Unit 3 AOS 2 Flashcards
How do Costs, Time, and Cultural Differences effect the poj
Costs: Costs may lead an accused person to be unrepresented, which could result in disadvantadge(equality), an unfair trial(fairness), and not being able to engage in an informed manner(Access)
Time: Delays can affect the evidence(witnesses) and lead to an unjust outcome, delays dispropotionately affect accused person(equality), delays leave less ability to engage with the justice system.
Cultural Differences: Cultural differences could expose an accused person to bias or prejudice, leading to an outcome that is not impartial(Fairness). Could impact the ability for an accused person to engage with the justice system in an informed manner(Access)
Victorian Legal Aid
Government funded agency with the purpose of enduring equal access to the legal system for all victorians. They provide legal information such as processes and procedures and accused rights. Free Legal advice such as burden and standard of proof and nature of crime. Can provide ongoing legal representation through a grant of legal assistance if accused meets eligibility requirements. Helps victims to apply for a compensational resitution order through VOCAT.
provide legal info primarily through website.
Community Legal Centre
Offer free legal info, advice to people in their area. Some offer ongoing legal representation, provided accused meets eligibility requirements, may also support accused to submit a grant of legal assistance application. Help victims to apply for a compensational resitution order through VOCAT.
Plea negotiations
When the prosecution offers an incentive to the accused person in return for them pleading guilty. They are appropriate when there are issues with the crucial witnesses-victims, when there are issues with the admissibility of key pieces of evidence, and when the original charge by police was correct. They are not appropriate in high profile cases, due to the lack of transparency around the negotiations, because the public doesn’t wish for lesser charges due to “tough on crime” type shit gng.
Guilty pleas are likely to act as a mitigating factor as it shows remorse and acceptance of responsibility.
The Court Hieracrchy (Appeals and Specialisation)
Appeals: Court hierarchy allows for appeals which are when a dissatisfied party takes the matter up to a higher court, appealing to a higher court Allows for Fairness if outcome was originally mistaken.
Specialisation: Courts have developed their own expertise within the court hierarchy, such as lower courts are better at dealing with more minor offences whereas higher courts are more acustomed to dealing with more high profile complex cases. This therefore increases the effectiveness and efficiency of the justice sytem benefitting access and fairness.
Key personnel in criminal cases
Judge(Magistrate in summary): An impartial third party that manages the case, enforces the rules of evidence and procdure equally, directs the jury and sentences the offender if found guilty.
Jury: Delivers a verdict based on evidence presented and follow instructions from the judge.
Prosecution: Presents evidence and arguements to the jury or magistrate to support a conviction, working on behalf of the state. Attempting to prove the accused committed the crime beyond reasonable doubt.
Defence/Accused: Present evidence to jury or magistrate to oppose a conviction. Responsible for sourcing their own legal support. If they choose to defend it will likely test the evidence of the prosecution, mayh present own evidence as well. May also present relevant defences that they have the burden of proving.
Need for Legal Practiotioners
Trained lawyers represent each party in a trial , and manage their case. Prosecution will always be represented whilst the accused has to attain their own legal representation. Barristers present the case within the trial. Soliciters provide administrative support and mange the case overall. The role of legal practitioners is to use their legal expertise to support the case. Legal practitioners are needed as they ensure both parties present their case in best possible light.
Costs, time and cultural differences
Costs: accused has to bear the exceedingly high costs of a court case, therefore affects access, equality and fairness. However VLA can grant legal assistance promoting fairness, access and equality
Time: When cases are delayed this increases stress for victims and offenders. Affecting access and fairness as witnesses could forget details. However pre trial processes promote fairness and equality although delaying
Cultural differences: Our legal sytem is english which can reduce access for immigrants and indigenous australians.
Immigrants:
- perception of legeal sytem- corruption
- Language barriers - lack of interpreters
- Different systems of trials
Indigenous Australians:
- Language barriers - aboriginal english
- Perception of police - less likey to report crime
- Indigenous culture - hidden rules of questioning
- Existance of tribal law
However interpreters can be supplied and Koori court.
Purposes of Sanctions
To Punish: To punish the offender to an extenet and in a manner which is just in all of the circumstances.
To Deter: To der the offender or other persons from committing the same or imiliar offence. can be general and specific.
Rehabilitiation: To establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated.
Denunciation: To manifest the denunciation by the court of the type of conduct in which the offender engaged, send message that crime is wrong.
Protect: To protect the community from the offender.
Types of sanctions
Imprisonment: An offender is detained in jail for a period of time, called a ‘sentence.’ They lose their liberty and other freedoms. This is considered the most serious sanction, and is called ‘the sanction of last resort’. A person is sentenced for each charge they are convicted of, and sentences can be concurrent or cumulative. Also come with a ‘non-parole period’, after which time an offender may apply for early release
Fine: Monetary penalties, where the offender pays a sum of money to the court fund. Fines are calculated in ‘penalty units’ with one penalty unit being equal to $192.31. The most serious offences cannot be punished by a fine.
Community Corrections Order(CCO): A flexible, community-based sanction that can have conditions attached to it, such as undertaking unpaid community work or attending rehabilitation sessions. Standard conditions include being of good behaviour (not committing another offence), not leaving Victoria without permission and regularly reporting to a community corrections centre. Tailored to meet the needs of the specific offender, with a heavy focus on rehabilitation
Factors in Sentencing
A judge will look at the crime itself, and the personal circumstances of the offender to determine the level of culpability.
Aggravating factors: Aggravating factors are those than can increase the culpability of the offender, therefore increasing their sanction/sentence. aggravating factors include:
* Premeditation
* use of a weapon
* Breach of trust
Mitigating Factors: Mitigating factors are those than can decrease the culpability of the offender, therefore decreasing their sanction/sentence
Mitigating factors include:
* Personal circumstances such as their age or background
* Demonstrated remorse
* Cooperation with authorities
Victim Impact Statement
An official statement from the victim on how a crime impacted their life. Likely to act as an aggravating factor.
