YEAR 12 - UNIT 3 AOS 1 Flashcards
committal proceedings
the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences
parole
conditional release of a prisoner after minimum period of imprisonment has been served
statute
law made by and bill passed through parliament, and has received royal assent (Act of Parliament)
standard of proof
degree to which a case must be proved in court
sanction
penalty imposed by a court on a persons guilt of a criminal offence
jury
independent group chosen at random to determine questions of fact in trial + reach decision (verdict)
evidence
information, documents, etc. used to prove the facts in a legal case
complainant
person who makes formal legal claim that another has committed a criminal offence against them
barrister
independent lawyer with specialist skills in dispute resolution and advocacy who is engaged on behalf of a party
jury directions
instructions given by a judge to a jury either during/end of a trial
beyond reasonable doubt
standard of proof in criminal cases, requires prosecution to prove there is no reasonable doubt that the accused committed the offence
common law
law made by judges through decisions made in cases (judge-made law)
Victims register
database maintained by state of Victoria to provide victims of violent crimes with information about adult prisoners while they are in prison
social cohesion
willingness of members in society to cooperate with each other in order to survive and prosper
denunciation
(purpose of sanction), demonstrate community’s disapproval of the offenders actions
prosecutor
representative of the prosecution who is responsible for conducting the criminal case and appearing in court
sue
take civil action against another person, claiming infringement of some legal right of the plaintiff
aggravating factors
facts about an offender or an offence that can lead to a more severe sentence
fairness
(principle of justice) all people can participate in the justice system, processes = impartial and open
oath
solemn declaration, person swears the truth on a religious or spiritual belief.
Human Rights Charter
Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose = protect + promote human rights
Deterrence
(purpose of sanction), discourage offender and others in community from committing similar offences
community correction order (CCO)
flexible, non-custodial sanction where offender serves in the community, with conditions attached to the order
original jurisdiction
power of a court to hear a case for the first time
bias
prejudice/lack of objectivity in relation to one person or group
offender
person who has been found guilty of a criminal offence by a court
Royal Commission
highest form of inquiry into matters of public concern and importance. Established by government and are given wide powers to investigate and report on an important matter of public concern
summary offence
minor offence (generally heard in the Magistrates’ Court)
class action
legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person
victim
person who has suffered directly or indirectly as a result of a crime
remand
accused is kept in custody until their criminal trial can take place
sanction
a penalty imposed by a court on a person guilty of a criminal offence
bail
release of an accused person from custody on condition that they will attend a court hearing to answer the charges
cumulative sentence
two sentences imposed, served one after the other
victim impact statement
statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence
Australian Constitution
set of rules and principles that guide the way Australia is governed.
crossbenchers
members of Parliament who are not members of either government or opposition
punishment
(purpose of sanction), penalize offender + show society criminal behaviour will not be tolerated
concurrent sentence
(sanction) served at the same time as one or more other sentences
indictable offence
serious offence (heard before a judge and a jury in the County Court/Supreme Court of Victoria)
High Court
ultimate court of appeal in Australia and the court with the authority to hear and determine disputes arising under the Australian Constitution
international treaty
legally binding agreement between countries or intergovernmental organizations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws
unanimous verdict
decision where all the jury members are in agreement and decide the same way
guilty plea
offender formally admits guilt, considered by court when sentencing
appeal
application to have a higher court review a ruling
rule of law
principle that everyone in society is bound by and must obey the law + (fair and clear)
community legal center (CLC)
independent community organization that provides free legal services to people who are unable to pay for those services.
accused
person charged with a criminal offence (has not been found guilty/pleaded guilty)
jurisdiction
lawful authority of a court, tribunal or other dispute resolution body to decide legal cases
bill
proposed law that has been presented to parliament to become law. Act of Parliament once passed through all the formal stages of law-making
recidivism
re-offending; returning to crime after already having been convicted
balance of probabilites
standard of proof in civil disputes. Requires plaintiff to establish that it is more likely than not that their claim is true
precedent
principle established in a legal case that should be followed by courts in later cases where the material facts are similar.
appellate jurisdiction
power of a court to hear a case on appeal
mitigating factors
facts/circumstances about the offender/offence that can lead to a less severe sentence
non-parole period
minimum term a prisoner must serve before they are can be given parole
conviction
finding of guilt made by a court, whether or not a conviction is recorded
specialist CLC
community legal centre that focuses on a particular group of people or area of law (young people, asylum seekers, etc.)
opposition
political party that holds the second largest number of seats in the lower house. (questions government about policy matters + responsible for holding the government to account)
defendant
party who is alleged to have breached a civil law and who is being sued by a plaintiff
Victorian Law Reform Commission (VLRC)
organisation which reviews, researches and makes recommendations to the state parliament about possible changes to Victoria’s laws
civil dispute
disagreement between two or more individuals in which one of the individuals makes a legal claim against the other
Federation
union of sovereign states that gave up some of their powers to a central authority to form Australia
burden of proof
obligation of a party to prove a case.
Office of Public Prosecutions (OPP)
Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of DPP
intergenerational trauma
psychological response to distressing, oppressive historical events, which is passed on to future generations. (First Nations)
civil law
area of law that defines the rights and responsibilities of individuals, and groups in society
specific deterrence
(purpose of sanction) to discourage the offender from committing further offences
Director of Public Prosecutions (DPP)
independent officer responsible for conducting prosecutions of indictable offences on behalf of the State of Victoria
examination-in-chief
questioning of one’s own witness in court in order to prove one’s own case and disprove the opponent’s case
prosecution
party that institutes criminal proceedings against an accused on behalf of the state
respondent
party against whom an appeal is made
presumption of innocence
right of a person accused of a crime to be presumed not guilty unless proven otherwise
criminal law
area of law that defines behaviours and conduct that are prohibited + outlines sanctions
equality
(principles of justice) treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage
government
ruling authority with power to govern, formed by political parties (coalition)
generalist CLC
community legal centre that provides a broad range of legal services to people in a particular geographical area of Victoria
plaintiff
the party who makes a legal claim against another party in court
pro bono
public good, legal services provided for free/reduced rates
means test
test applied by Victoria Legal Aid to determine whether an applicant qualifies for legal assistance or representation in court
laws
legal rules made by a legal authority that are enforceable by the police and other agencies
majority verdict
decision where all but one of the members of the jury agree
secondary legislation
rules and regulations made by secondary authorities that are given the power by parliament
criminal justice system
set of processes used to investigate and determine criminal cases
committal hearing
court hearing that is held as part of the committal proceeding in the Magistrates’ Court. Decide whether there is sufficient evidence to support a conviction for the offence charged
Westminster system
parliamentary system of government that developed in Britain and upon which Australia’s parliamentary system is modelled
parliament
formal assembly of representatives of the people that is elected by the people and gathers to make laws
statute law
law made by parliament (acts of Parliament)
income test
test applied by Victoria Legal Aid to determine whether a duty lawyer can represent an accused.
appellant
person who appeals against a decision
Act of Parliament
law made by parliament; a bill passed through parliament, received royal assent
royal assent
formal signing and approval of a bill by the Governor-General
constitutional monarchy
system of government in which a monarch is the head of state and a constitution sets out the powers of the parliament
imprisonment
(sanction) removing the offender from society for a stated period of time and placing them in prison
apprehended bias
situation in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case might not bring an impartial mind to the case
fine
(sanction) offender to pay an amount of money to the state
political party
organisation that represents a group of people with shared values and ideas, aims to have its members elected to parliament
protection
(purpose of sanction), safeguard the community from an offender by preventing them from committing a further offence
alternative arrangements
measures that can be put in place for witnesses in certain criminal cases to give evidence in a different way
Commonwealth offences
crimes that break a law passed by the Commonwealth Parliament
plea negotiations
pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid
cross-examination
questioning of a witness called by the other side in a legal case
Koori Court
division of the Magistrates’ Court, Children’s Court and County Court that operates as a sentencing court for First Nations people
victim
person who has suffered directly or indirectly as a result of a crime
hearsay evidence
evidence given by person who did not personally witness the thing that is being stated to the court as true
Magna Carta
‘peace treaty’ made in England in 1215 between the barons and the King
indefinite sentence
term of imprisonment that has no fixed end date
general deterrence
amount of money that one party is ordered to pay to another party to compensate for losses that are not easily quantifiable
discrimination
unfavourable treatment of a person based on a certain attribute
responsible governent
legal principle which government is to be answerable to elected representatives of the people for its actions + the government is to maintain the confidence of the majority of the lower house
self-represented party
person before a court/tribunal who has no professional assisting
Victoria Legal Aid (VLA)
government agency that provides free legal advice to all members of the community and legal representation
Victims’ Charter
Recognises the impact of crime on victims + provides guidelines for the provision of information to victims
indictable offence heard and determined summarily
serious offence that is dealt with as a summary offence if the court and the accused agree
disparity
situation in which two or more things or people are not equal
rehabilitation
(purpose of sanction), reform offender in order to prevent them from committing offences in the future
Law Council of Australia
national representative body of the Australian legal profession
