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year 12 legal studies > criminal law 2a (1st term) > Flashcards

criminal law 2a (1st term) Flashcards

1
Q

lesson one

define court hierarchy

A
  • the court hierarchy is a ranking of the courts based upon the severity & complexity of the cases in which they can adjudicate.
  • each court has its own jurisdiction which can be considered an original jurisdiction or appellate
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2
Q

lesson one

define jurisdiction

A
  • the legal authority of a court to decide legal cases
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3
Q

lesson one

define original jurisdiction

A
  • the power of a court to hear a case for the 1st time
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4
Q

lesson one

define appellate jurisdiction

A
  • the power of a court to hear a case on appeal
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5
Q

lesson one

what are the 2 reasons for court hierarchy?

A
  • specialisation
  • appeals
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6
Q

lesson one

define specialisation

A
  • the lvl of expertise gained by the j / m which is dev. from hearing the same matters repeatedly. this allows j / m to resolve disputes in a more consistent, efficient & fair manner
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7
Q

lesson one

how does specialisation lead to increased efficiency?

A
  • b/c judges are likely to have to refer to past precedents through research, helping to est a great knoweldge of law and sim case matters
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8
Q

lesson one

what is an example answer of linking the reason of specialisation to the existence of a hierarchy?

A
  • a hierarchy allows for spec. b/c the ranking of courts ensures that there are clear jurisdictional boundaries for where crim. matters can be heard which reinforces judges’ ability to dev. their expertise.
  • if there was X hierarchy, judges would be exposed to all varieties of cases, lim their opp to dev expertise
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9
Q

lesson one

what is the structure for answering reasons for court hierarchy questions?

A
  1. explain the reason e.g. spec.
  2. use an example of a court to reinforce your response
  3. link back to how a court hierarchy promotes this
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10
Q

lesson one

what is an example of specialisation?

A
  • w/n CC:
  • hears IO - gen X involving a homocide
  • j have dev spec in those matters incl elements of each crime that needs to be proven
  • j dev exp in jury matters
  • j can hear appeals from MG on leniency & severity of sentencing –> consistency
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11
Q

lesson one

define appeals

A
  • the application / process to have a higher court review a ruling / decision / judgement at trial
  • X re-trial w/ jury
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12
Q

lesson one

why are appeals needed?

A
  • appeals allow for a party (appellant) who is dissatisfied w/ a judgment at trial to take a matter to a higher court for review. the system allows for fairness so that any mistakes made at trial can be corrected
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13
Q

lesson one

what are the grounds for appeals?

A
  • question of law
  • appealing a conviction
  • appealing a sentence
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14
Q

lesson one

what does question of law mean?

A
  • the appellant can argue that th law has X been followed
  • e.g. allowing inadmissible evidence or the incorrect application of a statue
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15
Q

lesson one

what does appealing a conviction mean?

A
  • the offender can argue that the burden / standard from the pros. has X been met
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16
Q

lesson one

what does appealing a sentence mean?

A
  • the pros. can appeal a sent. on grounds of leniency & the off can appeal a sent arguing it is too severe / excessive
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17
Q

lesson two

who are considered the key personnel w/n the courtroom?

A
  • the judge (mag)
  • the jury
  • the parties
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18
Q

lesson two

what is the purpose of the judge?

A
  • the purpose of a judge in trial is to act as a referee/ they oversee the case to ensure that court procedures are carried out in accordance w/ the rules to ensure that parties are treated fairly
  • judges must = imp, X favour any sie & have X connection to the pros or acc
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19
Q

lesson two

what does it mean for a judge to be impartial?

A
  • must be unbiased
  • X favour one side or be vested in the outcome of the case
  • should X have apprehended bias = create a situation where a reasonable person may believe that the judge hearing the case may X bring an impartial mind
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20
Q

lesson two

how do judges act impartial?

A
  • managing the trial
  • decide on the outcome of the case
  • sentencing the offender
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21
Q

lesson two

how do judges manage the trial?

A
  • ensuring that court procedures are followed; both parties have the same opp to present their case
  • asking clarifying questions of wit, calling new wit
  • adjourning - taking breaks in the rial to ensure that there is X disparity e.g. if a witness was hsowing signs of distress & cont. to testify may lead to inacc information
  • det admissibility of evidence = evid must be relevant to issue / hearsay evid X admissible
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22
Q

lesson two

how do judges decide on the outcome of the case?

A
  • giving direct. to jury to ensure a fair trial - informing the jury that acc is X req to give evid –> reinforcing that jury needs to apply the elements of the law
  • expl. leg def to the jury
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23
Q

lesson two

how does the judge complete the sentencing of the offender?

A
  • if acc found g. by jury / pleads g –> parties will make submis. for sentencing
  • judge must follow the Sentencing Act 1991 (vic) & comply w/ leg.
  • judge must factor in agg / miti / VIS should there be one to ensure procedural fairness in sentencing
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24
Q

lesson two

what is the purpose of the jury?

A
  • the purpose of the jury in an indict trial is to det. the g of the acc through being a ‘decider of the facts’
  • must be imp & base their decision on the evidence presented whilst applying the law in an indep manner
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25
Q

lesson two

what are the roles of the jury?

A
  • be objective
  • listen & remember evidence
  • understand directions & summing up
  • deliver a verdict
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26
Q

lesson two

what does it mean for the jury to be objective?

A
  • unbiased & put aside any prej.
  • have X connection w/ any of the parties (acc / wit / pros. / judge)
  • dec. the g of the acc based upon evid. & facts rather than personal bias
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27
Q

lesson two

what does it mean for the jury to listen & remember evidence?

A
  • jury mem = take notes to rem. infor. presented at trial
  • conc. on infor. presente to them during trial
  • mem = X conduct res / own invest. or make any additional enquires –> discharged or fin. penalties
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28
Q

lesson two

what does it mean for juries to understand directions & summing up?

A
  • listen to judge for direct. & explan. on point of law
  • req. an explan of leg ele / term that = unclear
    e.g. in sexual offence cases being aware of the def of consent
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29
Q

lesson two

what does it mean for the jury to deliver a verdict?

A
  • part w/ other jurors during delib & form an opinion about which party they believe
  • make dec on the facts of the case
  • reach a unani verdict for murder, treason or drug off
  • maj verdict = accep for other indict off
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30
Q

lesson two

who is the prosecution?

A
  • the legal personnels brining the crim matter to court (incl barr & sol)
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31
Q

lesson two

who is the accused?

A
  • person who has been charged w/ a crim matter
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32
Q

lesson two

who are the two parties in a criminal case?

A
  • pros.
  • acc.
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33
Q

lesson two

what is the purpose of the parties?

A
  • the purpose of the parties in a criminal case is to exercise ‘party control’
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34
Q

lesson two

define party control

A
  • dec what & how they will present their case to the jury / judge to prove their case
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35
Q

lesson two

what is the party control for the pros?

A
  • presenting their case in a way that meets the burdern & standard of proof
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36
Q

lesson two

what is the party control for the accused?

A
  • remaining silent, cross-exam of wit, dec what evid to present to case doubt in the pros case &/or def their innocence
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37
Q

lesson two

what is the role of the prosecution?

A
  • to rep the state (vic) & bring the acc. to court to answe for their crime & seek justice for the victim/s
  • to do so they are resp for org & pres their case to the judge / jury w/ specific roles
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38
Q

lesson two

what are the specific role to which the prosecution must present their case?

A
  • discolse info to the acc.
  • part in the trial
  • sub reg sent
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39
Q

lesson two

what does it mean for the prosecution to disclose info to the acc

A
  • informing the acc of the evid that will be presented in court
  • names & statments of wit
  • prior conict of wit for cross-exam
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40
Q

lesson two

what does it mean for the prosecution to participate in the trial?

A
  • presenting an opening address to the court which outlines the charges, issues & evid that will be presented / closinf address
  • pres. evid that supports their case incl examination in chief
  • cross-exam - questioning wit called by acc
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41
Q

lesson two

what does examination in chief mean?

A
  • questioning their own wit. = Lay wit (who saw it happen) & exp wit (prov info based on their prof spec)
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42
Q

lesson two

what does it mean for the prosecution to make submissions regarding sentencing?

A
  • inform the court about any relevant matters about the offence or the offender relevant to sentencing
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43
Q

lesson two

what is the role of the accused?

A
  • to present theie ‘side’ of the case w/ support from their leg rep.
  • pres evid that contradicts or casts doubt over the pros. case
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44
Q

lesson two

how doe the accused cast doubt on the prosecutions case?

A
  • participate in the trial
  • make submissions regarding sentencing
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45
Q

lesson two

what does it mean for the accused to participate in the trial?

A
  • remain silent & do nothing if they wish
  • present a def
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46
Q

lesson two

how does the accused present a defence?

A
  • pres an opening address - summ all the evid that they will outline during trial
  • pres evid to supp their case -calling wit
  • pres evid to supp their statements
  • cross exam wit called by the pros
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47
Q

lesson two

what does it mean for the accused to make submissions regarding sentencing?

A
  • once found g, offender entit to make sub about sent
  • they make pres relevant inform to judge which is aimed at receiving a lighter sentence
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48
Q

lesson three (19)

who are legal pracitioners?

A
  • indiv = leg trained to pres. their cases, other than judges.
  • lawyers that hold a prac. certificate & can either on behalf of their client (acc) ot, to rep the state
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49
Q

lesson three (19)

what are the types of legal practitioners?

A
  • barristers
  • solicitors
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50
Q

lesson three (19)

who are barristers?

A
  • lawyers that are spec. trained to pres the case at trial
  • stand up & address the j & j
  • present evid
  • outline facts of the case
  • exam wit
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51
Q

lesson three (19)

who are solicitors?

A
  • lawyers that are involv in prep the case
  • –> locate documents, liase w/ police, obtain copies of evid, prep wit for trial, prov. barr w. instruct for trial
  • lawyer = indivi see for advice = ‘desk based’ rather than courtroom
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52
Q

lesson three (19)

overall why are legal practitioners needed?

A
  • needed for the acc to uphold the princ of just: f / e / a w/n the crim just system
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53
Q

lesson three (19)

what are legal practitioners specifically needed for?

A
  • draft docs & letters to clients
  • res the law & pres evid
  • opening & closing addresses
  • making evid sub
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54
Q

lesson three (19)

what does it mean for legal practitionerst to be needed for drafting documentations & letters for clients?

A
  • freq comm w/ clients –> gather nec info
  • prov leg advice
  • ensure all rel doc = org
  • sol = maintain client files by ensuring imp details & records = sec man & readily acc for dur of leg proceedings
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55
Q

lesson three (19)

what does it mean for legal practitioners to research the law & present evidence?

A
  • gather rel info
  • conduct int w/ wit
  • rev doc
  • scrut prev leg decisions (finding prec to conduct their case)
56
Q

lesson three (19)

what will be included when a barrister outlines their parties case?

A
  • summ of evi they will / have pres
  • facts want court to accept as true based on evid
  • ## pros barr = summ leg arguments about why acc = guilty BRD
57
Q

lesson three (19)

what does it mean for the legal practitioners to complete opening & closing addresses?

A
  • the barrister will outline thier party’s case at the beginning & end of the trial
58
Q

lesson three (19)

what does it mean for legal practitioners to make evidence submissions?

A
  • pros & acc person’s barr = make sub to judge as to whether certain evid should / should X be put before the jury
  • –> evid that might prej the jury (e.g. prior convic)
59
Q

lesson three (19)

what is the accuseds choice regarding self-representation?

A
  • acc = choose to self-rep = summ & ind off
  • if acc X aff lawyer & X access VLA or rec assist req through CLC’s –> may need to self-rep
  • acc X forced to have leg rep for their case
  • acc can dismiss their leg rep & choose to self-rep during trial (X precursor for an appeal)
60
Q

lesson three (19)

what does the criminal procedures act 2009 (vic) give courts?

A
  • gives the courts ability to adjourn a trial for ind. off. until leg rep via VLA = prov
61
Q

lesson three (19)

wht must the court be satisfied of to adjourn a case due to legal representation?

A
  • court must be sat. that ac person = X receive fair trial w/o leg rep
  • the BOP is on the acc to est they X afford to pay the full cost of obt leg rep
62
Q

lesson four (20)

what are the 3 factors within the criminal justice system that can influence whether the principles of justice are achieved?

A
  • cost
  • time
  • cultural differences
63
Q

lesson four (20)

where do costs arise from?

A
  • obtaining legal advice - sol fees
  • rep a client in court - barr fees to pres argu & evid in court
  • wit fees - payments to exp wit to chall wit stat.
  • delays - court backlogs –> incr fees as trial may last longer
  • cost to appeal - fees to file an appeal & hiring pot. more exp. leg rep to present arg for an appeal
64
Q

lesson four (20)

how can an accused recover costs?

A
  • they are acquitted of the crime - found X guilty
  • succ appeal against a conviction
65
Q

lesson four (20)

how are costs addressed?

A
  • access to VLA & CLCs
  • committal proceedings
  • plea neg.
66
Q

lesson four (20)

how does access to VLA & CLCs address costs?

A
  • ongoing funding into VLA &CLCs ensure more loc & res provided for indiv to access
  • strict inc, m & m crit ensure most vul indiv recieve access
  • add res (online websites) created to cater for self-rep indiv
  • justice conn est fewer than 1/2 indiv that require leg hel will gain access
67
Q

lesson four (20)

how do committal proceedings address costs?

A
  • use of comm for i.o. –> filtering out of weaker cases
  • prom early guilty plea which will resolve matter faster
  • decr in leg costs for acc
68
Q

lesson four (20)

how do plea negotiations address costs?

A
  • allow opp for acc to discuss w/ pros a plea to less / few charges
  • prom early res of crim case
  • dec in costs for acc
69
Q

lesson four (20)

what are time factors in the legal system?

A
  • concerned w/ how long crim matter is resolved & the extent of delays
70
Q

lesson four (20)

what are examples of delays within the legal system?

A
  • court backlogs - caseload of vic courts cont grows
  • trial procedures - the Q-A process for evid during trial can take sig time to be presented
  • the collection of evidence to put together a convincing case
  • judges giving directions to juries under Juries Direction Act 2015
  • mistrials –> result in re-trials being conducted
  • appeal judgements & sentences can be delivered
71
Q

lesson four (20)

what is the impact of delays upon victims?

A
  • the longer the case is delayes –> longer the suff of the victims & their fam
  • in this period of limbo = X closure & X certainty the justice = served
72
Q

lesson four (20)

what is the impact of the delays upon witnesses?

A
  • giving evid in crim trial = extremly stressful for wit & as such delays when awaiting this process = add to wit stress
  • b/c crim trials often rely on oral evidence then incr delays –> memories of wit may fade over time –> lim accuracy & rel of their statements b/c forget clarity of occ
73
Q

lesson four (20)

what is the impact of delays upon the accused?

A
  • awaiting a trial w/ an outcome unresolves = stressful for acc & their fam
  • accused may be held in remand during this time lim their freedom / ability to work & supp their fam
74
Q

lesson four (20)

what is the impact of delays upon the community?

A
  • remains at risk if those charged w/ vio offences remain in comm prior to trial such as being out on bail
  • more time takes to resolve a crim matt –> comm may lose faith in leg system ability to protect & keep them safe
75
Q

lesson four (20)

how is time (delays) addressed?

A
  • plea negotations
  • judge alone trials
  • use of tech
76
Q

lesson four (20)

how do plea negotiations address delays?

A
  • allow the acc to plead guilty
  • –> X trial occurs & acc can await sent
  • allows more eff reso of disputes
77
Q

lesson four (20)

what are judge alone trials?

A
  • intro in C-19
  • temp leg allowed indict matters to be heard by judge alone provided acc consented, acc obtained leg ad. & court consid it in int. of justice
78
Q

lesson four (20)

how does the use of technology address delays

A
  • dig tech –> acc attend hearings remotely
  • acc reamin in remand & att via vid link
  • online Mag court program enables cases to be heard online w/ parties appearing from remote loc
79
Q

lesson four (20)

what are cultural factors?

A
  • the challenges that arise for indivi w/n crim just sys arising from their race or ethnicity
80
Q

lesson four (20)

why may challenges arise because of cultural factors?

A
  • each party is resp for pres & org their own case
  • jusge must be imp & X assist
  • jury = decider of facts & guilt
  • process leading up to trial is complicated
  • all procedures = conduct in eng unless interp used
81
Q

lesson four (20)

who are some groups impacted by cultrual factors?

A
  • recent migrants
  • asylum seekers
  • refugees
  • First Nation ppl
  • older non-eng speaking / fluent ppl
82
Q

lesson four (20)

how are refugees and recent migrants impacted by cultural factors?

A
  • eng X 1st lang
  • crim just sys = complx w/ leg jargon
    —> t/f indiv w/ lim compreh of eng = may fail undeertand rights / court doc / court proc / Qs asked during trial
    rec ref = may have mistrust of poluce & crim just sys dep on past experiences of corruption in home countries or exper w/ detention in Aust
83
Q

lesson four (20)

how are First Nation people impacted by cultural factors?

A
  • giving oral evid = main method used to outline info to court –> inapp for FN wit X used to this method b/c in FN cult, group agreement & long discu = way to resolve disag. & trad land –> strug w/ compreh
  • t/f appear dishonest & evasive in court when avoiding yes/no response –> if jury X understand nuiances –> Q trust
84
Q

lesson four (20)

what are examples of cultural taboos

A
  • FN cultures = considered taboo to speak of certain things = names of dec ppl or mention gener-based knowledge in front of other gender
  • in other cult retelling of sex / dom abuse = consid shame on fam & highly discouraged b/c seen as dividing fam
85
Q

lesson four (20)

how are cultural differences addressed?

A
  • the use of the Koori Court
  • interpreters
  • the evidence Act 2008
86
Q

lesson four (20)

what is the aim of the koori court?

A
  • aims to provide more FN off w/ access to cult-relevant sent that more effectively acts to reduce reoff
87
Q

lesson four (20)

what is the koori court?

A
  • crim div of MC & CC
  • sentencing court X trail
  • accused must plead guilty
  • sentencing proc = informal / inv opp for indiv to tell their story to elders & recieve supp of their fam
  • restirctions = X hear matters = sexual offences, fam vio or breach of int order
88
Q

lesson four (20)

how do interpreters address cultural differences

A
  • avail for all acc persons
  • onus to pay & arr for an int = on courts as opposed to the acc
  • –> allows non-eng speakers to understand court proceedings better without having to pay sig expenses
89
Q

lesson four (20)

how does the evidence act 2008 (vic) address cultural differences?

A
  • est the circum where evidence X be admitted to courts due to the acc or vic accounts being unrel as a result of lang barriers
    –> leg info prov through VLA & CLCs = diff lang to assist ppl in understanding their rights & leg processes
90
Q

lesson five (21)

what is the legislation that addresses sanctions and their purposes?

A
  • the Sentencing Act 1991 (Vic)
91
Q

lesson five (21)

what does the sentencing act 1991 (vic) establish?

A
  • est the sentencing authority of courts to impose sanctions & outlines the five purposes in which judges consider when handing down a sentence
92
Q

lesson five (21)

what are the five purposes jusges should consider when handing down a sentence?

A
  • to rehabilitate the offender
  • to punish the offender
  • to deter the offender & the comm from committing the crime
  • to denunciate the action on behalf of the community
  • to protect the community from the offender
93
Q

lesson five (21)

what does rehabilitation mean?

A
  • to support / restore
  • adopts the perspective that there is a reason / cause / ‘driver’ to the off actions whci hcan be ‘restored’ or addressed through the crim just sys
  • aims to provide a cure / framework of supp for the off & can be embedded w/n sanctions
94
Q

lesson five (21)

what are examples of causes to a criminal offence?

A
  • lack of work opp (lim $) –> desp or bored –> stealing / selling drugs ect.
  • drug & or alcohol addiction
  • mental illness that is X addressed –> X resources to access counselling
  • anger –> resentment
  • lim edu
95
Q

lesson five (21)

what are measures to address causes for criminal offences?

A
  • att edu classes whilst serving a prison sentence to incr skills
  • att counselling
  • att therapy
  • completion of workshops/classes
96
Q

lesson five (21)

what can successful rehabilitation lead to?

A
  • greatly red the rate of recidvism (reoffending/returning to crime)
97
Q

lesson five (21)

what is the purpose punishment?

A
  • to inflict pain / loss or an inconenvience to senure the off is penalized proportionally & held accoutable for thier actions.
  • it should take into consideration the impact of their crime on victims, their families, the nature of the offence & society
  • proportionally = match gravity / degree / severity / seriousness of the offence
98
Q

lesson five (21)

what are examples whereby rehabilitation may not be a priority as a purpose for a sanction?

A
  • offences where victim is placed in fear
  • repeated offending
  • age, the younger the incr pospect (less fixed in way)
99
Q

lesson five (21)

what does deterrence mean?

A
  • the act of discouraging an offender or other individuals from reoffending or committing sim crimes through crim sanctions
100
Q

lesson five (21)

what are the two types of deterrence?

A
  • specific deterrence
  • general deterrence
101
Q

lesson five (21)

what does specific deterrence target?

A
  • ragets the offender & attempts to discourage them from reoffending
102
Q

lesson five (21)

what does general detterence target?

A
  • targets the community - by seeing what sanctions the offender has recieved for their offence this will hopefully discourage others from committing the same action
103
Q

lesson five (21)

what does denunciation mean?

A
  • to publicaly condemn an offender’s behav / to show society’s disapproval
  • court denounces off actions –> highlights extent to which off = violated moral & eth standards of society
  • can occur during judeg’s statement at end of hearing / trial
104
Q

lesson five (21)

what does protection refer to?

A
  • to ensure off X pose a sig risk to welfare & safety of their victims & broader soc
105
Q

lesson five (21)

what are examples of sanction to protect the community?

A
  • imprisonment - whereby off = removed from comm & held in cust. until a non-p period is achieved
  • CCO - conditions of comm corr - prev off from visiting certain places, a curfew or bond payment that is forfeited upon the contravention of CCO
106
Q

lesson six (22)

what is the legislation that outlies the types of sanctions?

A
  • the sentencing act 1991 (vic)
  • –> outlines the types of sanctions that judges can impose after the accused has pleaded guilty or found guilty
107
Q

lesson six (22)

what is the purpose of the sentencing act 1991 (vic)?

A
  • promote consistency
  • provide dair & transparent procedures
  • prevent crime & promote respect for the law
108
Q

lesson six (22)

what is a fine?

A
  • a sanction that requires the offender to make a monetary payment as a penalty for a criminal offence
  • cal. based upon penalty unites / 1 pu = $192.31
109
Q

lesson six (22)

what factors are considered for the amount given within a fine?

A
  • purpose the court wishes to achieve (e.g. deter / punish)
  • agg & miti factors
  • offender ability to pay the fine
110
Q

lesson six (22)

where does the money from fines go?

A
  • to govt, to court funds to resource charities or leg resources
111
Q

lesson six (22)

what is a community corrections order (CCO)?

A
  • a non-cust order by the court that allows the offender to remain w/n the comm w/ certain conditions attached
112
Q

lesson six (22)

when can a CCO be imposed?

A
  • the offence = punishable by 5 pu or more e.g. posting bills / posters, disorderly conduct, wilful damage to prop
  • when judge believes a fine alone is X approp
  • off agreed to CCO
113
Q

lesson six (22)

what is the duration of a CCO?

A
  • single offence = max = 2 yrs
  • mult offences = up to 5 yrs
114
Q

lesson six (22)

what are the conditions of a CCO?

A
  • CCO include standard cond & add cond
  • breaching CCO cond = offence carrying max pen of 3 mths impris
115
Q

lesson six (22)

what are CCO standard conditions?

A
  • X reoffend during the duration of the CCO
  • X leave vic w/o perm
  • notify CCO sup if change of address
  • comply w/ dir given by CCO
116
Q

lesson six (22)

what are additional CCO conditions?

A
  • compl 600 hrs comm serv
  • abiding curfew
  • undertake med treatment of rehab prog for dr & alco addic
  • avoiding contact w/ part person incl an accomplice
  • staying away from part place / sub
  • ankle monit
  • X consume alco or attend lic venues = bars / nightclubs
117
Q

lesson six (22)

what is imprisonment?

A
  • a sanction that removes an off from comm & places them in priosn for a given period of time
  • prison term = min period of impris after which apply for parole
118
Q

lesson six (22)

what is parole?

A
  • the early release of a prisoner after their min term is served which is subject to superv & cert condi
119
Q

lesson six (22)

what are concurrent sentences?

A
  • a sentence of impris or detention that is served at the same time as another when the off is convicted of more than one crime
  • e.g. 3 yrs impris for all the offences that they were charged w/
120
Q

lesson six (22)

what are cumulative sentences?

A
  • a sent of impris or deten that is served one after the other
  • e.g. sentence for the 2nd offence begins after the completion of the last
121
Q

lesson six (22)

what are the conditions of imprisonment?

A
  • loss of personal freedom
  • inability to see fam & friends other than through visitation
  • loss of inc & job pros
  • programs w/n prisons = aim to address causes for off (coun / dr & alco prog = combat addic)
  • pris = learn new skills = tafe quali whilst in cust
  • pris = work w/n prison = kitchen / laundry
  • h/w despite this vic recid rate = 43.3% off reoff w/n 2 yrs
122
Q

lesson seven (23)

what are aggravating factors?

A
  • facts, circum about the offender or, the offence that tends to incr. the off culp & likely sent they will receive
  • gen reflection of off ‘evil’ / ‘heinous’ nature or degree of harm resulting from the offence
123
Q

lesson seven (23)

what are examples of aggravating factors?

A
  • whether crime = planned / premed
  • hate crimes = resulting from prej towards part group based on eth / rel
  • degree of brut & cru / off = unprov / inv dom vio
  • vict = part vul person = child / elderly / w/ disab
  • off = prior convic
  • off took place whilst off = bail / serving CCO
  • crime comm in front of child
124
Q

lesson seven (23)

what are mitigating factors?

A
  • circumstances that court should consider when determining the approp sentence
  • circumstances relevant to off, victim or crime itself
  • may decr off culp & lead to red in sent
125
Q

lesson seven (23)

what are examples of mitigating factors?

A
  • gen remorse
  • crime = result of prov
  • age of off –> younger = less mature & more cap of rehab
  • traumatic pers history (e.g. growing up surr by fam viol / dr addic & alcoho)
  • lim / X prior convic
  • coop w/ police
  • off pleaded g early
  • inj / harm = X subst / X risk to any ppl
126
Q

lesson seven (23)

what is a guilty plea?

A
  • occurs when a person admits they have committed an offence for which they have been charged
  • an acc who is charged w/ mult offences may choose to plead to some / all charges
  • g p during pre trial (comm) –> X trial
  • gp during trial & acc –> sent & trail = adj
127
Q

lesson seven (23)

what is a sentencing discount?

A
  • a red in off sent that they receive for pl g
  • some circ = court must state sent imposed & what sentence would have beem if acc X pl g = transp
128
Q

lesson seven (23)

what are the benefits of a guilt plea for the prosecution?

A
  • X have to prove guilt of acc
129
Q

lesson seven (23)

what are the benefits of a guilt plea for society?

A
  • saves $ & time incolved in conducting a trial
130
Q

lesson seven (23)

what are the benefits of a guilt plea for the victims?

A
  • avoids the stress & trauma involved in going to trial
131
Q

lesson seven (23)

what are the benefits of a guilt plea for he accused?

A
  • avoids stress, time & $ inv in crim trial
132
Q

lesson seven (23)

what are the benefits of a guilt plea for the courts?

A
  • workloads = red
    —> min delays in other crim matter that go to trial
133
Q

lesson seven (23)

what is a victim impact statement?

A
  • VIS = written or verbal statement made to a court about the effect of the offence on the victim
134
Q

lesson seven (23)

what may a VIS include?

A
  • physical impacts - degree of injury
  • emotional loss
  • fin loss
  • incorp photographs to demon extent of loss
135
Q

lesson seven (23)

who may a VIS be given by?

A
  • those diectly impacted by offence
    e.g. person hit during assault
  • those X directly impacted including vic fam memb
136
Q

lesson seven (23)

what is the purpose of a VIS?

A
  • to inform the court / sent judge of the severity of the off
  • if indicated the crim = sig impact on vict –> incr sev of sanction imposed
  • indic victim forgive off –> less severe sanction

year 12 legal studies (5 decks)

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