unit 1 aos3 Flashcards
sanction
a penalty imposed by a court on a person guilty of commiting a criminal offence
the 3 principles of justice
fairness, equality and access
fairness
fairness means all people can participate in the justice system and it’s processes should be impartial and open
3 features of fairness
impartial processes, open processes, participation
impartial processes
all people involved in the justice system must be independent and unbiased towards or against any party.
open processes
cases should be heard and decided in public, so that the community and the media can see justice being done
participation
the opportunity to know the case put against the parties, opportunity to prepare a defence, opportunity to examine a witness, the use of a lawyer, the use of an interpreter, without unreasonable delay
bias
a prejudice or lack of objectivity in relation to one person or group
apprehended bias
a situation in which a fair minded observer might reasonable believe that the person hearing or deciding a case may be bias
equality
people should be treated in the same way, but if the same treatment creates disadvantage, certain measures should be implemented to allow all to engage with the justice system.
access
means that all people should be able to engage with the justice system and its processes on an informed basis
engagement (access)
being able to use and participate in the justice system
institutions that enforce criminal law
police and other bodies including worksafe, local councils and VicRoads
the police
the role of the police is to serve the community and the law to enforce criminal law. they protect life, prevent crime, detect apprehenders and assist victims. includes victoria police and australian federal police.
delegated body
an authority or agency given power by parliament to make and/or enforce laws. includes victorian delegated bodies and commonwealth delegated bodies.
international treaty
a legally binding agreement between countries or intergovernmental organisations to include in their own laws.
institutional powers
the authority given to bodies such as victoria police to take certain actions
conviction
a finding of guilt made by the court, whether or not a conviction is recorded, it will form part of a person’s criminal record
imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison
court hierarchy (in order)
magistrates, county, supreme (trial division), supreme (court of appeal), high court of australia
the role of the victorian courts is to..
determine a criminal case and impose a sanction