Brainscape's Knowledge GenomeTM

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


See full index

legal studies !! > UNIT 1 AOS 3 > Flashcards

UNIT 1 AOS 3 Flashcards

SANCTIONS

1
Q

Punishment

A

penalise the offender, criminal behaviour is not tolerated.

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

Protection

A

society safe, preventing offenders from harming again.

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

Deterrence

A

discourage offenders and others in society from committing crimes due to consequences imposed.

General - general public
Specific - specific group of offenders

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

Denunciate

A

demonstrate the community’s disapproval of the offenders actions.

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

Rehabilitation

A

reform offenders to prevent them from committing crimes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Sanctions

A

Penalties imposed by courts to individuals who are guilty of a criminal offence.

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

What are the 5 purposes of sanctions?

A

Punishment, Protection, Deterrence, Denunciate and Rehabilitation

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

2 categories of sanctions

A

Custodial (removed from community), non-custodial (serves sanction in community)

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

Fines

A

non-custodial sentence, form of monetary penalty

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

Purpose of fine

A

Deter community from committing the crime.

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

CCO sanctions

A

serve their time within the community

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

Aggravating factors

A

increase a sentence

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

Mitigating factors

A

reduces the sentence.

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

Victoria Police

A

enforce and serve criminal law

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

Delegated bodies

A

laws created by authorities (parliament granted legislative assembly)

Consumer Affairs, Environmental Protection Area, Local Councils.

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

WorkSafe Victoria

A

Ensures health and safety for employees

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

Stage of criminal cases

A

Arrest - Questioning - Bail - Court Proceedings - Imprisonment

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

Individual rights

A

refuse to go to police station, must be informed of reason for arrest, must be brought before bail within reasonable time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Powers and rights

A

Arrest without warrant - Refuse to say anything

Use force when arresting - Protected from unreasonable force

Examine a prisoner - Exercise 1 hour minimum per day

Prosecute accused - Know what evidence against them

Question a persons involvement - Communicate with lawyer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Victorian Court Hierarchy

A

HIGH COURT [Appeals]

SUPREME COURT [Court of Appeal, Trial Division for homicide cases]

COUNTY COURT [Indictable offences]

MAGISTRATE’S COURT [Summary offences]

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

Role of courts

A

determine guilt, impose sanction

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

Jurisdiction:

A

Original (hearing for 1st time)

Appellate (Not hearing for 1st time, appeal)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Strengths of courts

A

Free from bias, ensure fairness, expertise knowledge

24
Q

Weakness of courts

A

Disadvantaged, not clear understanding of legal system,

25
Q

Jury

A

12 people, original jurisdiction of county + supreme, determine guilt, decide on verdict, determine sanction, listen to evidence presented

26
Q

Ineligible if

A

sentenced to prison 3+ years, on bail

27
Q

Disqualified if

A

Members of parliament or lawyers, cannot communicate English, physical disability

28
Q

Excused if

A

More than 50km from Melbourne, ill, occupation

29
Q

Challenged if

A

0 number to challenges for good reason, 3 number of challenges for no reason

30
Q

Strength of jury

A

independent and impartial, community involvement, fairness, spread responsibility

31
Q

Weakness of jury

A

no reason for decision, difficult, biases

32
Q

Mandatory conditions

A

Enforce purpose of sanction but impacts depend

33
Q

Optional conditions

A

Can enforce purpose of sanction

34
Q

Parole

A

Supervised and early release of prisoner with conditions

35
Q

Concurrent sentence

A

Served at the same time

36
Q

Cumulative sentence

A

Served one after another

37
Q

Elements of CCO

A

rehabilitate, non custodial, comply with directions given

38
Q

Alternative sentencing approaches

A

Drug Court, Koori Court, Diversion Program

39
Q

Drug court

A

Those under the influence of drugs/alcohol support

40
Q

DATO (Drug and alcohol treatment order)

A

Rehabilitate, provide supervised treatment

41
Q

Koori court

A

Sentencing for First Nations people, representation of First Nations

42
Q

Diversion program

A

steer away from life of crime, summary offences (Magistrate’s, and Children’s court)

Reduces reoffending and assist rehabilitation/counselling

43
Q

Parliaments

A

9 parliaments

Exclusive law-making power: commonwealth

Residual: only state/territories

Concurrent: both

44
Q

Northern Territory V Victoria

A

NT:
- unicameral parliament
- own court system + hierarchy
- same sanctioning

Sentencing imposed in NT:
- imprisonment
- home detention
- community work
- must impose minimum sentencce
- overrepresented in NT

45
Q

Similarities NT v VIC

A

Same sentencing purpose
Same sentence type
Jurisdiction: minimum terms
Both prison population are overrepresented by First Nations
Sentencing factors are same (guilty pleas, mitigating, aggravating)

46
Q

Differences

A

Fewer courts
Fewer prisons
Home detention and suspended sentences (NT)
Minimum sentencing regime

47
Q

Parole

A

Supervised release of prisoner after minimum period of time

48
Q

Recidivism

A

Returning to crime after already being convicted

49
Q

Role and jurisdiction of Victorian Courts

A

If charged with indictable offence, and plead not guilty: right to trial.

(if guilty = sentencing hearing).

50
Q

Committal hearing

A

Right of an accused, Magistrate’s Court, prosecution lays evidence before the Magistrate who will make a decision to either:

  • Proceed with a jury trial in higher court - date is set
  • Not proceed with the case - accused discharged
51
Q

Why would a case involving an indictable offence be held in more than one court?

A

Murder - Supreme Court, Trial Division
Magistrate’s Court first for committal hearing and to see how the case will go further

52
Q

Similarities between CCO and Jail

A

CCO - served within the community, can be served AFTER jail sentence.

Jail - served in a prison.

53
Q

Community Protection through a sentence

A

used in a way that makes sentences more severe.

54
Q

Jurisdiction in Victoria compared to (another)

A

County court: indictable offences except murder

Magistrates: summary offences, heard summarily

55
Q

Equality

A

all laws should be applied equally to people in society. Adequate measures can be taken to allow equality.

legal studies !! (8 decks)

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