legal sac revision (chapter 7) Flashcards
(33 cards)
define fairness
all people can participate in the justice system and it’s processes should be impartial and open. it allows for transparency.
define equality
All people engaging with the justice system and its processes should be treated in the same way
define access
All people should be able to engage with the justice system and its process on an informed basis
what are the three aspects of fairness?
impartial process: no apprehended bias, decisions made based on the facts of the case and law, judges/magistrates and jury don’t show bias and are independent and impartial.
open processes: institutions like police, courts or judges should be open to the public, allow community, media attendance and virtual hearing, legal processes and decisions should be recorded and reported to see justice done.
participation: people are able to participate and know the case put against them, prepare an adequate defence, they are presumed innocent until proven guilty, they have use of a lawyer or interpreter, and there is no unreasonable delay for their trial.
whats the difference between the two types of equality?
formal equality - all people should be treated exactly the same, same opportunities, same levels of support, all free services available to everyone
substantive equality - treating people exactly the same would cause inequality, measures made so there’s participation without disparity or disadvantage, giving extra support to those who need it.
what are the two aspects of access?
engagement: physical access to the courts, services or legal representation, technological access to virtual hearings e.g, financial access meaning people shouldn’t be prevented from accessing a lawyer based on lack of funds.
impartial basis: people should understand their legal rights, and processes involved in their case, obtain or be provided info to make reasonable and sensible decisions.
what are the types of institutions that enforce criminal law
the police - (victoria police and australian federal police)
and delegated bodies - (e.g. local councils or worksafe victoria)
what are the roles of the victorian police?
arrest accused person(s),
talk to victims or witnesses about what happened,
charge people with the offence(s) that best fit the crime,
question possible suspects,
gather forensic or physical evidence,
conduct searches of people or property,
examine the scene(s) of the crime.
what can the vic police and the australian federal police do in order to do their jobs that most can’t?
vic: arrest a person without a warrant, take fingerprints of suspects in certain circumstances.
federal police: ability to arrest without a warrant, search a suspect
do the vic police uphold/achieve the principals of justice?
fairness - partially achieved - achieved as they must inform the accused about the arrest and proceedings, and because they have the right to be presumed innocent. not achieved because the police can arrest without a warrant.
equality - not fully achieved - achieved as the law applies to all individuals equally. not achieved because some are still disadvantaged and not treated equally.
access - partially achieved - achieved as individuals are informed of their rights and charges, and they have the right to a fair trial, without unreasonable delay. not achieved because some still cannot access good legal representation to properly assist them.
arrest institutional powers
police can arrest a person without a warrant if they believe it will ensure the offender appears in court, preserve public order, prevent the repetition of an offence or prevent a crime, or ensure the safety or welfare of the public/offender.
arrest individual rights
right to be presumed innocent until proven guilty beyond reasonable doubt, right to now be unlawfully detained, right to be treated with dignity, right to be informed about the arrest and proceedings placed against them, right to refuse to go to the police station unless under arrest, right to trial without unreasonable delay.
questioning institutional powers
if arrested, an officer has the power to question someone within a reasonable time, can ask questions about the involvement of the accused, can ask questions about other involved members of the community e.g witnesses or victims, must record all statements in written or audio recording.
questioning individual rights
right to silence, right to seek legal representation, right to be informed.
court proceedings institutional powers
prosecution have the power to pursue a criminal matter in court, prosecution and investigator bodies can collect evidence to be used in court, power to oversee criminal hearings and trials, judges and magistrates have power to impose a sanction on an offender, juries have power to determine guilt.
court proceedings individual rights
right to seek legal representation, to be informed of the proceeding, fair trial, presumption of innocence, trial by jury, tried without unreasonable delay.
difference between different types of jurisdiction
original jurisdiction - when a court is hearing a case for the first time. usually heard in the magistrates, county, supreme court (trial division), childrens court and county court.
appellate jurisdiction - when a court is hearing an appeal on a previous case. usually heard in the supreme court (of appeal) also heard in county court, supreme court (trial division).
strengths and weaknesses of the courts
strengths: judges and jury are impartial and who decide cases based on fact and law. due to the court hierarchy, each section of personnel is specialised, which ensures expertise. ensure fairness through formal court proceedings. court hierarchy allows for cases to be appealed.
weaknesses: difficult to understand complicated processes. without expensive legal representation, party might not be equal. formalities in court can be stressful, intimidating. the right to appeal isn’t given automatically in most cases, difficult without a lawyer.
roles of criminal juries
listen to all the evidence, concentrate during a trial, piece together the evidence and determine if the accused is guilty or not
composition of the jury
jury of 12 people in a criminal case, individuals over 18 who are eligible to vote, individuals are selected at random and sent a form to determine if they’re eligible.
ineligibility of jury service (4 types)
some may be disqualified for serving more than three years imprisonment, or be ineligible due to physical injury or job title such as officer or magistrate, or some may be excused due to health issues.
strengths and weaknesses of jury
strengths: jurors are independent and impartial, ensuring fairness in their decision. allows the community to be involved, increases the confidence the community has in the legal system. ensures fairness through jurors judging based on facts and evidence. spreads the responsibility for the decision.
negatives: jurors cannot/don’t give reasons for their decision. the task is difficult for ordinary citizens to achieve. may result in delays due to legal terms having to be explained to the jury. not all community members are able to be a part of the jury.
5 purposes of sanctions
punishment, deterrence, denunciation, protection, rehabilitation
punishment
designed to penalise an offender, and show society the behaviour won’t be tolerated, allows victims and their families to feel a sense of retribution, the courts impose a sanction that best fits the offence, imprisonment is the harshest form of punishment.
