Unit 3 AOS1 Part 2 - The Victorian Criminal Justice System

Question 1

Plea Negotiations

Answer 1

Discussion between the prosecution and accused, aiming to encourage the accused to pleas guilty to a lesser charge

Question 2

Purposes of Plea Negotiations

Answer 2

It allows the accused a lesser sentence, reduces trama and stress for victims and witnesses, lessens legal fees, and ensures that a charge is placed for the prosecution.

Question 3

Appropriateness of Plea Negotiations

Answer 3

Both parties must agree, that the case is difficult to prove, the accused is willing to plead guilty, and victimless crimes. Not appropriate without an agreement, with large punishments or it is in the public interest to have a punishment/

Question 4

The Reasons for the Court Hierarchy

Answer 4

Specialisation and Appeals

Question 5

Specialisation

Answer 5

The process of a court developing expertise in a particular area of law as a result of hearing similar matters regularly.

Question 6

Appeals

Answer 6

A legal process that a dissatisfied party may pursue to have a court decision reviewed by a higher court.

Question 7

The Role of a Judge

Answer 7

They should apply all evidence rules and procedures, remain on time, give directions to the jury, remain impartial,and determine guilt and sentence (Magistrates only)

Question 8

The Role of the Jury

Answer 8

The jury must only consider admissible evidence, listen actively to the presented evidence, and must listen to instructions by judicial officals.

Question 9

Solicitor

Answer 9

A solicitor advises their client on a large range of general issues and handles the day-to-day processes.

Question 10

Barristers

Answer 10

Barristers provide legal representation, presenting evidence, questioning witnesses and confronting the jury.

Question 11

The Need for Legal Practitioners (Section 197, ‘Criminal Procedure Act 2006 (VIC))

Answer 11

A judge can adjourn a trial until legal representation is attained. The practitioners must uphold the Rule of Law, help understanding, help with witness questioning, provide support and act objectively and help achieve a fair outcome.

Question 12

The Impact of Cost

Answer 12

Victims have to pay expensive court fees, lose out on work, pay for legal representation and recover afterwards aswell as adverse court fees and appellate costs. VLA can provide aid and victims are freely represented by the OPP.

Question 13

The Impact of Time

Answer 13

Delays due to court backlog, juries and evidence gathering and a hung jury, judges can use case management powers to lessen proceedings time.

Question 14

The Impact of Cultural Differences

Answer 14

Minorities can possess limited knowledge of legal processes, limited English skills, ingrained mistrust towards police, and fear of cultural violations and repercussions.

Question 15

Rehabilitation

Answer 15

The act of restoring an offender to normal life as a law-abiding member of the community after they have participated in a criminal act. This can be achieved through CCOs and DIOs

Question 16

Punishment

Answer 16

The infliction of pain or loss to ensure an offender is adequately penalised for their actions against society.

Question 17

Deterrence

Answer 17

The act of discouraging an offender, or another individual from reoffending or committing similar offences against society. Can be specific where its focused on the offender or general focussing on the community.

Question 18

Denunciation

Answer 18

The act of publicly condemning an offender’s criminal behaviour.

Question 19

Protection

Answer 19

The act of ensuring offenders do not pose a significant risk to the welfare and safety of the victims and wider society, through imprisonment usually.

Question 20

Fines

Answer 20

A sanction which requires the offender to make a monetary payment as a penalty for a criminal offence.

Question 21

Community Correction Order (CCO)

Answer 21

A non-custodial sentence that is served by the offender while they are still in the community for offences above 5 penalty units with a 2 year maximum for a single offence and a 5 year for multiple.

Question 22

Imprisonment

Answer 22

A sanction that removes an offender from the community and places them in prison for a given period.

Question 23

Aggravating Factors

Answer 23

Aspects of the offence or offender that render the offence more serious and can lead to a more severe sentence, in front of children, weapons, vulnerability, prior convictions, hate crimes, planned and with a group.

Question 24

Mitigating Factors

Answer 24

Aspects of the offence or the offender that render the offence less serious and can lead to a lesser sentence. SUch as remorse, result of provocation, age, clean records, cooperation and prospects of rehabilitation.

Question 25

Guilty Pleas

Answer 25

A full admission of guilt by an accused person for a crime they have committed. Prosecution doesn’t have to prove guilt, quicker, lesser sanctions, less stress is seen as a mitigating factor.

Question 26

Victim Impact Statement (VIS)

Answer 26

A written or verbal statement that is made to the court about the effect an offender’s actions have had upon the victim, can be both an aggravating and mitigating factor.