AOS 3 - exam study Flashcards
(27 cards)
institutions that enforce criminal law
the police and delegated bodies
the vicotrian police role
Talk to victims or witnesses about what happened
Question possible suspects
Examine crime scenes
Look for and gather physical or forensic evidence
Conduct searches of people or property
Arrest accused persons
Charge people with offences that most fit the crime
Australian Federal Police
But the Commonwealth also makes laws on topics relating to all of Australia. For example:
Terrorism, money laundering, importing drugs into Aus
the general police role:
Preserve the peace
Protect life and property
Prevent crime
Detect and apprehend offenders
Assist victims of crime
delegated body example
worksafe victoria
why have delegated bodies been given this power
They may have been given these powers because…
They have specialist knowledge
The matters are too technical for the police
It is more convenient and sensible for them to exercise those powers
worksafe victoria aim
This Act is the main statute in Vic that aims to ensure the health, safety and welfare of employees and other individuals at work.
police powers - arrest
Police can arrest you if they have a warrant
And police are allowed to use “reasonable force”.
what conditions can a person be arrested without a warrant
to ensure you appear in court
to preserve public order, ensure public safety
to stop a crime being committed or repeated
If the police reasonably believe you’ve committed an indictable offence
Individual Rights - Arrest
Unless you are arrested, you can refuse to go to police station.
Right to be informed about why you are being arrested.
Right to be either released (e.g. on bail or unconditionally) or brought before a court without unreasonable delay.
right to remain silent.
Prosecution has the power to
Prepare the case
Speak with witnesses
Collect evidence
Plea negotiations with accused
Call and question witnesses
Accused has the right to…
Have charge heard by independent and unbiased adjudicator
Fair and public hearing
Be presumed innocent until proven guilty
Adequate opportunity to prepare case
Corrections Victoria has the power to…
Search and examine any person
Seize unauthorised goods
Arrange for medical tests for alcohol or drugs
Require a prisoner to be electronically monitored
Prisoners have the right to…
- Be in the open air for at least an hour each day
- Be provided with adequate food, and where necessary, special dietary food
- Be provided with suitable clothing
- Access reasonable medical/dental care and treatment
role of the court
Determine a criminal case
Impose a sanction
what do the juries do?
Listen to all of the evidence
Reach a verdict
Never talk about jury room deliberations
how to get out of being a juror
Reason
Disqualified
Ineligible
Challenge
Excused
strengths of the jury system
Allows community to be involved in the justice system - openness and transparency.
minimises pressure on single judge, upholds standard of proof, minimises risk of bias
Independent of legal and political systems, no connections to accused etc, impartial as they can only make decision based on evidence.
weakness of jury system
Do not have to give reasons for their decisions
Jurors can be biased, unduly swayed by fast talking barrister, might be sneaky and conduct research, might pressure other jurors to side with them
Sometimes hard to follow evidence in complex cases, this can impact their ability to come to a fair decision.
purposes of sanctions
Protection
Rehabilitation
Punishment
Deterrence
Denunciation
types of sanctions
Fines
Community Correction Order
Imprisonment
2 factors that help determine the sanction
mitigating factors
aggravating factors
what does the Drug Court do?
the Drug Court can help to keep them out of prison and help them beat their addiction.
eligible of drug court
Plead guilty.
Live in the area serviced by the Drug Court
The offence/s must not be sex offences
The offender is screened to determine their suitability
