Exam Flashcards
Mitigating factors
Circumstances that can decrease the seriousness of the offence or the offender’s culpability
Aggravating factors
Circumstances that can increase the seriousness of the offence or the offenders culpability
Roles of the jury
-Decide the outcome of a trial
-Listen to all the evidence presented in the case
-Listen to any directions given by the judge
Magistrates court appellate jurisdiction
No appellate jurisdiction
County court appellate jurisdiction
Can hear appeals relating to
-The accused sentence
-The accused conviction from the magistrates court
Supreme Court appellate jurisdiction
Can hear appeals on points of law from the magistrates court
Supreme Court of appeals appellate jurisdiction
Can hear appeals from
-The county court
-The Supreme Court (trial division)
High court appellate jurisdiction
Can hear appeals from the Supreme Court of appeal when granted special permission
Discuss question
I agree to a …. extent that the jury achieves the principles of justice
Strength/weakness 3x
Fairness
All people can participate in the justice system and it’s processes are impartial and open
Equality
All people engaging in the justice system should be treated the same way. If it causes disparity or disadvantage then measures should be put in to avoid this.
Access
All people should be able to engage in the justice system and its processes on an informed basis
Strengths of the jury system
-Jurors are independent and impartial of the legal system
-Allows the community to be involved in the legal system
-Deliberates based on facts and not independent knowledge and research
-Spreads the responsibility of making a decision
-Reflects community values
Weaknesses of the jury system
-Do not give reasons for their decisions
-Task is difficult
-May be unduly influenced by skilled lawyers or emotions
-May have biases, even unaware ones
-Jury trial may result in delays because legal terms have to be explained and directions given
Police powers
-Have the right to ask your name and address and reason for being at a police station
-Have the right to arrest and detain someone if they have suspicion that they committed an offence
-Have the right to search you property if you agree, if they have a warrant, they have arrested you, or you are in a designated area
Victim impact statement
A statement made by the victim that contains the particulars of any injury, loss or damage suffered by the victim as a result of the offence. It’s purpose is to help the court when deciding the sentence.
Purpose of sanctions
Punishment
Deterrence
Rehabilitation
Denunciation
Community protection
Deterrence
Discourage the offender or other people from committing the same or similar offences
Rehabilitation
To create conditions that help the offender lead a law abiding life in the future
Punishment
To punish the offender in a way that is fair in all the circumstances
Denunciation
To denounce, condemn, or disapprove the offender’s behaviour by court, make it clear to the community that the behaviour is wrong
Community protection
To protect the community from the offender
Fines
A monetary penalty that is paid by the offender to the state of Victoria
CCOs
Sanctions where the offender can remain in the community while serving their sanction
