Unit 1 AOS 3 Flashcards
criminal law
an area of law that defines behaviours / conduct that are prohibited and outlines sanctions for people who commit them
accused
prosecution
the party that institutes criminal proceedings against an accused on behalf of the state
fairness
everyone can participate in the justice system and its processes should be impartial / open
victim
equality
everyone engaging with the justice system and its processes is treated in the same way, unless the same treatment causes disparity
access
everyone should be able to engage with the justice system and its processes on an informed basis and have the means / ability to use / participate in the legal system
impartial
enforcement body
police
arrest
warrant
delegated body
an authority / agency given power by parliament to make / enforce laws
secondary legislation
authority
charge
conviction
rights
discovery
questioning
legal representative
evidence
information / documents and other material used to prove the facts in a legal case
court hierarchy
original jurisdiction
power of a court to
hear a case for the first
time (i.e. not on appeal
from a lower court)
appellate jurisdiction
power of a court to
hear a case on appeal
appeal
leave
point of law
litigation
jury
verdict
beyond reasonable doubt
the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence
deliberate
ineligible jurors
disqualified jurors
excused jurors
challenged jurors
sanction
a penalty imposed by a court on a person guilty of a criminal offence
punishment
one purpose of a
sanction, designed to
penalise offender and show society + the victim
that criminal behaviour
will not be tolerated
protection
one purpose of a sanction, designed to safeguard community from offender by preventing them from committing a further offence
deterrence (general)
one purpose of a sanction, designed to discourage others in community from committing similar offences
deterrence (specific)
one purpose of a sanction, designed to discourage offender from committing further offences
denunciation
one purpose of a sanction, designed to demonstrate community’s disapproval of offender’s actions
rehabilitation
one purpose of a sanction, designed to reform offender in order to prevent them from committing offences in the future
fines
a sanction that requires the offender to pay an amount of money to the state
penalty unit
measurement used to calculate the amount of a fine. The gov can change value of a penalty unit to increase the amount of a fine
community corrections order
flexible / non-custodial sanction that the offender serves in the community with conditions attached
mandatory conditions
special conditions
imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
concurrent sentence
cumulative sentence
culapability
responsibility for a fault / wrongful action
mitigating factors
facts / circumstances about offender / offence that can lead to a less severe sentence
aggravating factors
facts / circumstances about offender / offence that can lead to a more severe sentence
guilty plea
victim impact statement
statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury / loss / damage suffered by the victim as a result of the offence
incarceration
over representation
first nations australians
taboo
recidivism
koori court
division of the Magistrates’ Court / Children’s Court / County Court that (in certain circumstances) operates as a sentencing court for First Nations people
drug court
specialist court that is able to impose a drug treatment order on an offender where drugs / alcohol contributed to the commission of the offence
drug treatment order
type of sanction imposed by Drug Court that aims to
treat underlying causes of offending and includes both treatment and custody of offender
diversion programs
method used in Magistrates’ Court / Children’s Court to ‘redirect’ offenders away from the court and avoid criminal record by placing them on a plan
mandatory sentences
appropriateness
deterrance
one purpose of a sanction, designed to discourage offender and others in community from committing similar offences
