UNIT 1 AOS 3 sanctions Flashcards
director of public prosecution
the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the state of Victoria.
office of public prosecution
the Victorian Public Prosecutions Office that prepares and conducts criminal proceedings on on behalf of the director of public prosecution.
sanction
a penalty imposed by a court on a person who is found guilty of a criminal offence.
fairness
all people can participate in the justice system and its process should be impartial and open.
equality
people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.
access
all people should be able to engage with the justice system and its processes on an informed basis.
the rule of law
the principle that everyone in society is bound by law and must obey the law and that laws should be fair and clear, so people are willing and able to obey them.
delegated body
an authority or agency given power by parliament to make and/or enforce laws.
institutional power
the authority given to bodies such as Victorian police to undertake certain actions.
bail justice
A bail justice is an official who decides whether arrested individuals can be released on bail before their trial.a
committal procceding
the pre trial hearing and processes held in the magistrates court for indictable offences
legal aid
legal advice, education or infornation about the law and the provision of legal services
imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
tribunal
a dispute resolution body that resolves civil disputes and its intended to be less costly, more informal and faster way to resolve disputes than court.
complaints body
an organisation established by parliament to resolve formal grievances made by an individual about the conduct of another party.
committal hearing
a court hearing that is held as part of the committal proceeding in the magistrates courts. at a committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged.
jurisdiction
the lawful authority of a court, tribunal or other dispute resoloution body to decide legal cases.
original jurisdiction
the power of a court to hear a case for the first time (no appeal)
Appellate jurisdiction
a legally binding decision made in arbitration by an arbitrator
Intervention orders
a court order that is designed to protect a person, their children and their property from another person.
trial by jury
Jury trials are trials that allow juries to make findings of fact and render a verdict for the trial
jury directions
instructions given by a judge to a jury either during or at the end of a trial
beyond reasonable doubt
the standard of proof needed in a criminal case. this requires the prosecution to pprove there is no reasonable doubt that the accused committed the offence.
unanimous verdict
all juries agree
majority verdict
all juries but one agree
diversion program
“redirect” offenders from offending again by placing them on a plan - method used by magistrates court
sanction
a pentaly imposed by a court on a person guilty of a criminal offence
punishment
a purpose of a sanction that is deigned to penalise the offender and shows society and the victim that criminal behaviour will not be tolerates.
general deterrence
a purpose of sanctions designed to discourage others in the community from committing similar offences.
specific deterrence
a purpose of a sanction that is designed to discourage the offender from committing further offences.
denunciation
a purpose of a sanction designed to demonstrate the community’s disapproval of the offender’s actions.
protection
a purpose of a sanction designed to safe guard the community from an offender by preventing them from committing further offences.
rehabilitation
a purpose of a sanction designed to reform an offender in order to prevent them from committing further offences in future.
fines
a sanction that requires the offender to pay an amount of money to the state of victoria.
community correction order CCO
a flexible, non-custodial sanction that the offender serves in the community, with conditions attached to the order.
parole
the supervised and condition release of a prisoner after their minimum period of sentencing has been served.
recidivism
re-offending; returning to a crime after already having been convicted and sentenced.
aggravating factors
aggravating circumstances can increase the seriousness of the offence or the offenders culpability; Consequently potentially increasing sentence.
mitigating factors
mitigating circumstance can decrease the seriousness of the offence to the offenders culpability; consequently potentially decreasing sentencing.
two examples of a mitigating factor
-no prior connections
-offender shows regret
two examples of an aggravating factor
-use of violence e.g. weapon
-breach of trust (duty of care)
what is the drug court
division of county and magistrates court when offences occur under the influence of drugs.
2 positives and negatives about the drug court
postives
- Reduced Recidivism: Drug courts help lower re-offending rates by addressing the root causes of substance abuse.
Cost-Effectiveness: They save money by reducing the long-term costs associated with incarceration and repeated criminal behavior.
negatives
-Limited Access: Not all eligible offenders can participate due to capacity and regional availability.
Potential Coercion: Participants might feel pressured into treatment, and the quality of care can be inconsistent.
what is the Koori court
indigenous sentencing from magistrates to county court.
2 positives and two negatives on the Koori court
Cultural Sensitivity: The Koori Court incorporates Indigenous culture and perspectives, making the justice process more relevant and respectful for Indigenous Australians.
Improved Outcomes: By involving community elders and focusing on rehabilitation, the Koori Court can lead to lower recidivism rates and better reintegration into the community.
Negatives
Limited Scope: The Koori Court is only available for certain offenses and regions, limiting its accessibility and impact.
Resource Intensive: It requires significant resources, including time and specialized personnel, which can strain the justice system.
2 positives and negatives about diversion programs
Reduced Incarceration: Diversion programs help keep offenders out of prison, focusing on rehabilitation instead of punishment.
Cost Savings: These programs can be more cost-effective than incarceration, reducing the financial burden on the criminal justice system.
Negatives
Variable Effectiveness: The success of diversion programs can vary widely, depending on the quality and appropriateness of the services provided.
Limited Availability: Access to diversion programs can be inconsistent, with some regions offering fewer options and resources than others.
what is a diversion program
for first time offenders avoid criminal record by admitting them into treatment programs.
compare the difference of Victorias sentencing and Northern Territory sentencing.
similarities
-both prisons show an overrepresentation of First Nations peoples in prison
difference
- NT is higher, indigenous peoples make up 85% of NT prisons.
similarity
- both systems have sanctions such as court, fines and CCO
difference
- NT has home detention order and suspended sentences, these are unavailable in vic.
why/why not fines achieve the purpose of sanctions
Punishment:
Achieves: Fines impose a financial penalty, causing economic discomfort which serves as a form of punishment.
Does not achieve: The severity of punishment may not be uniform across different economic statuses, potentially less impactful on wealthier individuals.
Deterrence:
Achieves: The threat of a financial penalty can discourage individuals and others in society from committing similar offenses.
Does not achieve: For some, especially wealthier individuals or organizations, fines may not be a significant deterrent
Denunciation:
Achieves: Fines publicly demonstrate societal disapproval of certain behaviors, reinforcing societal norms.
Does not achieve: They may not carry the same moral weight or visible stigma as other forms of punishment like imprisonment.
why/why not CCO’s achieve purposes of sanction
Punishment:
Achieves: CCOs impose restrictions and requirements on the offender’s behavior, limiting their freedom and activities.
Does not achieve: The perceived severity may be lower than incarceration, potentially seen as less punitive.
Protection:
Achieves: By monitoring and restricting the offender’s behavior, CCOs can reduce the risk of reoffending and protect the community.
Does not achieve: They do not remove offenders from the community, which may still leave some level of risk.
Rehabilitation:
Achieves: CCOs often include components like counseling, education, and community service, which address underlying issues and promote rehabilitation.
Does not achieve: Success depends on the quality and availability of rehabilitative services; not all offenders may engage fully or benefit equally.
why/why not imprisonment achieves purposes of sanctions
Deterrence:
Achieves: The prospect of losing one’s freedom can serve as a powerful deterrent to both the individual offender and others in society.
Does not achieve: High recidivism rates suggest that imprisonment may not effectively deter future offenses for all individuals.
Protection:
Achieves: By incarcerating offenders, imprisonment physically removes them from society, thereby protecting the community from further harm.
Does not achieve: Temporary protection; once released, offenders may still pose a risk if not rehabilitated.
Rehabilitation:
Achieves: Prisons can provide access to rehabilitative programs, such as education, vocational training, and therapy.
Does not achieve: The prison environment may undermine rehabilitation efforts due to factors like exposure to more hardened criminals, lack of adequate programs, and the psychological impact of incarceration.
how does the criminal justice system help people at disadvantage
Koori court addresses cultural differences such as language differences and manners variations e.e.g avoiding eye contact.
funding directly to Aboriginal legal aid to ensure equal opportunity of representation
cultural competence training.
however despite being 3.8% of the population make up 32% of prison therefore lacking affectivness..
orignal juristriction
power of a court to hear a case for the first time
appellate juristriction
power of the court to hear a case fro the second time - does not occur in magistrates court
why are insinuation and individual rights balanced
to ensure that authorities can maintain order and protect society while also safeguarding personal freedoms and preventing abuse of power. This balance promotes justice, fairness, and the protection of fundamental human rights.
example of individual rights and individual powers
-police can arrest without a warrant for any person found committing a crime
-when arrested can remain silent
-court power - prosecution has the power to prepare case and obtain evidence
- individual have the right to obtain legal aid
how do vic police uphold POJ
The Victorian police uphold the principles of justice by enforcing the law impartially, treating all individuals with dignity and respect, and ensuring accountability and transparency in their actions. They also work collaboratively with communities to prevent crime, promote safety, and uphold the rights of all citizens.
