UNIT 1 AOS 3 Flashcards
SANCTIONS
Punishment
penalise the offender, criminal behaviour is not tolerated.
Protection
society safe, preventing offenders from harming again.
Deterrence
discourage offenders and others in society from committing crimes due to consequences imposed.
General - general public
Specific - specific group of offenders
Denunciate
demonstrate the community’s disapproval of the offenders actions.
Rehabilitation
reform offenders to prevent them from committing crimes.
Sanctions
Penalties imposed by courts to individuals who are guilty of a criminal offence.
What are the 5 purposes of sanctions?
Punishment, Protection, Deterrence, Denunciate and Rehabilitation
2 categories of sanctions
Custodial (removed from community), non-custodial (serves sanction in community)
Fines
non-custodial sentence, form of monetary penalty
Purpose of fine
Deter community from committing the crime.
CCO sanctions
serve their time within the community
Aggravating factors
increase a sentence
Mitigating factors
reduces the sentence.
Victoria Police
enforce and serve criminal law
Delegated bodies
laws created by authorities (parliament granted legislative assembly)
Consumer Affairs, Environmental Protection Area, Local Councils.
WorkSafe Victoria
Ensures health and safety for employees
Stage of criminal cases
Arrest - Questioning - Bail - Court Proceedings - Imprisonment
Individual rights
refuse to go to police station, must be informed of reason for arrest, must be brought before bail within reasonable time
Powers and rights
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
Victorian Court Hierarchy
HIGH COURT [Appeals]
SUPREME COURT [Court of Appeal, Trial Division for homicide cases]
COUNTY COURT [Indictable offences]
MAGISTRATE’S COURT [Summary offences]
Role of courts
determine guilt, impose sanction
Jurisdiction:
Original (hearing for 1st time)
Appellate (Not hearing for 1st time, appeal)
Strengths of courts
Free from bias, ensure fairness, expertise knowledge
Weakness of courts
Disadvantaged, not clear understanding of legal system,
Jury
12 people, original jurisdiction of county + supreme, determine guilt, decide on verdict, determine sanction, listen to evidence presented
Ineligible if
sentenced to prison 3+ years, on bail
Disqualified if
Members of parliament or lawyers, cannot communicate English, physical disability
Excused if
More than 50km from Melbourne, ill, occupation
Challenged if
0 number to challenges for good reason, 3 number of challenges for no reason
Strength of jury
independent and impartial, community involvement, fairness, spread responsibility
Weakness of jury
no reason for decision, difficult, biases
Mandatory conditions
Enforce purpose of sanction but impacts depend
Optional conditions
Can enforce purpose of sanction
Parole
Supervised and early release of prisoner with conditions
Concurrent sentence
Served at the same time
Cumulative sentence
Served one after another
Elements of CCO
rehabilitate, non custodial, comply with directions given
Alternative sentencing approaches
Drug Court, Koori Court, Diversion Program
Drug court
Those under the influence of drugs/alcohol support
DATO (Drug and alcohol treatment order)
Rehabilitate, provide supervised treatment
Koori court
Sentencing for First Nations people, representation of First Nations
Diversion program
steer away from life of crime, summary offences (Magistrate’s, and Children’s court)
Reduces reoffending and assist rehabilitation/counselling
Parliaments
9 parliaments
Exclusive law-making power: commonwealth
Residual: only state/territories
Concurrent: both
Northern Territory V Victoria
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
Similarities NT v VIC
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)
Differences
Fewer courts
Fewer prisons
Home detention and suspended sentences (NT)
Minimum sentencing regime
Parole
Supervised release of prisoner after minimum period of time
Recidivism
Returning to crime after already being convicted
Role and jurisdiction of Victorian Courts
If charged with indictable offence, and plead not guilty: right to trial.
(if guilty = sentencing hearing).
Committal hearing
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
Why would a case involving an indictable offence be held in more than one court?
Murder - Supreme Court, Trial Division
Magistrate’s Court first for committal hearing and to see how the case will go further
Similarities between CCO and Jail
CCO - served within the community, can be served AFTER jail sentence.
Jail - served in a prison.
Community Protection through a sentence
used in a way that makes sentences more severe.
Jurisdiction in Victoria compared to (another)
County court: indictable offences except murder
Magistrates: summary offences, heard summarily
Equality
all laws should be applied equally to people in society. Adequate measures can be taken to allow equality.
