Unit 1 - AOS3

Question 1

Enforcement Body

Answer 1

An official group or organisation given the power to ensure that individuals comply with criminal law. E.g. police or delegated bodies.

Question 2

Institutional Powers

Answer 2

The powers of authorities (such as the police) to enforce the law. E.g. police can use reasonable force during an arrest.

Question 3

Individual Rights

Answer 3

The basic entitlements granted to all individuals when interacting with the justice system, such as the right to silence.

Question 4

Police

Answer 4

The body of law enforcement officers granted the power to enforce criminal laws, serve the community, and support the prosecution.

Question 5

Arrest

Answer 5

The act of placing someone suspected of a crime into custody.

Question 6

Warrant

Answer 6

An order issued by the courts authorising the arrest of an individual who has escaped custody or is required to attend court.

Question 7

Delegated Body

Answer 7

An organisation or department granted power by the parliament to develop and enforce laws within a specific area. E.g. VicRoads or WorkSafe.

Question 8

Questioning

Answer 8

The phase during the arrest process, in which an arrested person is asked questions by a police officer. Police can ask questions about the accused’s involvement in the crime, however, the accused has the right to remain silent and does not have to answer.

Question 9

Original Jurisdiction

Answer 9

The power of a court to hear a case for the first time (e.g. original case or hearing).

Question 10

Appellate Jurisdiction

Answer 10

The power of a court to hear a case on appeal from a lower court.

Question 11

Point of Law

Answer 11

An appeal which argues that the judge/magistrate didn’t correctly implement the law during a trial.

Question 12

Ineligible Juror

Answer 12

A juror who cannot serve on a jury, due to them having worked in the legal profession or possessing barrier that prevents them from understanding the trial (e.g. intellectual disability).

Question 13

Disqualified Juror

Answer 13

A juror who is automatically disqualified from serving on a jury, due to them having a criminal record, being currently held in prison, or being declared bankrupt.

Question 14

Excused Juror

Answer 14

A juror can ask to be excused from jury service, due to them having ill health, having to care for children, living in a rural area far from the courtroom, knowing the accused, etc.

Question 15

Challenged Juror

Answer 15

A juror that is removed during the empanelment process by the prosecution or defendant lawyers. Each party has 6 peremptory challenges (challenges without reason).

Question 16

Punishment (purpose of sanction)

Answer 16

A sanction aimed to penalise an offender and impose a consequence for their bad behaviour. E.g. jail time.

Question 17

Protection (purpose of sanction)

Answer 17

A sanction aimed to keep the community safe from an offender’s actions or attitute, by removing an offender from the community. E.g. jail time.

Question 18

General Deterrence (purpose of sanction)

Answer 18

A sanction aimed at discouraging the community at large from committing a similar offence. E.g. high prison sentences on drug traffickers.

Question 19

Specific Deterrence (purpose of sanction)

Answer 19

A sanction aimed at discouraging the offender themselves from committing the crime again. E.g. a large fine for speeding.

Question 20

Denunciation (purpose of sanction)

Answer 20

A sanction that expresses disapproval or shame towards the actions of the offender, usually accompanied by a judge comment. E.g. a higher sentence for a hate crime.

Question 21

Rehabilitation (purpose of sanction)

Answer 21

A sanction that aims to reform an offender, by addressing the underlying reasons for their behaviour. E.g. a community corrections order to attend counseling.

Question 22

Fine

Answer 22

A sanction that involves an amount of money (measured in penalty units) being paid by the offender to the state of Victoria.

Question 23

Penalty Unit

Answer 23

A unit measuring the amount of money owed in a fine. Approximately equal to $192.

Question 24

Community Correction Order (CCO)

Answer 24

A non-custodial (not imprisoned), supervised sanction that allows for an offender to remain in the community while adhering to specific conditions.

Question 25

Mandatory Conditions (of CCO)

Answer 25

Conditions that must be included in a community correction order, such as a requirement not to commit another offence, to remain in Victoria, and to report to a community corrections officer.

Question 26

Special Conditions (of CCO)

Answer 26

Additional conditions (minimum of one) added to a community correction order that are specific to the offender. E.g. providing drug rehabilitation or forbidding an offender from entering a specific place.

Question 27

Imprisonment

Answer 27

The removal of an offender from society into a secure facility (prison).

Question 28

Jurisdiction

Answer 28

The power granted to a body, person or court to make legal decisions.

Question 29

Culpability

Answer 29

Responsibility or fault for a wrong or criminal offence; the extent to which a person is responsible for their actions.

Question 30

Concurrent Sentence

Answer 30

A sentence served at the same time as another offence. E.g. sentenced to 5 years for property damage and 5 years for theft, but serve both sentences at the same time.

Question 31

Cumulative Sentence

Answer 31

A sentence served after a previous one has already been served. E.g. sentenced to 5 years for property damage and 5 years for theft; have to serve 10 years total.

Question 32

Aggregate Sentence

Answer 32

A single sentence given for multiple offences. E.g. 3 years for 6 offences of theft.

Question 33

Indefinite Sentence

Answer 33

A sentence of imprisonment with no end date, given for crimes such as murder.

Question 34

Aggravating Factors

Answer 34

Circumstances about an offender or offence that increase the seriousness of the offence, and thus the severity of the sanction. E.g. showing no remorse for a crime.

Question 35

Mitigating Factors

Answer 35

Circumstances that a court will consider to reduce the seriousness of the offence, such as an offender pleaing guilty or having a mental illness.

Question 36

Parole

Answer 36

The temporary or permanent release of a prisoner before the end of a sentence, on the promise of good behaviour.

Question 37

Victim Impact Statement

Answer 37

A formal document that assists the court in understanding the impact of an offence on the victim.

Question 38

Aggravating Factors Examples

Answer 38

• use of violence
  -hatred or prejudice
  -breach of trust
  -unwillingness to cooperate with authorities
  -vulnerabilities of the victims
  -being in the presence of children
  -occurring on bail or a CCO

Question 39

Mitigating Factors Examples

Answer 39

-early guilty plea
-efforts of rehabilitation
-offender being a vulnerable person (e.g. First Nations)
-cooperating with authorities
-personal strain of the offender (e.g. stealing bread to survive)
-under duress or self defence
-mental illness or impairment

Question 40

Incarceration

Answer 40

The state of being imprisoned.

Question 41

Yoorook Justice Commission

Answer 41

A Royal Commission set up in Victoria in 2020 to investigate the experiences of First Nations peoples in relation to schooling, out of home care, homelessness, and criminal justice.

Question 42

Recidivism

Answer 42

When a convicted offender reoffends after serving their sanction.

Question 43

How are First Nations over represented in the prison system?

Answer 43

First Nations make up 3.4% of the overall Australian population, but 32% of the Australian prison population.