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Legal Studies 3/4 > Criminal Law > Flashcards

Criminal Law Flashcards

(75 cards)

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1
Q

Fairness

A

processes and procedures that are in place to ensure that all are treated with impartiality, without fear or favour

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2
Q

Equality

A

the ability for all to be treated with the same status, rights and opportunities regardless of individual differences

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3
Q

Access

A

the ability for all to approach and use the criminal justice system and pursue their case in court

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4
Q

Summary offences

A

less serious, minor criminal offences, heard in the Magistrates’ Court in front of a single magistrate
-minor assault/traffic offences
Victorian Summary Offences Act 1966

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5
Q

Indictable offences

A

the most serious criminal offences, heard in the County Court or the Supreme Court
-manslaughter/murder/rape
Victorian Crimes Act 1958

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6
Q

Indictable offences heard summarily

A

when indictable offences are ‘less’ serious, they can be heard in the Magistrates’ court if the accused and prosecution agree to do so. This saves time and money

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7
Q

Burden of proof

A

the party with the onus or responsibility of proving the case in court/the guilt of the accused. In criminal trials, this rests with the prosecution

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8
Q

Standard of proof

A

the level to which the party with the burden of proof must prove the guilt of the accused. In criminal cases, the prosecution must prove the case beyond reasonable doubt

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9
Q

Presumption of innocence

A

the notion that the accused is presumed to be innocent before the eyes of the court until proven guilty or they plead guilty

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10
Q

Sources of rights of the accused

A

International Covenant on Civil and Political Rights 1966

Charter of Rights and Responsibilities Act 2006 (Vic)

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11
Q

Rights of the accused

A
  • The right to a fair hearing
  • The right to a trial by jury
  • The right to be tried without unreasonable delay
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12
Q

Sources of the rights of the victims

A

Victims Charter Act 2006 (Vic)

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13
Q

Rights of the victims

A
  • The right to be informed about proceedings
  • The right to give evidence as a vulnerable witness
  • The right to be informed of the likely release date of the accused
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14
Q

Who is a vulnerable witness?

A

(In Criminal Procedural Act) An individual considered to be at risk:

  • child
  • person with a cognitive impairment
  • alleged victim of family violence or sexual assault
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15
Q

Victorian Legal Aid (VLA)

A

a government agency that provides free legal advice to the community and low/no cost legal representation to the most vulnerable members of society.

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16
Q

Purpose of VLA

A
  • improve access to legal system by providing legal advice and affordable legal representation
  • educate the community about their rights in regards to the legal system, their powers, privileges and duties under the law
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17
Q

Services VLA offers

A
  • Duty lawyers (if meet the income test)
  • free legal advice and information
  • grants of legal assistance (to help pay for a lawyer)
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18
Q

Community Legal Centres (CLC’s)

A

operate alongside VLA- they are independent organisations that provide free advice, information and representation to those who cannot access other services. Another avenue for legal assistance

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19
Q

Role of CLC’s

A

Provide:

  • information, legal advice and minor assistance
  • duty lawyer assistance
  • legal casework
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20
Q

Generalist CLC’s

A

provide broad legal services to people in a particular geographic area
-Barwon Community Legal Service

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21
Q

Specialist CLC’s

A

focus on particular groups of people or on a specific area of law
-Youthlaw= free legal services to those under 25

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22
Q

Committal Proceedings

A

part of the pre-trial procedures that take place in the Magistrates’ Court when:

  • an accused pleads not guilty
  • an individual has been charged with one or more indictable offences
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23
Q

Purposes of Committals

A
  • Determine if a prima facie case exists (the strength of the prosecutions case and if it will gain a conviction at trial)
  • Determine how the accused will plead
  • Ensuring a fair trial
  • Determining the direction of the case
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24
Q

Plea Negotiations

A

discussions between the prosector and the accused about the charges against the accused, particularly what the accused will plead guilty to

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25
Outcomes of plea negotiations
- accused will plead to fewer charges | - accused will plead guilty to lesser charges
26
Purpose of plea negotiations
- gain a guilty plea (early plea and one that reflects the crime) - prompt resolution without the need for a full trial
27
Appropriateness of plea negotiations
- willingness of the accused to cooperate and plead - strength of the prosecution's case and likelihood of success - witnesses willingness to give evidence - time and expense of proceeding to trial
28
Strengths of plea negotiations
- save time, money and resources - prompt determination - save trauma of a trial for victims - accused may receive a reduced sentence - certainty of an outcome
29
Weaknesses of plea negotiations
- view that the offender is being 'let off' - self represented accused may be pressured into accepting offer - prosecution avoiding need to prove standard of proof - held privately, lack of transparency in the legal system
30
Sentence Indications
given by a court to the accused to let them know what sanction is likely to be imposed on them at a particular point in time Criminal Procedure Act
31
Sentence indications - Indictable offences
- only given if the accused applies and the prosecution consents - only whether jail term is likely or not - not an admission of guilt
32
Sentence indications - Summary offences
- at any time - whether imprisonment or any other sanction is likely - can not hand down any tougher sentence if accused pleads guilty at next possible chance
33
Purpose of sentence indications
- clarity about the sentence being imposed - save time, money and resources - early closure for the victims and families
34
Appropriateness of sentence indications
- whether accused has applied for one and if the prosecution consents - type of offence and the court hearing case - if there is sufficient information to make a decision - strength of the prosecution's evidence against accused
35
Strengths of sentence indications
- early determination/prompt justice - save money and resources - not bound to accept indication - confidence in induction as provided by independent and experienced judge
36
Weaknesses of sentence indications
- judge not obliged to grant request - prosecution must consent - indictable= only if imprisonment is likely - can be given before all evidence presented- disadvantage accused who may receive different sentence if all evidence is presented
37
Jurisdiction
power/lawful authority of a court to preside and hear a case
38
Original jurisdiction
power of a court to hear a case for the first time
39
Appellate jurisdiction
power of the court to hear a case on appeal
40
Reasons for a criminal court hierarchy
- Appeals | - Specialisation
41
Specialisation
expertise that courts have over a particular area which has been developed after hearing matters regularly
42
Appeals
seek second opinion from more superior court if they believe an error has been made at trial Allows errors in decisions to be corrected
43
Role of Judge
act as an independent and impartial adjudicator, ensuring that court processes and procedures are carried out properly
44
Responsibilities of Judge
- manage the trial - decide on admissibility of evidence - attend to jury matters - handing down a sentence - order VLA to provide legal representation
45
Role of Jury
act as an independent decider of facts, making a decision about which of the facts presented are true
46
Responsibilities of Jury
- be objective - listen and consider evidence - deliver verdict
47
Role of Parties
Prosecution: bringing criminal case before the court Accused: charged with criminal offence control the way case is run (party control), follow court rules etc
48
Responsibilities of Parties
Prosecution: present evidence/meet standard of proof/empanel jurors Accused: empanel jurors/present defence/remain silent
49
Role of Legal Practitioners
undertake preparation and conduct case | -Solicitors and Barristers
50
Responsibilities of Legal Practitioners
- preparing the case - comply with their duty to court - presenting their case
51
Sanctions
penalty imposed by a court on a person guilty of a criminal offence -Sentencing Act
52
Purposes of Sanctions
- Rehabilitation - Punishment - Protection - Deterrence - Denunciation
53
Rehabilitation
treat the offender/address underlying causes of offending and assist in changing attitudes to prevent reoffending and become valued member of community
54
Punishment (retribution)
gives revenge against the offender to the same level of the crime that has been committed, this shows the behaviour will not be tolerated
55
Protection
safeguard the community from the offender by removing them from the community so they cannot reoffend
56
Deterrence
discourage the offender and others in the community from committing similar offences - general (community) - specific (offender)
57
Denunciation
demonstrate disapproval of the offenders actions
58
Types of sanctions
- Fines - Community Corrections Orders (CCO's) - Imprisonment
59
Fines
monetary penalty to be paid by the offender | punishment/deterrence/denunciation
60
Community Corrections Orders (CCO's)
non custodial sentence where the offender can remain in the community while they serve their sentence (punishment/deterrence/rehabilitation)
61
Imprisonment
custodial sentence where the offenders liberty is taken away as they are removed from society (punishment/protection/deterrence/denunciation)
62
Factors considered in sentencing
- mitigating factors - aggravating factors - guilty pleas - victim impact statements
63
Mitigating factors
factors considered by a judge during sentencing that may lead to a lesser sentence being imposed -reduce culpability
64
Aggravating factors
factors considered during sentencing that may lead to a harsher sentence being imposed -increase culpability
65
Guilty plea
whether or not an offender pleaded guilty to their charges and how far into the case this occurred -accepting responsibility lowers charge?
66
Victim Impact Statement
statements made by the victim or family members of the victim that are presented in court to share the impact that the crime has had on them
67
Factors that prevent the criminal justice system from achieving the principles of justice
- cost (legal rep/court fees/legal aid) - time (delays) - cultural (language/complexity)
68
Recent reforms
change that has already occurred to improve the criminal justice system
69
Recent reform for Cost and Delays
Opening of Shepparton Law Courts in 2018 | -give communities more access to legal system and court facilities
70
Recent reform for Delays
Amendment of the Juries Act 2000 (Vic) in 2017 to remove mandatory 6 hour deliberation time before majority verdict is accepted
71
Recent reform for Cultural
Opening of the Koori Court in Dandenong in 2019 as a division of the Magistrates' Court -help Koori offenders and increase availability for them
72
Recommended reforms
changes to the criminal justice system that have not yet been implemented but have been suggested
73
Recommended reform for Cost
minimise costs for uses by increasing funding for VLA and CLC's -more vulnerable people can access assistance
74
Recommended reform for Time/delays
abolish the committal process | -time consuming and use up unnecessary resources
75
Recommended reform for Cultural
Further expansion of the Koori Court system so that further access is improved -more locations

Legal Studies 3/4 (4 decks)

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