UNIT 2 AOS1

Question 1

define bail

Answer 1

involves the release of an accused from custody while awaiting to attend court. bail may be granted with conditions such as surrendering a passport but it may be denied if the accused is seen as a danger to the community.

Question 2

define criminal law

Answer 2

aims to protect the community by defining crimes and determining appropriate penalties for those who commit crimes. Criminal cases are initiated by the prosecution

Question 3

state the principles of justice

Answer 3

fairness, access, equality

Question 4

define fairness

Answer 4

fair legal processes and a fair hearing. sanctions should reflect what society expects

Question 5

define equality

Answer 5

all people should be treated alike. different sanctions should be imposed based on prior convictions or level of remorse

Question 6

define access

Answer 6

parties should understand their rights and have the opportunity to use correct institutions, processes and systems.

Question 7

state the 2 institutions that enforce criminal law

Answer 7

vic police, Australian federal police

Question 8

Victoria police

Answer 8

investigate crime, collect evidence and arrest and charge the accused

Question 9

australian federal police

Answer 9

investigate crimes against a law of the commonwealth

Question 10

Victorian delegated bodies

Answer 10

worksafe, vicroads, consumer affairs

Question 11

define arrest

Answer 11

the process of charging an accused with a crime and taking them into custody. police can arrest a person if they are believed to have committed a crime. the police may use reasonable force if required, and do not require a warrant

Question 12

define questioning

Answer 12

a person can be questioned by police if they are believed to have committed a crime and are in custody. this must be completed in a reasonable amount of time

Question 13

the role of victorian courts

Answer 13

determine a criminal case (decide guilty/not guilty by judge or magistrate), and impose a sanction

Question 14

define sanction

Answer 14

penalties imposed by a court on someone who has been found guilty

Question 15

define original jurisdiction

Answer 15

the power to hear a case for the first time

Question 16

define appellate jurisdiction

Answer 16

the power of an appellate court to review and overule decisions of a trial court or lower tribunal

Question 17

magistrates court original jurisdiction

Answer 17

summary offences, indictable offences heard summarily, committal proceedings, bail and warrant applications

Question 18

county court original jurisdiction

Answer 18

indictable offences except murder

Question 19

county court appellate jurisdiction

Answer 19

from magistrates court on conviction or sentence

Question 20

supreme court (trial division) original jurisdiction

Answer 20

most serious indictable offences

Question 21

Supreme Court trial division appellate jurisdiction

Answer 21

from magistrates on court of law

Question 22

supreme court (court of appeal) appellate jurisdiction

Answer 22

from county or supreme

Question 23

define imprisonment

Answer 23

a sanction where the offender is removed from society and kept in jail for a period of time. effective method of deterrence and punishment but limited rehabilitation

Question 24

role of the jury

Answer 24

used in the original jurisdiction of the county or supreme court to determine the guilt of an accused person charged with an indictable offence. 12 people are randomly selected from the electoral roll to serve as members of the jury

Question 25

reasons people may be unable to serve jury

Answer 25

ineligible due to occupations or inability to understand the proceedings, disqualified due to past behaviour, excused due to extreme hardship, or challenges (3 jurors for no reason and an unlimited amount with reason)

Question 26

strengths of the jury

Answer 26

reflects community values, allows for community to be involved in process, independent and impartial

Question 27

weaknesses of the jury

Answer 27

can have biases, evidence can be hard to follow

Question 28

purpose of sanctions

Answer 28

punishment, deterrence, denunciation, protection, rehabilitation

Question 29

types of sanctions

Answer 29

community corrections orders, fines, imprisonment

Question 30

define fine

Answer 30

monetary penalty paid by the offender. can act as a deterrent but is unlikely to rehabilitate

Question 31

define community corrections order

Answer 31

served in the community and can be imposed for any offence punishable by more than 5 penalty units (but not very serious offences).