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legal 1/2 > Unit 2 AOS 1 - Sanctions > Flashcards

Unit 2 AOS 1 - Sanctions Flashcards

1
Q

What is the principle of justice: fairness

A

Means having fair legal processes and hearing. That is, laws should be reasonable and processes should ensure that people have the opportunity to present their case and challenge or question the other party’s case

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2
Q

What is the principle of justice: equality

A

Means that people should be equal before the law and have the same opportunity to present their case as anyone else, without advantage or disadvantage

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3
Q

What is the principle of justice: access

A

Access means that all people should be able to understand their legal right and have the opportunity to use institutions, processes and systems that are used for criminal cases.

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4
Q

What are the institutions that enforce the law?

A
  • police

- delegated bodies

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5
Q

Explain the role of the Victorian police

A

The role of the Victorian police is to serve the victorian community and uphold the law to promote a safe, secure and orderly society. Their role inforcing criminal law is:

  • talk to victims
  • question suspects
  • examining crime scenes
  • gather forensic evidence
  • arrest accused persons
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6
Q

Explain the role of the Australian Federal police

A

The role of the AFP is to investigate and enforce offences that have a federal aspect, which include offences against the law of the commonwealth or a territory.

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7
Q

Define delegated bodies

A

An authority or agency given power by the Victorian Parliament to make or enforce law.

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8
Q

What are examples of Victorian delegated bodies?

A
  • local councils
  • vic roads
  • worksafe victoria
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9
Q

What are the five stages of a criminal case?

A
  • arrest
  • questioning
  • bail
  • court proceedings
  • imprisonment of the offender
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10
Q

When can the police arrest?

A
  • to ensure the appearance of the offender in court
  • preserve public order
  • prevent the continuation or repetition of an offence
  • ensure the safety and welfare of the public or the offender
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11
Q

What are the rights of an individual when being arrested?

A
  • an individual can refuse to attend the police station unless under arrest (upholding the rights to freedom of movement and liberty)
  • an individual does not have to say anything apart from stating their name and address
  • if arrested an individual must be released or brought before a bail justice or magistrate within a reasonable time of being arrested. What is a reasonable time depends on the circumstances of the offence.
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12
Q

What are the rights of an individual when being questioned?

A
  • must be informed that he or she does not have to do or say anything but that anything they do say can be given in evidence
  • must be informed that the individual has the right to attempt to communicate with a friend or relative, or a legal practitioner
  • has the right to an interpreter
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13
Q

What are the rights of an individual in relation to bail?

A
  • must be released on bail within 24 hours after he or she is taken into custody, if it is not practicable to to bring the person before a bail justice or magistrates court
  • must be released during any postponment of the hearing of a charde for the offence while awaiting trial
  • must be released where the case has been adjourned or when awaiting sentence( except where the court does not consider it desirable)
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14
Q

What are the reasons for court hirearchy?

A
  • appeal
  • precedent
  • specialisation or expertise
  • administravtive convenience
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15
Q

Explain the reason for court hirearchy: appeal

A

this enables parties to a court case to appeal to a higher court if they are not satisfied with the decision of the lower court.

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16
Q

Explain the reason for court hirearchy: precedent

A

the court hierarchy is a necessary part of the doctrine of precedent because the process of law-making through courts depends on a decision being made ina higher court which is binding on lower courts.

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17
Q

Explain the reason for court hierarchy: specialization or expertise

A

the court hierarchy allows for specialisation or expertise, with the courts developing expertise in dealing with the types of cases that come before them

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18
Q

Explain the reason for court hierarchy: administrative convenience

A

because the courts have different jurisdictions to hear different matters, it allows smaller and minor cases (of which there are more) to be heard in the magistrate’s court, and more complex and larger cases to be heard in the county or supreme court.

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19
Q

What is the role of the Victorian courts?

A
  • to determine a criminal case (by deciding if the accused is guilty)
  • imposes a sanction (if the person has been found guilty or pleads guilty to an offense)
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20
Q

Define jurisdiction

A

refers to the right or power of a court to apply laws and hear cases

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21
Q

What are the two types of criminal jurisdiction in victorian courts?

A
  • original jurisdiction

- appellate jurisdiction

22
Q

Explain original jurisdiction

A

The power of a court to hear a case for the first time, that is not on appeal from a lower court

23
Q

Explain appellate jurisdiction

A

The power of a court to hear a case on appeal

24
Q

So, describe the criminal jurisdiction in Victorian courts

A

Jurisdiction is the right or power of a court to apply laws and hear cases. There are two types of criminal jurisdiction, original and appellate. Original jurisdiction refers to the power of a court to hear a case for the first time, that is not on appeal from a lower court. Appellate jurisdiction refers to the power of a court to hear a case on appeal.

25
Q

When will a jury be used?

A

In a county or supreme court when an accused pleads not guilty for an indictable offense. There is no jury in magistrates court.

26
Q

What is the composition of a jury?

A

a jury is made up of 12 people randomly selected from the electoral roll. In a lengthy trial a panel of 15 can be empaneled with only 12 deliberating at the end of the trial.

27
Q

What are the three ways of being unselected for the jury?

A
  • ineligible (police officer, legal practitioners)
  • disqualified (convicted criminals, bankrupt)
  • excused (people can apply to be excused)
28
Q

what is the role of the jury?

A
  • must listen to all evidence
  • concentrate during trial
  • must piece together evidence at end of the trial to decide if accused is guilty or not guilty
29
Q

What are three strengths of the jury?

A
  • jurors are independent and impartial, ensuring equality and fairness in their decision
  • allows the community to get involved in the process which increases confidence in the legal system
  • spreads responsibility, therefore the decision is more likely to be fair and correct
30
Q

What are three weaknesses of the jury?

A
  • jurors do not give a reason for their decision, causing people to question the fairness of the deliberation
  • it is questioned whether ordinary members of society are able to understand the complicated evidence
  • jurors may be influenced by skilled lawyers or by emotional elements of a trial
31
Q

What are the five purposes of sanctions?

A
  • punishment
  • deterance (general and specific)
  • rehabilitation
  • protect
  • denunciation
32
Q

Explain the purpose of sanctions: punishment

A

designed to penalize or punish the offender and show society and the victim that criminal behavior will not be tolerated

33
Q

Explain the purpose of sanctions: general deference

A

the court can discourage the offender and the whole community from committing similar offenses by imposing harsh sanctions

34
Q

Explain the purpose of sanctions: specific deterrence

A

the court can discourage the offender from committing similar offenses by imposing harsh sanctions

35
Q

Explain the purpose of sanctions: rehabilitation

A

designed to reform an offender in order to prevent them from committing offenses in the future

36
Q

Explain the purpose of sanctions: protect

A

designed to safeguard the community from an offender in order to prevent them from committing a further offense

37
Q

Explain the purpose of sanctions: denunciation

A

the court can demonstrate the community’s disapproval of the offender’s actions by imposing harsh sanctions

38
Q

What are three types of sanctions?

A
  • fine
  • community correction order
  • imprisonmemnt
39
Q

Explain a fine

A

mandatory penalty where offender pays a sum of money to the state of Victoria. Issued in penalty units, valued at 161.19 per unit. Up to 3000 penalty units can be issued

40
Q

Explain a community correction order (CCO)

A

allows an offender to stay in the community while serving a sanction. a CCO contains basic conditions which are mandatory and optional. a CCO must contain at least one optional condition

41
Q

Explain imprisonment

A

is the sanction of last resort. imprisonment is the incarceration of an offender for a specified period of time. there are nine levels of incarceration, 1 being life imprisonment and 9 is 6 months. terms of imprisonment can be served concurrently (at the same time) or cumulatively (one after the other)

42
Q

What are the factors considered by judges when sentencing?

A

Section 5(2) of the sentencing act sets out the factors a court must take into consideration when sentencing. these include

  • current sentencing practices
  • maximum penalty for the offense
  • personal circumstances of any victim
  • presence of any aggravating or mitigating factors
43
Q

Define aggravating factors

A

circumstances considered in sentencing that can increase the seriousness of the offense or the offenders responsibility, resulting in a more severe sentence

44
Q

Define mitigating factors

A

circumstances considered in sentencing that reduce the seriousness of the offense or the offenders responsibility and lead to a less severe sentence

45
Q

Describe the sentencing practices in Norway

A
  • very low crime rate with homicides at 0.6 per 100000, with 29 homicides per year
  • very low recidivism rate 20%
  • the maximum penalty that can be imposed is 21 years unless the crime is a war crime, genocide or crimes against humanity
  • norway’s criminal system is built around the idea of a restorative system which has emphasis on healing for the victims, then society and then the criminal
46
Q

Describe the sentencing practices in Victoria

A
  • in recent years parliament has passed legislation which limits the ability of the courts to impose certain sanctions such as CCO instead of imprisonment, taking a tougher approach to sentencing
  • a therapeutic approach has also been taken, where the underlying health and personal issues of an offender are addressed to prevent the offender from reoffending.
47
Q

What are alternative approaches to sentencing?

A
  • drug court
  • koori court
  • diversion programs
48
Q

What is the drug court?

A

a division of the magistrates court in which it intends to respond to the failure of traditional methods of sentencing offenders who have a drug or alcohol problem. it does this by directly addressing the issue of drug and alocohol dependency by imposing a Drug Treatment Order (DTO)

49
Q

What is the koori court?

A

division of the magistrates, children and county court in which an informal atmosphere is provided for sentencing, and to allow representation from the aboriginal community in the sentencing process

50
Q

What are diversion progams?

A

available in the magistrates and childrens court for summary offences, and is a way in which a criminal matter can be dealt with out of court by placing the offender on a program.

legal 1/2 (6 decks)

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