Victorian Criminal Justice System

Question 1

Equality

Answer 1

means people should be equal before the law and have the same opportunities as everyone else, without advantage or disadvantage

Question 2

Fairness

Answer 2

means people should be involved in impartial court proceedings and hearings e.g. both parties knowing the information on a case

Question 3

Access

Answer 3

means all people should have knowledge and ability to reach for certain needs in the legal system such as access to a legal aid or access to VCAT etc

Question 4

Summary offence

Answer 4

a less serious offence generally heard in the Magistrates court e.g. road traffic offences, drug offences, disorderly behaviour

Question 5

Indictable offence

Answer 5

a serious offence that is generally heard before a judge and jury in the County and Supreme court e.g. murder, rape, arson

Question 6

Burden of proof

Answer 6

the obligation (responsibility) of a party to prove a case. Rests with the prosecution in a criminal case

Question 7

Standard of proof

Answer 7

the extent to which a case must be proved in court.

Criminal law - ‘beyond reasonable doubt’

Question 8

The presumption of innocence

Answer 8

the right of a person accused to be labelled innocent until proven guilty in court

Question 9

Rights of an accused

Answer 9

1. right to be tried without unreasonable delay
2. right to a fair hearing
3. right to trial by jury

Question 10

Rights of a victim

Answer 10

1. right to give evidence as a vulnerable witness
2. right to be informed about the proceedings
3. right to be informed of the likely release date of the accused

Question 11

specialisation

Answer 11

• A hierarchy means that judges gain experience in dealing frequently in a particular area of law.
• Important for serious offences – courts build up specialisation skills in hearing those types of cases e.g. homicide-related offences.

Question 12

appeals

Answer 12

• If an individual believes an error has been made in their case, there is a pathway for review.
• Important to concept of innocence and FAIR HEARING – if an error has been made then a person must have the right to appeal the decision.

Question 13

judge responsibilities

Answer 13

Manage the trial:
- The judge must make sure that correct court procedure is followed so that both parties have an equal opportunity to present their case.

Attend to jury matters:
- At any time during a trial, the judge may address the jury about the issues in the trial, the relevance of any admissions made, or any other matter that may be relevant to the jury, including giving a direction to the jury about any issue of law.

Question 14

jury responsibilities

Answer 14

Be objective:
- The jury must be unbiased and bring an open mind to the task, putting aside any prejudices or preconceived ideas.

Consider the evidence:
- The jury members will need to able to make sense of all this evidence and remember the evidence

Understand directions and summing up:
- At the conclusion of a trial, the judge will give directions to the jury about issues or points of law, and will sum up the case. The jury is required to listen to the directions and the summing up given by the judge, and can ask for an explanation about any legal point they don’t understand.

Deliver a verdict:
- The jury must take part in the deliberations in the jury room and form an opinion about which party’s story or arguments they believe.

Question 15

role of judge

Answer 15

• They can ask some clarifying questions, and give a bit of guidance to self represented parties about procedure, but cannot help the party run their case.
  
  • the judge must act impartially, not favour any side, and must have no connection with the prosecution or the accused.
  • If a judge cannot faithfully execute these duties, then they must recuse from the trial.

Question 16

role of jury

Answer 16

• The jury system is a trial by peers. The idea being that you should be judged by ‘regular people’.
• The jury system provides the opportunity for community participation in the legal process, and for the law to be applied according to community standards.
• The criminal jury is the decider of the facts. In other words, it makes a decision about which facts it believes to be true
• A criminal jury comprises 12 jurors. Jurors are chosen randomly from people eligible to vote and who are on the electoral roll.

Question 17

purposes of sanctions

Answer 17

If the accused is found guilty, or if they have pleaded guilty to the charge(s), the judge/magistrate will decide on an appropriate sanction.

Question 18

rehabilitation

Answer 18

• Rehabilitation is the treatment of an offender to address the underlying reasons for the offender committing the crime in the first place.

Question 19

punishment

Answer 19

• Punishment gives the community some revenge against an offender.
  
  • The victim and community must feel as though justice has been served, this can occur through punishing the offender.

Question 20

deterrence

Answer 20

• discourages certain actions as offenders could have a fear of the punishment imposed on them
• Some sanctions are aimed at discouraging other people from committing similar crimes = general deterrence. This means society as a whole is discouraged from engaging in this type of behaviour.
  • Sanctions may also be specific to the individual from committing the same offence again = specific deterrence.

Question 21

denunciation

Answer 21

• Denunciation is the disapproval of a court towards the actions of the accused.
  Courts may impose a particular sanction to show the community that the court disapproves of the offender’s conduct.

Question 22

protection

Answer 22

• Protection aims to safeguard the community from the offender.
  
  • At times, it is necessary to remove an offender from the community (put them in prison) to achieve protection, because the offender is physically unable to reoffend as they are in restrained.

Question 23

aggravating factors

Answer 23

• Aggravating factors are circumstances about the offender, or offence, that may increase the seriousness of the offence (or the offenders culpability). E.g. a sexual assault is worse if committed by a person of trust – doctor/teacher/priest etc.
  
  • If an aggravating factor is present, a harsher sentence should be imposed.

Question 24

mitigating factors

Answer 24

• Mitigating factors are circumstances that a court should consider when determining an appropriate sentence.
  
  • Mitigating factors help reduce the seriousness of the offence or the offenders culpability.

Question 25

guilty pleas

Answer 25

1. If the offender knows at an early guilty plea is taken into account when determining the sanction, it may encourage them to plead guilty earlier.
   
   2. Early guilty pleas have substantial benefits to the criminal justice system including – prosecution, victims, society, families and expense, time and stress of a trial.

Question 26

victim impact statement

Answer 26

• The court must take into account the impact of the offence on any victim and the personal circumstances of a victim, when sentencing an offender.
  
  • The most common way a court will learn of the impact of a victim is through a victim impact statement.
  • A victim impact statement contains information relating to an injury, loss or damage suffered by the victim as a direct result of the offence.

Question 27

costs of legal representation

Answer 27

this element restrict the criminal justice system’s ability to achieve justice

Question 28

The use of Plea negotiations and sentence indications

Answer 28

this element enhances the criminal justice system’s ability to achieve justice

Question 29

cultural factors

Answer 29

• The community in general is becoming more aware of the need to ensure that all people have access to the justice system, and that all people are treated equally and fairly.
• But this is not always the case, particularly for different cultural groups in society. These include people for whom English is not their first language and Aboriginal and Torres Strait Islander peoples.

Question 30

Koori court

Answer 30

• Designed for Victorian Indigenous people
  
  • Comes out as a recommendation by the “Aboriginal Deaths in Custody” Royal Commission in 1991
  • Koori court established 2002 (Magistrates court)
  • The level of disadvantage of Indigenous people is vastly greater than any other group in our community by just about any measure; life expectancy, health outcomes, education, housing etc
  • Achieves access and equality

Question 31

reforms

Answer 31

• A reform is a change in the law (legislation) which is implemented to result in an improvement.
  In the context of our course, that reform (change in the law) should be to improve the ability of the criminal justice system to achieve the principles of justice

Question 32

recent reforms

Answer 32

• a reform has occurred within 4 years
• Koori court (expansion of Koori court)
  
  • Abolition of public drunkenness as an offence (linked to Aboriginal deaths in custody)

Question 33

recommended reforms

Answer 33

• a reform that is going to happen
• Continued expansion of the County Koori court - what will this mean for P.O.J
  
  • Judge alone trials (regardless of COVID)
  • Increased funding for legal aid and other legal services - link to P.O.J