Legal AOS 1 Flashcards
(25 cards)
Describe the role of Victoria Legal Aid
Include:
-Role
-Types of assistances
-Refer to principle of criminal justice
Strengths and Weakness of Victoria Legal Aid
Strengths of VLA:
VLA offers free legal information to all people
Legal information is provided in over 30 languages for most groups of people
VLA offers free legal assistance and advice to those who are eligible, including the use of a duty lawyer for summary offences.
Weaknesses of VLA:
VLA is limited in funding so they cannot help all victims
VLA is mainly used for criminal cases making it not a reliable source in civil cases
VLA only offers duty lawyers for summary offences
VLA cannot assist everyone because of income and means tests.
Describe the role of Community Legal Centres
Include:
-Role
-Explain the difference between general and specialist
Explain the purpose of Plea Negotiations
A plea negotiation is a legal process where the accused and the prosecution reach an agreement before a trial. In this process, the accused agrees to plead guilty to less charges in exchange for avoiding a full trial. Plea negotiations aim to resolve cases more quickly and efficiently, benefiting both the legal system and the involved parties.
- Refer to principle of criminal justice
Strength and Weaknesses of Plea Negotiations
Benefits
-Reduces uncertainty by securing a known outcome rather than risking an unpredictable trial result.
-Saves costs of the accused without needing a lawyer or trial costs
-Saves time and resources by avoiding a full trial.
-Reduces the number of charges
-Allows victims to avoid the emotional strain of a trial.
-Cooperation is a mitigation factor, considered by the judge for sentencing
-Victim is guaranteed offender is punished
Explain reasons why plea negotiations would be appropriate
→ whether the accused is willing to cooperate in the investigation or prosecution of co-offenders, or offenders of other crimes
→ whether the accused is ready and willing to plead guilty
→ the possible adverse (negative) consequences of a full trial, including the stress and inconvenience on victims and witnesses giving evidence
→ the time and expense involved in a trial, particularly the costs associated with running the case
Explain reasons why plea negotiations would be inappropriate
→ the strength of the evidence, including the strength of the prosecution’s case and of any defences, for example if the evidence is weak
→ whether the accused is represented. The prosecution may be less willing to negotiate with a self-represented party (accused person) who may not understand the processes
→ whether the witnesses are reluctant or unable to give evidence, which would jeopardise the prosecution’s ability to achieve a guilty verdict
→ the views of the victim (the prosecutor should consult the victims and take their views into
account when considering plea negotiations).
Describe the responsibilities of the judge
Include:
Act impartially
Manage the trial or hearing
Magistrate decides the verdict for summary cases
Judges and Magistrate sentence the offender
Describe the responsibilities of the jury
The jury in criminal cases is a group of 12 people, who are used to decide what evidence is relevant to a case and is factual. When the jury does this, they lastly deliberate on their findings to unanimously agree whether the accused is guilty or a crime or not.
The jury is only used for indictable offences.
The jury must agree to the standard of proof, beyond reasonable doubt, meaning if any member of the jury has any doubts that could be considered logical, and would prevent the accused from being guilty of a crime, they must vote not guilty.
The role of the jury is to be :
Objective
Listen and remember evidence
Decide the verdict for indictable offences.
Describe the responsibilities of the parties
In a criminal case, the parties are the accused and the prosecution
The role of the prosecution is to :
Disclose and explain information to the accused
This includes the prosecution telling the accused :
What they are charged with
Evidence against them
Any material that would assist their case
Prepare and present case to the courts
Appeal sentences if to lenient
The role of the accused is to :
Plead guilty or not guilty
Decide and present their defence/evidence
Choose their legal representation
Appeal the case if punishment is not fair
Choose to remain silent
Describe the responsibilities of legal practitioners
The need for legal practitioners is :
Understanding the law: Lawyers help interpret complex legal rules.
Building a defence: They gather evidence and challenge the prosecution’s case.
Protecting rights: They ensure the defendant’s legal rights are respected.
Navigating court procedures: Lawyers know the correct processes and paperwork.
Arguing for a fair sentence: They advocate for a reasonable punishment if convicted.
Strength and Weaknesses of legal practitioners
Refer to Content
Explain the purposes of sanctions
The purpose of a sanction is to act as a penalty for someone convicted of committing a crime. This is done so justice can be achieved for society, but also so the convicted can seek any help they need.
The aim of sanctions is to promote
→protection
→deterrence
→denunciation
→rehabilitation
→punishment
Describe fines and link to the aims of sanctions
Refer to Content
Describe CCOs and link to the aims of sanctions
Refer to Content
Describe imprisonment and link to the aims of sanctions
Refer to Content
Describe at least three factors considered when sentencing
Include:
→ Mitigating factors
→ Aggravating factors
→ Guilty plea
→ Victim impact statement
Describe the impacts of costs on achieving the principles of justice
Refer to Content
Describe the impacts of time on achieving the principles of justice
Refer to Content
Describe the impacts of cultural differences on achieving the principles of justice
Refer to Content
Describe the principle of fairness
The unbiased treatment of all individuals within the legal system, meaning everyone is given opportunity to present their case, and decisions are made impartially, without favouritism, prejudice, or discrimination.
Fairness ensures that legal processes are transparent, that all parties are judged by the same standards, and that the outcomes are proportionate to the circumstances and the law.
Impartial processes, essential to fairness, ensure that legal procedures are conducted without bias or favouritism. They guarantee that decisions are based solely on evidence and law, giving all parties an equal opportunity to be heard and judged fairly.
Open processes, key to fairness, ensure transparency in legal proceedings. They allow public access and scrutiny, ensuring that decisions are made visibly and justly, promoting accountability and trust in the system.
Courts are open to the public and the media, except for certain cases that are serious or to protect someone, like a child victim.
Participation, central to fairness, ensures that all parties involved in a legal process have the opportunity to present their case, provide evidence, and be heard. This inclusive approach promotes equitable treatment and more just outcomes.
Describe the principle of equality
Everyone is treated the same under the law, regardless of their background, status, or identity. However, if the same treatment creates disadvantage, then the party with a disadvantage will be treated proportionally differently, adequate to their needs so everyone can engage with the legal system without disadvantage.
Humans right charter
Everyone is treated the same
Equal protection under the law without discrimination
Formal equality refers to the principle that all individuals should be treated the same under the law, without regard to differences such as race, gender, religion, or social status. It emphasises the consistent and uniform application of rules and laws to everyone, ensuring that no one receives special privileges or faces disadvantages based on personal characteristics. However, formal equality focuses on equal treatment rather than addressing the outcomes or the underlying inequalities that may affect different groups’ ability to benefit equally from the law.
Substantive equality focuses on addressing underlying social, economic, and historical disparities to achieve equitable outcomes. It emphasises not just equal treatment under the law, but also the need for support and accommodations for individuals with different circumstances, ensuring fair participation and opportunities for all.
Describe the principle of access
Access refers to the ability of individuals to obtain and utilise legal resources and services effectively. Access on an informed basis means having the necessary understanding of legal rights and processes, enabling individuals to navigate the legal system competently and advocate for their interests.
Physical access refers to the ability of individuals to reach legal institutions, such as courts or law offices, without barriers. This includes considerations like the location of these institutions, availability of transportation, and accommodations for people with disabilities. Ensuring physical access is crucial for enabling individuals to participate in legal processes and seek justice.
Technological access involves the ability to use digital resources and tools that facilitate engagement with the legal system. This includes access to online legal information, digital filing systems, and virtual court appearances. Ensuring technological access is essential in today’s digital age, as many legal resources are increasingly available online, and individuals must be able to navigate these technologies effectively.
Financial access refers to the economic ability of individuals to obtain legal services and resources. This includes the affordability of hiring lawyers, paying court fees, and accessing necessary legal materials. Financial barriers can prevent individuals from pursuing legal action or receiving adequate representation, making it vital to address these obstacles to ensure equitable access to justice for all.
No delays means that legal processes should move forward promptly, without unnecessary interruptions. This ensures timely access to justice, protecting individuals’ rights and maintaining the integrity of the legal system.
Informed basis : The understanding and knowledge individuals have regarding their rights, options, and the processes involved in the legal system. It implies that individuals are equipped with the necessary information to make informed decisions about their legal matters.
This includes understanding legal procedures, potential outcomes, and available resources, enabling individuals to navigate the legal system effectively and advocate for their interests.
Describe the rights of Victims
Include:
→ Right to give evidence using alternative arrangements
→ Right to be informed about the proceedings
→ Right to be informed of the likely release date of the offender
