Outcome 3 - Sanctions Flashcards

Question

Supreme Court TD | w/ 2 strengths

Answer 1

Original Jurisdiction: All indictable offences, however mainly most serious indictable offences which can't be heard in County Trial + Jury of 12 if 'not guilty' plead Appelate Jurisdiction: Appeals from Magistrate's court

Answer 2

Original Jurisdiction: No original jurisdiction Appelate Jurisdiction: Hears appeals from the county and supremeTD courts Hears appeals from Magistrate's court if the chief magistrate heard the case Appeals generally heard by 3 judges and can be on questions of conviction, severity of sentence or questions of law The CoA must grant 'leave to appeal'

Answer 3

1) Manage, hear and determine a criminal case if the accused pleads not guilty 2) Impose a sanction if the accused pleads or is found guilty

Answer 4

1. Commital mention - accused pleads guilty or not guilty 2. Commital hearing - if pleads not guilty, Mag determines whether there is sufficient evidence 2 support a conviction in a higher court Purpose= to determine a prima facie case and allow the accused the opportunity to enter a plea Benefits: 1. filter out weak cases and ensure judicial resources in higher courts are used efficiently 2.Inform the accused of the case against them and allow them to test the evidence

Answer 5

A group of randomly selected people who are required to deliver a verdict in a trial based on the evidence presented to them in court. In criminal trials, it consists of 12 random jurors selected from the Australian Electoral Roll who deliberate and decide guilt

Answer 6

1. Concentrate during the trial and listen to all the evidence 2. Piece together evidence and decide the verdict 3. Ask clarifying questions of the judge if there is terminology or concepts which are unclear 4. Cannot discuss matters of trial w/ anyone else, nor conduct additional research on the trial

Answer 7

1. Members must be 18 years or over and be enrolled to vote in Victoria 2. Cannot have been sentenced to a term of imprisonment for three years or more 3. Cannot work within the legal system (judges, police officers, lawyers...)

Answer 8

1. Jurors are independent and impartial, t/f ensuring equality and fairness in their decision 2. Allows community to be involved in justice system, t/f increasing confidence within the system and ensure it reflects values of the community 3. Ensures fairness by requiring jury to deliberate based on evidence and facts, not own independent research 4. Spreads responsibility for making a decision over multiple people rather than just one (eg a judge).

Answer 9

1. Do not give reasons for their decision, so some may question whether the decision was made based on facts and evidence 2. Jury trial may result in delays b/c legal terms have to be explained to the jury and judge must give directions to jury 3. Jurors may have biases that may play a role in their deliberations, even if they are unconscious. 4. Not all community members are eligible to be a part of the jury.

Answer 10

Underlying disadvantage: Occupy public space more often due to SES and connection to land --> increased police surveillance. Language differences eg Aboriginal English (deadly, killer) Cultural differences: in customary law (IA), punishment aimed at restoring balance and to maintain and recognise relationships vs Vic CJS more focussed on retribution and making eg out of offenders to deter

Answer 11

Dedicating funding for aboriginal legal aid to ensure professional and culturally appropriate legal services are available eg VALS (govt funded service provides legal services inc criminal advice) Specialised courts and programs to ensure cultural differences are addressed eg Koori Court Cultural competence training for ppl who work in courts/tribunals to ensure FNP can engage w the criminal justice system

Answer 12

For Aboriginal and Torres Strait Islanders who have plead guilty to their crimes

Outcome 3 - Sanctions Flashcards

(36 cards)