unit 3 aos 1b Flashcards
responsibilities of a judge in a criminal trial
manage the trial, decide on admissibility of evidence, give directions to the jury, hand down a sentence
responsibilities of a jury in a criminal trial
be objective, deliver a verdict, listen and remember evidence
responsibilities of parties in a criminal trial
give opening/closing address, present a case
responsibilities of legal practitioners in a criminal trial
solicitor (gives advice about the law & individuals rights. can draw up any documentation, appear in court on behalf of their client and prepare a case) & barrister (presents case to court)
define sanctions
a penalty imposed by a court on a person guilty of a criminal offence
state the types of sanctions (3)
fines, CCO’s, imprisonment
define fines
amount of money ordered to be paid by the offender to the state of Victoria. A court must consider the financial circumstances of the offender and whether it will act as a burden. The sentencing act expresses fines in levels 1-12 and each level refers to the number of penalty units. fines cannot be ordered at level 1 (most serious offences)
purpose of fines
punishment, denunciation, specific/general deterrence
define CCO’s
supervised sentence served within the community. gives offenders opportunity to stop criminal behaviour & undergo treatment. can be imposed for up to 2 years in the magistrates court and up to 5 in any other Vic court.
purpose of CCO’s
punishment, rehabilitation, specific deterrence
define imprisonment
person losing freedom by being removed from society and held in custody for a period of time. expressed in levels from 1 (life sentence) to 9 (6 months). life sentences can only be imposed in the supreme court
purpose of imprisonment
punishment, protection, general/specific deterrence, denunciation
define concurrent sentences
runs at the same time as another sentence but longer sentence of the 2 is served
define cumulative sentences
more than 1 sentence imposed, served one after the other
state the purposes of sanctions (5)
punishment, deterrence, rehabilitation, denunciation, protection
define rehabilitation
involves addressing underlying reason behind an offender choosing to commit a crime and treating them through various programs to assist them in becoming a useful member of society
define punishment
involves inflicting burden on the offender so the victim feels justice has been done and the community feels retribution has been achieved
define deterrence
involves discouraging an offender/other people from committing crimes. general (aimed at deterring the community from committing similar crimes) & specific (aimed at discouraging offender from reoffending)
define denunciation
to express courts disapproval of offenders behaviour
define protection
seeks to safeguard the community from the offender
state the sentencing factors (4)
aggravating factors, mitigating factors, guilty plea, victim impact statement
define aggravating factors
circumstances that increase the seriousness of an offence and increase severity of sentence imposed
define mitigating factors
circumstances related to the offender/victim that reduce the seriousness of the offence
define guilty plea
a less severe sentence may be imposed if offender agrees to a guilty plea at an early stage of the trial. can avoid time, costs and stress of attending a trial
define victim impact statement
voluntary statement made by victim to the court in a sentencing hearing. includes details of financial loss, psychological loss or physical injury. victim can read statement in court/ask prosecution to do so. helps judge/magistrate understand how crime impacted victim
examples of aggravating factors
use of violence, vulnerabilities of victim, offender being motivated by prejudice/hatred towards a particular group
examples of mitigating factors
offender was provoked by victim, showed remorse, was acting under duress or pleaded guilty early
