UNIT 3 - SAC 1b Flashcards
The role of the judge
Make sure that the court procedures are carried out in accordance with the courts rules and that each of the parties are treated fairly.
- Manage the trial
- Attend to jury matters
- Hand down a sentence
- Decide on admissibility of evidence
- Give directions to the jury and sum up the case
The role of the jury
- Be objective (cannot have any connection to anyone)
- Listen to and remember evidence
- Understand directions and summing up
- Deliver a verdict
The role of parties in a criminal case
- Giving a opening address
- Assist the judge in jury matters
- Present the party’s case
- Give a closing address
- Make submissions about sentencing
The role of legal practitioners
- Be prepared (ready and familiar with the case)
- Comply with their duty to the court
- Present the case in the best light possible
- Act in the best interest of their client
Purposes of sanctions
- Rehabitaliation
- Punishment
- Deterrence
- Denunciation
- Protection
REHABITALIATION
Help treat the offender and address underlying issues or reasons for the offender committing the crime
- Aims to assist offenders to change their attitudes and behaviours
- Prevents them from reoffending in the future
Correcting behaviour
PUNISHMENT
Gives the community revenge against the offender
- The punishment must be appropriate to the offence committed
GENERAL DETERRENCE
- Discouraging other people from committing similar crimes
- Aimed at deterring the entire community
SPECIFIC DETERRENCE
Discourage the offender from committing the same offence again
DENUNCIATION
The disapproval of the court
- show the community that the court disapproves of the offender’s conduct
PROTECTION
Seeks to safeguard the community from the offender
- Remove the offender from the community
FINES
An amount of money ordered to be paid by the offender to the state of Victoria
- The amount of the fine will often depend on the maxim of the penalty
Purposes of fines
- Fines can act as a specific deterrence to discourage an offender from reoffending
- Fines can act as a general deterrence to other members of the public who know they will have to pay a fine if they’re caught committing a similar crime
COMMUNITY CORRECTIONS ORDER
A supervised sentence served in the community that includes special conditions, such as the treatment of the offender and unpaid community work for a number of hours
Purpose of CCOs
- PUNISH THE OFFENDER
- SPECIFIC DETERRENCE
IMPRISONMENT
People being removed from society and they will lose their freedom and liberty
- If a court sentences an offender to imprisonment for two years or more, it must also state a minimum, non- parole period.
Purposes of imprisonment
- Punishment
- Protect society
- chance of rehabilitation
Sentencing factors
- aggravating factors
- mitigating factors
- guilty pleas
- victim impact statements
Aggravating factors
circumstances about the offender or the offence that can increase the seriousness of the offence, or the offender’s culpability.
Mitigating factors
circumstances that a court should consider when determining the appropriate sentence.
Guilty pleas
A guilty plea at an early stage before trial (or hearing) or at the start of the trial can result in a less- severe sentence.
- If the offender knows that a early guilty plea is taken into account when sentencing it will make them more likely to plead guilty rather than going to trial
- Has a significant benefit to the system overall as it avoids the time and expense of a trial
Victim impact statement
statement by the victim or the victims family on how the victim has suffered
- Assists the victim to have their say in the sentencing process
Cost factors
- The costs of legal representation (restricts/limits people’s access )
- The availabilities of legal aid (enhances people’s access)
Time factors
- court delays
- plea negotiations
Cultural factors
- Language barriers
- Direct questioning
- Body language
- Cultural taboos
- Lack of understanding of court procedures
Recent reform
Vulnerable witness support dogs
recommended reform
judge only trials
