unit 3 aos 1b

Question 1

responsibilities of a judge in a criminal trial

Answer 1

manage the trial, decide on admissibility of evidence, give directions to the jury, hand down a sentence

Question 2

responsibilities of a jury in a criminal trial

Answer 2

be objective, deliver a verdict, listen and remember evidence

Question 3

responsibilities of parties in a criminal trial

Answer 3

give opening/closing address, present a case

Question 4

responsibilities of legal practitioners in a criminal trial

Answer 4

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)

Question 5

define sanctions

Answer 5

a penalty imposed by a court on a person guilty of a criminal offence

Question 6

state the types of sanctions (3)

Answer 6

fines, CCO’s, imprisonment

Question 7

define fines

Answer 7

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)

Question 8

purpose of fines

Answer 8

punishment, denunciation, specific/general deterrence

Question 9

define CCO’s

Answer 9

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.

Question 10

purpose of CCO’s

Answer 10

punishment, rehabilitation, specific deterrence

Question 11

define imprisonment

Answer 11

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

Question 12

purpose of imprisonment

Answer 12

punishment, protection, general/specific deterrence, denunciation

Question 13

define concurrent sentences

Answer 13

runs at the same time as another sentence but longer sentence of the 2 is served

Question 14

define cumulative sentences

Answer 14

more than 1 sentence imposed, served one after the other

Question 15

state the purposes of sanctions (5)

Answer 15

punishment, deterrence, rehabilitation, denunciation, protection

Question 16

define rehabilitation

Answer 16

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

Question 17

define punishment

Answer 17

involves inflicting burden on the offender so the victim feels justice has been done and the community feels retribution has been achieved

Question 18

define deterrence

Answer 18

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)

Question 19

define denunciation

Answer 19

to express courts disapproval of offenders behaviour

Question 20

define protection

Answer 20

seeks to safeguard the community from the offender

Question 21

state the sentencing factors (4)

Answer 21

aggravating factors, mitigating factors, guilty plea, victim impact statement

Question 22

define aggravating factors

Answer 22

circumstances that increase the seriousness of an offence and increase severity of sentence imposed

Question 23

define mitigating factors

Answer 23

circumstances related to the offender/victim that reduce the seriousness of the offence

Question 24

define guilty plea

Answer 24

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

Question 25

define victim impact statement

Answer 25

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

Question 26

examples of aggravating factors

Answer 26

use of violence, vulnerabilities of victim, offender being motivated by prejudice/hatred towards a particular group

Question 27

examples of mitigating factors

Answer 27

offender was provoked by victim, showed remorse, was acting under duress or pleaded guilty early