Flashcards in Criminal Investigation And Sanction Deck (37)
The procedure that enables accused people to be released from custody after being charged waiting their hearing or trail
When the police formally allege that a person has committed a crime
Define custodial sentence
A sentence where the offender is detained in custody (in prison)
Where a court shows disapproval
Define guideline judgment
Advice given by the court of appeal that directs what other courts should do when passing sentence in certain types of cases.
Define question of law
A dispute about the law that applies to a particular situation
A person who continue to commit crimes despite being punished for them
Restore to a life without crime; restore reputation
A suspect is refused bail and is held in custody until the trial
Define right to silence
a person can remain silent during police questioning, except in circumstances when they may be required to give their name and address; a person can also elect to not give evidence in court
A document telling the accused which court will deal with their criminal case and the mention date (date of first hearing). It is issued if it is believed that the accused will voluntarily attend court, does not pose a danger to the community or will not commit to further offences.
Person who guarantees the appearance of an accused person at their trail if they have been released on bail
What is the process of police investigations?
- suspect located
- questioned by police
What are the rights of individual during police questioning?
- informed by police of the charge
- informed by the police of their rights
- right to a communicate lawyers, family or friends before questioning
- to see any rotten statements
- remain silent: the right not to answer any questions during questioning or at the trail, however must supply name and address
What powers do police have?
- question suspect for a reasonable time
- use reasonable force to make an arrest
- question witnesses and victims
- arrest with or without a warrant
- take bloody samples with consent or a court order
- engage in entrapment: monitor a person until they do something wrong
What is the role of the police?
To serve the community and the law. The police preserve the peace, protect life and property. They prevent crime, detect and apprehend offenders and assist victims of crime or other people in times of emergency.
What powers does the court have that can override the police?
The court has the power to exclude any police evidence obtained unfairly or illegally
Police can arrest without warrant any person found committing a summary or indictable offence if police believe it is necessary to:
- ensure the appearance of the offender in court
- preserve public order
- Prevent the continuation or repetition f an offence or the commission of a further offence
- ensure the safety and welfare of the public or the offender
Police can use reasonable force when making an arrest. This will depend on the circumstances. In making an arrest the police will usually:
- tell the suspect that they are under arrest and depending on the circumstance touch the suspect to indicate that they are detained and must remain with the police
- give a reason for the arrest unless the suspect makes it possible to be given info
- caution the suspect that anything said may be use as evidence in court
- inform suspect of right to make contact with another individual
- take the suspect to the police station for questioning.
What is the aim of the criminal sanction, punish?
The law must punish offenders so that victims or their families can seek retribution without taking the law into their own hands. If individuals did take the law into their hands, crime would increase and society would deteriorate. Imprisonment and deprivation of freedom is the ultimate punishment.
What is the aim of the criminal sanction, protect?
In some instances it is necessary to protect the community from the offender. In such cases the offender needs to be removed from society to be physically prevented from re-offending.
What is the aim of the criminal sanction, denunciation?
Refers to the disapproval by the courts. A particular punishment may be given to show the community that the court disapproves of the offenders conduct.
What is the aim of the criminal sanction, deter?
The law aims to deter the offender and the others in society from committing the same or similar offences in the future.
What is the aim of the criminal sanction, rehabilitate?
It is in society's interest to try to help offenders change their ways, otherwise crime rates and prisoners will escalate. In providing offenders with improved opportunities in the form of education, training, assistance and support, the legal system hopes that offenders will grasp the chance of a better future and become law-abiding citizens.
What are some sanctions that can be imposed by the courts?
- concurrent and cumulative sentences
- indefinite sentences
- deferred sentences
Discuss imprisonment, which is a sanction that can be imposed by the courts :
Imprisonment is the most serious type of sanction and should be imposed as a last resort. For some serious offences it may be the only appropriate sanction. Victoria operates 14 prisons in metropolitan and country areas, including two privately owned prisons.
The parliament has set a statutory (required) maximum penalty for some offences.
What is the penalty scale contained in section 109 of the sentencing act 1991 (vic)?
It's a guideline for judges when sentencing an offender. The imprisonment penalty scale has nine levels.
Level 1: most severe punishment- represents life imprisonment
Level 9: least severe punishment- represents 6 months in prison
Maximum penalties reflect the seriousness of the offence and are a guideline for judges in sentencing. They are reserved for the worts samples of an offence, therefore it's rare for an offender to be given maximum penalty.
Discuss community correction order, which is a sanction that can be imposed by the courts :
It's a sentencing option which allows the offender to remain in the community. They will be able to maintain their employment and draw on the assistance of family or friends to take responsibility for their actions and avoid reoffending. A community correction order can be combined with either a fine or up to three months imprisonment. When combined with a term of imprisonment, the order will commence on the offenders release from jail.
What is the maximum period for an order?
For an order to be set in the magistrates court, it's two years.
The maximum period for an order set in the county court or Supreme Court is equal to the maximum term of imprisonment for the offence or two years, whichever is greater.
The order must commence within three months of being made.