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If individual or company has broken the law by committing a crime, the person or company is brought to justice.

1
Q

Bodies

A

Individual or company have broken law by committing a crime, then the person or company is brought to justice

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2
Q

Police

A

Serve the community and the law to enforce criminal law
police:
preserve peace
prevent crime

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3
Q

Delegated bodies

A

An authority or agency given power to make and enforce laws

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4
Q

If laws are broken, enforced by

A

warnings, directing person, rehabilitation, legal proceedings

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5
Q

Fairness

A

people can participate in justice system and processes should be impartial and open
impartial : no bias
open : accountability of actions

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6
Q

equality

A

people should be treated in the same way, but if the same treatment causes disparity or disadvantage, adequate measures should be taken to allow all to engage with the justice system without disparity or disadvantage

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7
Q

access

A

all people should be able to engage with the justice system and its processes on an informed basis
formal: individuals treated the same regardless of personal characteristics
different : special measures

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8
Q

Powers and rights

A

Australians are entitled to a number of rights and freedoms

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9
Q

courts

A

federal and state courts
state courts deal with issues arising under state law
federal courts deal with issues arising under federal courts

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10
Q

Arrest

A
  • Once a crime has been committed the police have the power to arrest an accused person
  • The power of arrest with or without a warrant is found in the Crimes Act 1958 (Vic)
  • Most are made without a warrant
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11
Q

Determine criminal case

A

If accused pleads not guilty then it’s the role of the courts to determine whether the accused is guilty

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12
Q

Individuals in an arrest

A

Can refuse to attend a police station unless under arrest. Must be informed of the reason for their arrest at the time of the arrest and be promptly informed of any proceedings against them

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13
Q

process

A

charged with an indictable offence first go to magistrates courts for a committal proceeding

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14
Q

Questioning

A
  • if a person has been arrested and is in custody for being suspected of committing an offence, an investigating official has the power to question them within a reasonable time
  • May be questioned to determine what involvement they had in the offence if any
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15
Q

courts role

A

provides specialisation and expertise in the type of case its hearing

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16
Q

imposing sanctions

A

accused pleads guilty or is found court sets out a date for hearings
both parties discuss
facts
circumstances

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17
Q

Court proceedings
For summary offences,

A

the Magistrates’ Court hears and determines the charged and the magistrate determines guilt

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18
Q

Court proceedings
For indictable offences,

A

the Magistrates’ Court determines whether there is enough evidence to a support a conviction at trial before the matter is transferred to the County or Supreme Court

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19
Q

The jury

A

independent group of people chosen at random to determine questions in a trial based of facts and evidence provided

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20
Q

Imprisonment of the offender

A

If found not guilty, accused is released immediately
● If found guilty, the court’s role is to impose a sanction
● The sanction of last resort is imprisonment -> involves removing the offender from society and placing them in jail for a period of time

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21
Q

Groups we will focus on who struggle with the justice system are:

A

First Nations people
● Young people
● Culturally and linguistically diverse people
● Disabled people

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22
Q

when are Jurys used

A

used in court and supreme courts

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23
Q

what does criminal jury consist of

A

12 jurors
over 18
randomly selected

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24
Q

Overrepresentation in the justice system

indigenous ppl

A

Comprise 3.8% of the Australian population
● However, make up 32% of the prison population
● In Victoria, 9% of the prison population is Indigenous
● Account for only 1% of Victoria’s population
● Indigenous children and young people account for about 15% of children and young people under supervision

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25
role of criminal jury
-Listen to all evidence -Concentrate during trial -Decide whether accused is guilty or not guilty based off evidence
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Difficulties faced Cultural differences
Differences in customary law and the criminal justice system Customary law: the body of norms, practices, and beliefs that a local community or group of people accept as legal requirements or rules of conduct In customary law, Elders are involved in sentencing an offender and may even carry out the punishment
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Language barriers
`Not all speak English as their first language ● May speak an Aboriginal language or Aboriginal English ● Aboriginal English uses words differently and the accent is different ● This means an interpreter will likely be required for the criminal justice system
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young people
Describes those less than 25 years old Suspected or accused ● Victim ● Witnesses ● Particularly in cases involving family or domestic violence and abuse
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Difficulties faced young people
Some have a one-off incident, others become adult offenders ● The younger the child was when first sentenced, the more likely they are to reoffend ● Young people can also be victims and witnesses of crime
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punishment
designed to penalise offender, show society and victim that criminal behaviour will not be tolerated
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Lack of understanding young people
Many young people struggle to access the justice system because they are not able to understand the system and therefore properly engage with it ● The language and processes used are catered for adults ● Use of complex vocabulary and questions
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deterrence
designed to discourage offender and others in community from committing similar offences
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Culturally and linguistically diverse people
Culturally and linguistically diverse people (CALD) ● Refers to those from non-English speaking countries
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denunciation
designed to demonstrate the community's disapproval of the offenders actions sentence that is harsh enough to show disapproval
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Disabled people
prevent people with certain characteristics, including disabilities, from being discriminated against
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protection
designed to safeguard community from an offender by preventing them from committing a further offence
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rehabilitation
designed to reform an offender in order to prevent them from refunding offences in the future
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types of sanctions
custodial : offender removed from society non -custodial - serves the sentence within community
39
Define disability as:
● Total or partial loss of a bodily function ● A total or partial loss of a part of the body
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sanctions
imposed restrictions on individuals, based off actions committed by offender
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Imprisonment
sanction that involves removing the offender from society for a stated period of time and placing them in prison ● The most serious sanction that can be imposed
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Conditions of Imprisonment Parole
Parole is an early release from prison ● Where an offender has been imprisoned for a term of 2 or more years, the court must fix a non-parole period
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fines
momentary penalty that is paid by offender to state of Victoria conditions : court can order its paid instalments purpose : punish offenders
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Purposes of imprisonment
Punishment is a major purpose -> freedom taken away ● Protection is a major purpose as the offender is removed from society
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Sentencing factors Appropriateness
● When sentencing an offender, the court must ensure the sentence that is given is appropriate to the crime commit
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Aggravating factors
acts or circumstances about an offender or an offence that can lead to a more severe sentence
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CCO
Communist correction orders flexible, non custodial sentence served in community imposed: punishable by more than 5 penalty units purposes : act to punish conditions, burden or annoyance
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Mitigating factors
facts or circumstances about the offender or the offence that can lead to a less severe sentence
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Alternative sentencing approaches
The Drug Court ● The Koori Court ● Diversion programs
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Diversion programs
available in magistrates and children's court for summary offences, intended for first time offenders eligibility : accessed must acknowledge to the magistrate court responsibility for offences process : Onus (responsiblity) is on the offender to ask for a diversion
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diversion plan may involve
written letter of apology to victim donate or do some other service such as community work
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the drug court Process
● Involves determining the offender’s location, prior and current offences, whether drug/alcohol abuse is a significant factor and whether the accused is willing to participate
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DATO
An order that aims to rehabilitate the offender by providing a judicially supervised, therapeutically oriented drug and alcohol treatment program
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Effectiveness of the drug court
Benefits both participants and the community
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The Koori Court
Is a sentencing court available to a first nations accused person ● Aims to provide an informal atmosphere for sentencing and to allow representation from the First Nations community in the sentencing process
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Eligibility The Koori Court
The accused must be an Indigenous person ● The offence must be within the jurisdiction of the relevant court ● The offence must not be a sexual offence ● The accused must intend to plead guilty or has pleaded guilty
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Effectiveness The Koori Court
The experiences of the offenders were improved ● There was a need to have greater participation of service providers such as those who provide drug and alcohol services
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Social cohesion
the willingness of members of society to cooperate with each other in order to survive and prosper
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Role of laws
– Provide guidelines on what behaviour is acceptable and not acceptable – With no laws there would be no boundaries
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Role of individuals
– Ensure that they are aware of the laws and abide by them – Before acting, people must ensure that they are informed and know the relevant laws
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Role of the legal system
– Applying the law and enforcing it are two of the roles of the legal system
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Characteristics of an effective law Laws must be enforceable
– It must be possible to catch, punish or sue people who break the law
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Characteristics of an effective law Laws must be known
– The public must know about the law for it to be effective – You can’t follow a law if you don’t know it
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Characteristics of an effective law Laws must be clear
– Laws must be written in a way that people can understand, and the intent of the law must be clear
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Characteristics of an effective law Laws must be stable
– Laws can’t chop and change constantly – This may lead to uncertainty and confusion and people may not follow the law
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Statue law
– Law made by parliament is referred to as statue law
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Subordinate authorities
– Subordinate authorities refer to bodies with delegated power E.g. councils make law about pet ownership and rubbish removal
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Victorian court hierarchy
– The higher courts hear more serious and complicated cases – The lower courts hear less serious and complicated cases
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Reasons for the court hierarchy Specialisation and expertise
– Different courts specialise in different types of cases and develop expertise in these – E.g. Magistrate’s court specialises in minor offences, such as drink driving
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Reasons for the court hierarchy Appeals
– An application to a higher court to review the ruling of a lower court
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Reasons for the court hierarchy Administrative convenience
– Allows for efficiency and convenience in the way cases are heard
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Reasons for the court hierarchy Doctrine of precedent
– Means that courts follow previous decisions when deciding similar cases, ensuring consistency and predictability in law
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Statutory interpretation
– A statute is often written in general terms to apply to all types of situations
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Binding precedent
– One that must be followed by a lower court in the same court hierarchy
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Persuasive precedent
– Precedent of a lower court or equal within the same hierarchy or one in a different hierarchy that may be considered and influence the judgement
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Presumption of innocence
 The right of a person accused of a crime to be presumed not guilty until proven otherwise
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How is it protected? The burden of proof is on the prosecution
 The prosecution must present evidence to the court to prove the guilt of the accused, rather than the accused being required to prove their innocence
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Age of criminal responsibility
A person under 10  can’t be charged with a crime
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Age of criminal responsibility
A person between 10-13  can be charged with a crime if the prosecution proves the child knew their actions were wrong at the time of the crime
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Burden of proof
 The responsibility to prove the facts of a case  Generally, held by the person who initiates the case or brings the case to court
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Standard of proof
 The strength of evidence needed to prove a legal case  In criminal law it’s beyond reasonable doubt
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Summary offences
 Minor offences generally heard in the Magistrates’ Court  Less serious in nature
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Indictable offences
 Serious criminal offences heard by a judge (and a jury if the accused pleads not guilty) in either the County or Supreme Court
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Two main participants in crime
 Principal offender  The accessory
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Principal offender
 A person who carries out the actus reus (the guilty act) and has therefore directly committed the crime  Any person who is involved in a crime is also considered a principal offender  Includes anyone who intentionally assists, encourages or directs another person to commit the crime
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Accessory
 A person who does an act to help another person who has committed a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished  To be an accessory, a person must believe or know that the offender has committed a serious indictable offence (one that is punishable by five years or more in prison)
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Culpable driving causing death
the act of causing death of another person while driving a motor vehicle in a negligent or reckless manner or while under the influence of drugs or alcohol
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