (factor, but can be overruled)
18
Q

Plea negotiations ability to achieve fairness x2, x3

A
  • Accused may plead guilty a charge that adequalty reflects the crime
  • Secure a conviction without the need for a trial
  • Accused may ‘get off lightly’, unfair outcome
  • Private, undermining fairness
  • If victim/family opposes agreement but prosecution proceeds anyway, can be unfair outcome for them
19
Q

Plea negotiations ability to achieve equality x2, x1

A
  • Personal characteristics not relevant during negotiations
  • Both parties can request a plea negotiation
  • Not available to all accused as prosecution must agree
20
Q

Plea negotiations ability to achieve access x1, x3

A
  • Save courts time/resources
  • If accused gets off lightly, victim can’t access justice
  • Access to negotiations are limited as prosecution has to agree
  • Done in private, victims can’t engage in the process, reducing access
21
Q

Original and Appleate jurisdiction of Magistrate (criminal)

A
  • Summarry offenses
  • Indictable offenses heard summarily
  • Applications for warrants
  • Bail hearings

Appellate - N/A

22
Q

Original and Appleate jurisdiction of County (criminal)

A

Most indictable offenses
- Rape
- Armed robbery
- Serious drug offenses

Appeals from Mag:
- Offender is appealing conviction
- Offender/prosecution is appealing sanction

23
Q

Original and Appleate jurisdiction of Supreme - Trial (criminal)

A

Unlimited criminal jurisdiction (but only most serious):
- Murder/manslaughter
- Terrorisim

Appeals from Mag on questions of law

24
Q

Original and Appleate jurisdiction of Supreme - Appeal (criminal)

A
  • No original

Appeals from County / Supreme-Trial

25
Q

Define Specialisation

A

The process of a court developing expertise in a particular area of law as a result of hearing similar matters regularly

26
Q

How are the criminal courts specialised

A

Mag - many minor criminal offenses
County - indictable offenses and jury empanelment
Supreme - serious indictable offenses and jury empanelment

27
Q

Court hierarchy’s ability to achieve fairness x1, x1

A
  • Specialisation means judges are experts in areas of law, leading to fair outcomes
  • Some offenders may not be able to appeal if they can’t afford the fees
28
Q

Court hierarchy’s ability to achieve equality x1, x1

A
  • All people have same right to appeal on valid grounds
  • Appeals aren’t equally accessible due to costs
29
Q

Court hierarchy’s ability to achieve access x2, x2

A
  • Access to justice via appeals
  • Specialisation increases effeciency, increasing access
  • Grounds for appeal are necessary, rendering some cases inelgible for review
  • Cost of appeal makes them less accessible

Legal Studies 3/4 (10 decks)

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