Victorian Criminal justice system P2 Flashcards
qWhat is the role of the prosection?
disclosing info to accused, participate in trial or hearing by presenting evidence and make submissions about sentencing
What is the role of the accused?
Participate in trial, Give their testimony of events (formal statement) and make submissions about sentencing
What is the role of legal practioneers?
To act on behalf of the accused, research case and act honestly
What are the main roles of both parties?
Give an opening and closing address, prepare and present evidence and make submissions about sentencing
Adversary system
System where both parties have the equal right to seek a lawyer to represent them and present their evidence in court
What are strengths and weaknesses of the role of parties?
Strengths- Both parties have opportunity to present their cases, prosecution must disclose important matters
Weaknesses- Complex processes, issue of adequately early disclosure
Why is there a need for legal practitioners
Legal advice is essential and self representation lacks the skills and experience needed
Strengths and weaknesses of legal practitioners
Strengths- Expert skills help accused navigate legal system
Weaknesses- Not everyone can access, not all LP have same experience and skills
How do cost issues related to fairness?
Unrepresented people are disadvantaged due to lack of legal knowledge
How do cost issues relate to equality?
Inbalance of skills between unrepresented parties and barristers
How do cost issues relate to access?
Self represented parties dont have access to right
Principle of parsimony
The sentence imposed can not be more severe than necessary to achieve the chosen purpose
sanction
a threatened penalty for disobeying the law
Name 3 types of sanctions
Imprisonment with conviction, community correction order, fine
What are the 5 purposes of sanctions?
Deterrence, Denunciation, Punishment, Protection & Rehabilitation
Deterrence
aiming to discourage future offending from the accused (specific) or the community (general)
Denunciation
showing the disapproval of court to the broader community to inform that such actions will not be tolerated
Punishment
Facilitates the community seeking revenge against the offender in order to feel that justice has been done
Protection
Offender may be removed from society if there is the risk that they will commit further offences
Rehabilitation
Focuses on goal of reforming an offender to prevent future offending in the future
fine
money paid by the offender to the state
community correction order (CCO)
a non custodial, supervised order served in the community. intended to be flexible so it is tailored to the offender
imprisonment
sanction that involves the removal from society and being placed in the custody of a state for a specified period of time
How do time factors impact the principles of justice?
Fairness-Delays impact evidence retrieval
Equality- Some may be placed at disadvantage if they find the delay distressing
Access-Delays hinder accessibilty of courts
What are difficulties faced due to cultural differences?
Language difficulties, low knowledge about legal system, cultural misunderstandings and failures of legal system to consider disadvantage
What are the main purposes of fines?
Punishment and deterrence
What are the main purposes of imprisonment?
Protection, punishment, deterrence and denunciation
What are the main purposes of community correction orders?
Deterrence, rehabilitation and denunciation
what are 4 factors considered in sentencing?
Aggravating factors, migitating factors, guilty pleas and victim impact statements
Aggravating factors
Circumstances that can increase seriousness of the offence, and should lead to a higher sentence eg. crime committed in front of children
Mitigating factors
Circumstances that can reduce seriousness of an offence, therefore leading to a potentially lesser sentence eg. showing remorse, early guilty plea
Victim impact statement
Statement that summarises the damage cause by the accused to the victim to assist the court in sentencing
cost as a limitation
Legal representation is expensive, which can disadvantage lower-income individuals. Legal Aid exists, but not everyone qualifies.
time as a limitation
Delays in the legal system—due to backlogs, gathering evidence, or appeals—can cause stress for victims and accused persons.
cultural differences as a limitation
Language barriers, a lack of understanding of the legal system, and bias can make it harder for some people to access justice fairly. Indigenous Australians, for example, face significant challenges in the legal system.
