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

1
Q

Sanctions

A

is a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.

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

Criminal Law

A

aims to protect the community by defining what a crime is and determining appropriate penalties for people who commit crimes.

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

Criminal cases

A

must be heard by the courts. The courts decide a person’s guilt and hand down a sanction.

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

What are the principles of justice?

A

-fairness
-equality
-access

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

Fairness

A

The principle that all people can
participate in the justice system and
its processes should be impartial
and open.

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

Fairness keywords:

A

-All people
-Processes are impartial and open

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

Fairness examples:

A

-Judges, magistrates and juries are
impartial.
-The burden of proof lies with the
prosecution
-Most hearings are publicly
accessible
-Victims can give victim impact
statements
-Use of a lawyer

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

Equality

A

All people engaging with justice
system and its processes should be
treated in the same way; if the same
the treatment creates disparity or
disadvantage, adequate measures
should be implemented to allow all to
engage with the justice system
without disparity or disadvantage.

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

Equality examples:

A

-Translators
-Legal representation for people of a
low-socio economic background
-Alternative arrangements for
vulnerable victims
-Specialist courts: Koori Courts

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

Equality keywords:

A

-Treated the same way,
-Measures implemented to prevent
disparity or disadvantage

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

Access:

A

All people should be able to engage
with the justice system and its
processes on an informed basis.

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

Access Examples

A

-Resolution of case with minimal
delay
-Victims are informed about
proceedings
-Use of legal aid
-Removing formalities during a
hearing
-Courts throughout Victoria

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

Access keywords:

A

-All people
-Informed

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

Definition of Institutions that enforce the law:

A

There are several different institutions that enforce the criminal law to keep society safe and uphold social cohesion:
-The police force
-WorkSafe
-Delegated bodies
Without these institutions, the criminal law would
be redundant.

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

Institutions that enforce the law (police)

A

-Australian Federal Police
-Victorian Police

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

What is the role of the police?

A
  • arrest accused persons
    -talk to victims or witnesses about what happened
    -charge people with the offences that most fit the crime
    -question possible suspects
  • look for and gather physical or forensic evidence
    -conduct searches of people or property
    -examine the scene(s) of the crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

To allow Victoria Police to enforce the law, various statutes provide this institution with a number of powers, including:

A
  • section 458 of the Crimes Act 1958 (Vic), which provides a Victoria Police officer with the power to arrest a person without a warrant in some
    circumstances
    -the Criminal Procedure Act 2009 (Vic), which enables a Victoria Police officer to take fingerprints of suspects in certain circumstances.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Australian Federal Police (AFP)

A

-was established by the Australian Federal Police Act 1979
-investigates federal offences (e.g. terrorist-related offences, war crimes, and some drug offences)
-is given various powers to enforce criminal law
(e.g. protective service officers have the power
to arrest a person without a warrant and to search a person)
-may work with Victoria Police or other
investigative agencies to identify and arrest
possible offenders.

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

The roles of the police in enforcing the law:

A
  • prevention
    -investigation
    -prosecution
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Prevention

A

Prevent crime by patrolling and maintaining social order, educating society to deter criminal
behaviour

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

Investigation

A

Detect and investigate crimes. Identify offenders and collect evidence of their offending

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

Prosecution

A

prosecute offenders for the crimes they have committed by charging individuals with a crime and conducting legal proceedings in a court.

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

Delegated bodies

A

Delegated bodies are specialised government agencies who, due to their expertise in a particular area, have been given the authority from parliament to make and enforce laws within their area.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Victorian delegated bodies:

A

-Consumer Affairs Victoria
-Environment Protection Authority Victoria (EPA)
-Local Councils
-State Revenue Office (SRO)
-VicRoads
-Victorian Workcover Authority (Worksafe Victoria)
-Wage inspectorate Victoria
-Victorian Building Authority (WBA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Consumer Affairs Victoria
(Power to enforce criminal laws)

A

can take action in relation to breaches of consumer trading laws and tenancy laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Environment Protection Authority Victoria (EPA)
(Power to enforce criminal laws)

A

has the power to investigate breaches of environmental laws and to commence proceedings for offences committed in relation to the environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Local councils
(Power to enforce criminal laws)

A

govern at a local level and have the power to enforce a local law that makes an act or omission a criminal offence.

28
Q

State Revenue Office (SRO)
(Power to enforce criminal laws)

A

administers laws relating to taxes and duties.

29
Q

VicRoads
(Power to enforce criminal laws)

A

has the authority to prosecute certain road and traffic offences. It can also use infringement notices for breaches of road rules.

30
Q

Victorian Workcover Authority (Worksafe Victoria)(Power to enforce criminal laws)

A

monitors and enforces compliance of Victoria’s health and safety laws. It can investigate breaches of law and prosecute in relation to any breaches.

31
Q

Wage inspectorate Victoria
(Power to enforce criminal laws)

A

monitor and enforce compliance with wage theft law, and investigate employee entitlement (when a business has underpaid an employee)

32
Q

Victorian Building Authority
(Power to enforce criminal laws)

A

regulates building and plumbing industries in Victoria, and can monitor and enforce compliance with building laws.

33
Q

Commonwealth Delegated Bodies

A

-Australian Securities and Investments Commission (ASIC)
-Australian Taxation Office (ATO)
-Australian Competition and Consumer Commission (ACCC)

34
Q

Australian Securities and Investments Commission (ASIC)
(Power to enforce criminal laws)

A

investigates breaches of legislation, including where directors have acted in breach of their duties. Sometimes, matters are prosecuted by the commonwealth DPP

35
Q

Australian Taxation Office (ATO)
(Power to enforce criminal laws)

A

investigates serious tax related

36
Q

Australian Competition and Consumer Commission (ACCC)
(Power to enforce criminal laws)

A
37
Q

Worksafe Victoria

A

-WorkSafe Victoria was established under the Occupational Health and Safety Act 2004 (Vic).
-The role of WorkSafe Victoria is to ensure the health, safety and welfare of employees and other individuals at work.
-WorkSafe monitors and enforces compliance with the Occupational Health and Safety Act and other statutes.
-WorkSafe often works with the Office of Public Prosecutions to prosecute matters.

38
Q

Local Councils

A

-Local councils were established to ensure the peace, order and good government of local districts.
-Local councils have been given authority by the Victorian Parliament under the Local Government Act 1989 (Vic) to make and enforce local laws (by-laws) for their own local district.
-Local councils make and enforce laws relating to building and planning permits, childcare centres, rubbish and local libraries.
-There are 79 local councils in Victoria.

39
Q

Court Hierarchy:

A

High Court
Supreme Court (Court of Appeal)
Supreme Court (Trial division)
County Court of Victoria
Magistrates Court
-Coroner’s Court - Children’s Court

40
Q

Why do we need a court hierarchy:

A

A court hierarchy:
-allows for specialisation and expertise
-enables parties to a court case to appeal to a higher court if they are not satisfied with a decision made in a lower court
-is a necessary part of the doctrine of precedent
-allows for administrative convenience.

41
Q

The role of the Victorian courts in criminal cases is to:

A

Determine a criminal case: by deciding whether the accused is guilty
Impose a sanction: if a person has been found, or pleaded, guilty

42
Q

In determining the guilt of the accused, the court:

A

-hears appeals
-manages the case
-provides specialisation and expertise in the type of case it is hearing

43
Q

Jurisdiction

A

is the lawful authority (i.e. power) of a court, tribunal or other dispute resolution body to decide legal cases.
There are 2 types of jurisdiction is original and appellate.

44
Q

Magistrates Court
(original jurisdiction)

A

-summary offences
-indictable offences heard summarily
-committal proceedings
-bail and warrant applications

45
Q

Magistrates Court
(appellate jurisdiction)

A

no appellate jurisdiction

46
Q

County Court
(original jurisdiction)

A

Indictable offences except treason, murder, attempted murder, certain conspiracies

47
Q

County Court
(appellate jurisdiction)

A

For the Magistrates Court on a conviction or sentence (unless the Chief Magistrate decided the case)

48
Q

Supreme Court (Trail Division)
(original jurisdiction)

A

serious indictable offences

49
Q

Supreme Court (Trail Division)
(appellate jurisdiction)

A

From the Magistrates Court on a point of law (unless the Chief Magistrate decided the case)

50
Q

Supreme Court (Court of Appeal)
(original jurisdiction)

A

No original jurisdiction

51
Q

Supreme Court (Court of Appeal)
(appellate jurisdiction)

A

-all appeals from the County Court or the Supreme Court (trial division)
-From the Magistrates Court if the Chief Magistrate decided the case

52
Q

Children’s Court
(original jurisdiction)

A

Offences committed by children 10-17 years of age (except for certain offences)

53
Q

Children’s Court
(appellate jurisdiction)

A

No appellate jurisdiction

54
Q

Coroners Court
(original jurisdiction)

A

Investigation of deaths and fires

55
Q

Coroners Court
(appellate jurisdiction)

A

No appellate jurisdiction

56
Q

Strengths of courts in resolving criminal cases:

A

-Judges, juries and magistrates are impartial referees who decide cases (including, in relation to magistrates and juries, whether a person is guilty) based on fact and law. They do not make decisions based on what they think happened or based on their own personal biases or prejudices.
- Because of the court hierarchy, judges and court personnel are specialised, which helps to ensure fairness and expertise in the way that cases are managed
- formal court processes, the way in which cases are managed, and rules of evidence help to ensure procedural fairness by allowing an accused person to present their case and rebut the other party’s case.
-The court hierarchy allows for a party to appeal a case

57
Q

Weaknesses of courts in resolving criminal cases:

A

-the courts and the way we decide cases are difficult to understand for the accused people, particularly those who are not represented, or those with little to no education
-without legal representation, which can be expensive, a party may be disadvantaged by representing themselves, as they will not be equal to a party with legal representation
-the formalities of the court process can result in parties feeling stressed, intimidated or nervous.
-The right to appeal is not automatic in many cases, eg. the Court of Appeal needs to give leave (permission) for an offender to appeal a decision, and the appeal process is difficult without a lawyer.

58
Q

In a criminal trial, the jury must:

A

-listen to all the evidence
-concentrate during the trial
-piece together the evidence and decide whether the accused is guilty or not

59
Q

When are criminal juries used?

A

-Criminal juries are used in the original jurisdiction of the County Court and the Supreme Court.
-Juries are never used in the Magistrates’ Court and are not used in appeals.
-Juries are not used when an offender has pleaded guilty, because their only role is to determine whether a person is guilty, and not the sanction.

60
Q

Composition of a Criminal Jury:

A

-A jury of 12 people is compulsory in criminal cases heard in the County Court and the Supreme Court where the accused pleads not guilty.
-Individuals aged 18 years or over who are enrolled to vote in Victoria are qualified and liable for jury service.
-Individuals are selected at random and sent a form to determine if they are eligible for jury service.
– People are disqualified from serving as jurors if they have been sentenced to a term of imprisonment for three years or more, are currently on bail or on remand, or have been declared bankrupt and remain bankrupt.
– Some people are ineligible from serving as jurors because of their occupation (e.g. lawyers, judges, magistrates, police officers and members
of parliament) or because they cannot communicate in or understand the English language adequately, or have a physical disability that means that they are incapable of performing jury service.
– People can also ask to be excused from jury service because of difficult circumstances, such as poor health or advanced age.

61
Q

Unanimous Verdict:

A

A jury vote or decision is where all the jury members are in agreement and decide the same way. In a criminal case, this means all 12 jurors agree.

62
Q

Beyond Unreasonable Doubt:

A

The standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt and that the accused committed the offence.

63
Q

Majority Verdict:

A

A jury vote or decision where all but one of the members of the jury agree with the decision. In a criminal case, this means 11 out of the 12 jurors agree.

64
Q

Strengths of the jury system

A

Jurors are independent and impartial - and in particular, they are very independent of the legal and political system - thus ensuring equality and fairness in their decision
- the jury system allows the community to be involved in the justice system. This increases the confidence that the community has in the system, and ensures that the verdict reflects

65
Q
A

legal studies⚖️ (4 decks)

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