Ch 2,3 - Definitions Flashcards
Laws
Legal rules by legal authorities enforceable by police and other agencies
Social Cohesion
Willingness of society members to cooperate with others to survive and prosper
Criminal Law
Area of law defining behaviour/conduct prohibited and outlines the sanctions for those that commit
Sanction
Penalty imposed by a court on a person guilty of a criminal offence
Guilty Plea
When offender formally admits guilt, considered by courts when sentencing
Criminal Justice System
Set of processes and institutions used to investigate and determine criminal cases
Rule of Law
Everyone in society is bound by law and must obey it. Laws should be fair and clear so people are willing and able to obey.
Accused
Offender
Person charged with crim offence
Person found guilty of crim offence by court
Sanction
Penalty imposed by court on person guilty of crim offence
Prosecution
Prosecutor
Party that institutes crim proceedings against accused on behalf of state
Rep of prosecution who is respons for conducting crim case amd appearing in court
Office of Public Prosecutions
Vic public prosec. office that prepares and conducts crim proceedings on behalf of the DPP
Director of Public Prosecutions
Independent officer responsible for commencing, preparing, and conducting prosecutions of indictable offences on behalf of Vic
Jury
Independent group of people chosen at random to determine questions of fact in a trial and reach a decision
Summary Offence
Indictable Offence
Minor offence heard in the Mag court
Serious offence heard in the County/Supreme
Indict Heard Summarily
Serious offence dealt with as a summary offence if court and accused agree
Committal Proceeding
Pre-trial hearings and processes held in Mag court for indictable - allows for Mag to determine whether sufficient evidence to support conviction for offence charged
Committal Hearing
Court hearing held as part of committal proceeding in Mag - allows for Mag to determine whether sufficient evidence to support conviction for offence charged
BoP
SoP
Obligation of a party to prove a case usually resting on party who initiates the action
Degree to which a case must be proven in court
Beyond Reasonable Doubt
SoP in criminal cases requiring prosecution to prove that there is no reasonable doubt that the accused commjtted the offence
Presumption of Innocence
Right of a person accused of a crime to be presumed not guilty unless proven otherwise
Remand
Bail
Situation where accused is kept in custody until their crim trial
Release of accused person from custody on condition that they will attend a court hearing to answer the charges
Victim
Person who has suffered direct/indirect as result of crime
Victims’ Charter
Statute?
Recognises the impact of crime on victims and provides guidelines for the provision of info to victims
“Victims’ Charter Act 2006 (VIC)”
Alternative Arrangements
Measures that can be put in place for witnesses in certain criminal cases to give evidence in a different way