outcome 1b Flashcards
(39 cards)
victorian court hierarchy
HCA Supreme Court - trial division - court of appeal County Court Magistrates' Court - children's court -coroners court
reasons for the hierarchy
appeal and specialisation
appeal
the ability to view a case in a higher court on the basis of
- a question of law
- the leniency of a sentence
- the conviction
a courts appellate jurisdiction is the courts ability to review a case on appeal
specialisation
a courts development of expertise on a specific are of the law.
magistrates court specialises in summary offences (trafficking offences) creates a more efficient process
key personnel in criminal court
judge, jury, prosecution and accused, legal practitioners
judge
an impartial party who ensures court procedures are followed according to the rules and ensures parties are treated fairly. Judges responsibilities include; managing the trial, deciding on admissible evidence, attending to jury matters, giving directions to the jury and summing up the case, handing down a sentence.
jury
The jury system is a trial by peers which provides the opportunity for community involvement and the law to be applied according to community standards.
The jury is the decider of facts and not used for sentencing. The jury is composed of 12 jurors for a criminal trial, randomly chosen from the electoral roll. Some people are ineligible (lawyers), disqualified (some prisoners) or excused (significantly unwell).
Both the prosecution and the accused can challenge jurors with cause (reason) unlimited or without cause (no reason) limited. Jury Responsibilities include; being objective, listening and remembering evidence, understanding directions and summing up from the judge and delivering a verdict.
prosecution and accused
- give the opening address
- assist the judge and jury matters
- present the party’s case
- give a closing address
- make submissions about sentencing
legal practitioners
Although legal practitioners work on behalf of their party, the law imposes important obligations on them such as their duty to the court and the administration of justice. This means legal practitioners must be honest about the facts and the law, they cannot deceive the court.
Responsibilities of the Legal Practitioners
Be prepared, ready to proceed with evidence, witnesses and documents
Comply with their duty to the court by being courteous, cooperative and complying with direction
Presenting the case in the best possible light by presenting an opening address to the jury and summing up the evidence
purpose of a sanction
punishment deterrence rehabilitation protection denunciation
punishment
Aims to seek revenge on the offender so that the victim of the crime feels that justice has been done and the community feels it has achieved retribution. Punishment can be combined with deterrence.
rehabilitation
Aims to address the underlying reason for the offender committing the crime, treating the offender will help to prevent the accused from reoffending. Community correction orders (CCO’s) can be used to achieve this purpose
deterrence
Aims to discourage other people from committing similar crimes, this is referred to as general deterrence. Sanctions can also work to discourage the offender from committing crimes this is known as specific deterrence
denunciation
The court may indicate disapproval, especially for harsher sentencing that may include violent crimes such as violent rape
protection
Aims to safeguard the community, such as putting someone in prison (physically removing them from society). Serious offenders will get longer sentences preventing them from re-offending.
fines
A fine is an amount of money paid by the offender to the state of Victoria.
purpose of a fine
- punish the offender, the amount of the fine must be high enough to punish the offender.
- specific deterrence as well as a general deterrence, discouraging both the offender and the broader public
- denunciation, a higher than usual fine may be given in order to show that this behaviour is unacceptable
community correction order
A community corrections order is a supervised sentence served in the community. As part of a CCO the offender may undergo treatment, be required to take part in unpaid community work or take part in education, vocational or personal development programs.
purpose of a CCO
- punish, abiding by conditions set out and limiting the freedom of the offender.
- rehabilitate, treating the underlying cause for the offender committing the crime
- recidivism, reducing the likelihood of re-offending
- specific deterrence, through unpaid community work and other burdensome conditions
imprisonment
Imprisonment is the removal of an offender from society for a period of time.
purpose of imprisonment
- punishment of the offender by removing them from society
- protection for society
- rehabilitation of the offender through various programs
- denunciation (disapproval), if a particularly long sentence is imposed
- general and specific deterrence
how well does imprisonment achieve these purposes
- Recidivism, 40% of prisoners re-offend within 2 years of release
- drug availability in prisons, in 2016 10% of prisoners tested +
- negative influences
- chance for rehabilitation???
sentencing act
the Sentencing Act sets out the court’s power to impose sanctions. The sentencing act has 2 purposes, promoting a consistent approach and to provide fair procedures when it comes to sentencing. A sentencing judge must take these purposes in consideration when imposing a sentence and must not impose a sentence that is more severe than necessary.
factors considered during sentencing
mitigating factors, aggravating factors, guilty plea, victim impact statements.
