sac 3- sanctions

Question 1

What are the three key principles of justice?

Answer 1

Fairness
Equality
Access

Question 2

What is fairness?

Answer 2

‘All people can participate in the justice system and its processes should be impartial and open.’

Question 3

What are the features of fairness?

Answer 3

Participation
People should be able to participate in the criminal justice system mainly relating to the parties ( accused + prosecution) e.g. opportunity to know the case.

Impartial
All personnel in the CJS are independent and impartial they should not show bias towards a party. e.g. independent and impartial judge.

Open
Cases are heard and decided in public e.g. media is allowed to make personal judgment.

Question 4

What is access?

Answer 4

all people should be able to engage with the justice system and its processes on an informed basis

Question 5

What are the features of access?

Answer 5

Engagement
Actively and physically accessing the justice system. Being able to use and participate in it. eg. physical, technological and financial access.

Informed basis
People need to have a level of information of understanding about the system to engage and make decisions. e.g. community legal centers.

Question 6

What is equality?

Answer 6

“all people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be put in place.

Question 7

What are the features of equality?

Answer 7

Same treatment ( formal equality)
Everyone is given the same treatment opportunities and support regardless of characteristics such as race, religion, gender identity etc.

Different treatment (substantive equality)
The one size fits all approach does not always work and special measures need to be put in place so people do not suffer disadvantage e.g. interpreters.

Question 8

Who enforces the law?

Answer 8

The police and delegated bodies.

Question 9

What are specific institutional powers?

Answer 9

Once a crime has been committed, the police have the power to arrest an accused person. Police can arrest without a warrant if the police believe it is necessary to:
ensure the offender appears in court
preserve public order prevent the repetition of an offence or other offences ensure the safety or welfare of the public offender if the officer reasonably believes the person has committed and indictable offence
can also use reasonable force when making an arrest

Under section 464A of the Crimes Act, if a person has been arrested and is in custody, an investigating official has the power to question that person within a reasonable time. The person may be questioned to determine what involvement, they had, if any, in the offence.

In court, parties have certain rights and powers as the trial is being conducted.
The prosecution has the power to
prepare the case
speak with the witnesses
obtain evidence
negotiate with the accused (usually through their legal practitioners) about an early guilty plea

Once an accused is found guilty, they become called the offender and the court must impose a sanction.

Imprisonment is known as a sanction of last resort and involves removing an offender from society and placing them in jail for a period of time.

Management of prisons is governed by the Corrections Act 1986 (Vic).
Provides prison officers with various powers:
search and examine any person
seize unauthorised goods
arrange for medical tests for alcohol or drugs
require a prisoner to be electronically monitored

Question 10

What are specific individual rights?

Answer 10

Individuals have certain rights in relation to an arrest to ensure that there is a balance between the power of arrest and the rights of the individual efuse to attend a police station unless they are under arrest if a person is arrested they must be informed of the reason for the arrest at the time of the arrest an arrested person must be promptly brought before a court and that they have the right to be brought to trial without an unreasonable delay
a person does not need to say anything when arrested. only need to provide their name and address
If arrested a person must be released (on bail) or brought before a bail justice or Magistrate in the Magistrates’ Court within a reasonable time

To balance this power, rights are given to a person who is questioned. The person must first be informed that they do not have to do or say anything, but that anything they do or say may be given in evidence. Must be recorded if the crime is an indictable offence.
The person must be informed they can communicate with or attempt to communicate with a friend or relative and a legal practitioner.
The person has the right to an interpreter if they do not have sufficient knowledge of the English language
Communications with the person’s legal practitioner must not be overheard
The questioning can only happen within a reasonable time
The person may stay silent and does not need to respond to any other questions
If the person is under 18, a parent or guardian or independent person must be present during the questioning

During court proceedings, an accused also has rights. Many of these are protected by the Humans Rights Charter. have the charge decided by a competent, independent and impartial court after a fair and public hearing
be presumed innocent until proven guilty be informed promptly and in detail about the nature of and reason for the charge be tried without unreasonable delay obtain legal aid if the interests of justice require have the assistance of an interpreter if needed
have the opportunity to challenge and rebut the evidence put against them

Every prisoner has certain rights under the section 47 of the Corrections Act.
right to be in the open air for at least an hour each day right to be provided with adequate food and special dietary food if required the right to be provided with suitable clothing the right to have access to reasonable medical care and treatment, as well as to reasonable dental treatment if the prisoner is intellectually disable or mentally ill, the right to appropriate special care and treatment the right to practise a religion and join with others to practice that religion (so long as it does not breach prison security the right to receive at least one half-hour visit a week.

Question 11

Why must institutional powers and individual rights be balanced?

Answer 11

There must be a balance between the rights of individuals and the powers of the criminal justice system.

If institutions have too much power, individuals might be unjustly treated.
If powers are too few or too limited, law enforcement can become difficult or impossible.

Question 12

when are juries used?

Answer 12

Criminal juries are used in the original jurisdiction of the County and Supreme Court.
They are never used in the Magistrates’ Court and are not used appeals.

Question 13

What is the role of juries in a criminal trial?

Answer 13

listen to all the evidence
concentrate during the trial
piece the evidence together and decide whether the accused is guilty or not guilty

It is the judges role to explain the law to the jury. The judge also gives direction to the jury.
There are many laws that have been put in place to reduce the complexity of the directions.
The jury must listen carefully and come to a unanimous verdict. (12/12 must agree). If not possible the judge may allow for a majority verdict (11/12).
If majority verdict is not reached, then it is a hung jury and the accused can be tried again at a later date.

Question 14

How do juries uphold the principles of justice?

Answer 14

Strengths
Impartiality
Jurors are independent and randomly selected, helping reduce bias and ensuring no single authority controls the verdict.

2. Community Participation
   Juries involve ordinary citizens in the legal process, reflecting community values and increasing trust in the justice system.
3. Fair Trial
   The presence of a jury promotes a fair trial, as legal professionals must explain the case clearly to non-experts, which encourages transparency
4. Deliberation by a Group
   Decisions are made collectively, which reduces the risk of one person’s bias or error influencing the outcome.

weaknesses
1. Lack of Legal Expertise
Jurors may misunderstand legal instructions or complex evidence, which can affect the quality of their decisions.

2. Susceptibility to Bias
   Despite efforts to screen jurors, personal prejudices or media influence can still affect their judgment.
3. Emotional Influence
   Jurors can be swayed by emotional arguments or the appearance of the defendant, rather than focusing strictly on evidence.
4. Inconsistency
   Jury verdicts can be unpredictable because different juries may interpret evidence and testimony differently in similar cases.

Question 15

What are difficulties in the CJS?

Answer 15

The criminal justice system can be daunting for people who do not regularly engage with it
Some groups in society face additional challenges when interacting with the CJS.

Question 16

What are specific difficulties faced by first nations people?

Answer 16

Cultural differences
Customary law clashes with the law in cjs. Elders are involved in sentencing offender
May not feel like the processes of the criminal justice system are equipped to understand them and their culture

Language differences
Not all First Nations people speak English as their first language
Aboriginal English spoken, and there are not enough suitably qualified language interpreters available
Different ways of communicating (e.g. Direct questioning, direct eye contact)

Distrust in the CJS
If they are victims of crime, they may not seek help.
3.1 times more likely to be recorded as a victim of crime
This can result in cycles of abuse, trauma and crime

Question 17

Ways the difficulties for first nations people are addressed?

Answer 17

(V)ictoria (A)borigional (L)egal (S)services
VALS is a community controlled legal service that is dedicated to supporting Aboriginal and Torres Strait Islanders people in Victoria

Koori courts
The Koori Court is a specialized division of Victoria’s court system that focuses on sentencing for First Nations people. Established in 2002 within the Magistrates’ Court, it has since expanded to include divisions in the Children’s Court and County Court.

Question 18

What are the difficulties faced by young people?

Answer 18

Lack of understanding
Not able to understand the system, therefore not able to properly engage with it
cjs is an adult orientated system with complex language and systems used.
Young people may not have sufficient communication skills, expertise, knowledge and experience

Negative effects of custody
time spent in remand, and time spent in youth facility can have negative effects such as:
can be difficult to overcome the stigma of being in custody
can cause them to form criminal associations with other offenders
reduces the opportunity for positive intervention and rehabilitation
can increase the possibility of reoffending

Question 19

What are ways difficulties are addressed for young people?

Answer 19

Youth law
Youthlaw is Victoria’s dedicated community legal centre for individuals aged 25 and under. They offer free, confidential legal advice and representation, focusing on young people facing disadvantage or experiencing homelessness.

Youth diversion programs
Youth diversion programs are used by police and courts to help young people. Youth diversion programs provide replacement for traditional justice system processing for youth offenders. This aims to confront underlying issues and avoid reoffending.

Question 20

What are the difficulties faced by CALD ( culturally and linguistically diverse) people in the CJS?

Answer 20

limited awareness and familiarity
limited awareness and knowledge of their rights, services that are available and processes in the criminal justice system.
Adversarial system in Australia vs Inquisitorial system in many European Countries

Negative effect of custody
low level English skills can impact a persons ability to engage and interact with cjs
(Communicating with lawyers, police, court personnel including judges and magistrates)
Will usually require an interpreter, but sometimes there are difficulties finding a qualified interpreter
religious or cultural barriers (e.g. fear of being disowned by communities)

Question 21

What are was that the difficulties for CALD people addressed?

Answer 21

Legal aid for CALD people
Victoria legalaid offers interpreter, services and staff who speak multiple languages, ensuring CALD individuals can receive legal advice in their preferred language.

Judicial Council on Diversity and Inclusion and CALD Communities
The Judicial Council on Diversity and Inclusion works to ensure that people from Culturally and Linguistically Diverse backgrounds have fair and equal access to justice in Australia.

Asylum seeker resource centre
The Asylum Seekers Resource Centre is an asylum seeker support organization based in Footscray, Melbourne founded in 2001.
An asylum seeker is a person who has fled their home to another countrywho seeks protection, they apply for refugee status because of a fear of being prosecuted, usually unfairly in their home country.

Question 22

What are the purposes of sanctions?

Answer 22

Deterrence
the law aims to deter or discourage the offender and others in society from committing the same or similar offences in the future by imposing a sentence that is severe enough that the offender and others can see the serious consequences

General deterrence
when the community is discouraged from committing similar offences

Specific deterrence
when the offender is discouraged from committing further offences

Rehabilitation
designed to reform an offender in order to prevent them from committing offences in the future
Offenders can be provided with opportunities such as education, training, assistance and support to hopefully change their offending ways

Denunciation
a court may impose a sanction that is harsh enough to show its disapproval
Its designed to demonstrate that this type of behaviour will not be tolerated and is usually used for cases where the offending could be undertaken by many members of society

Protection
seeks to ensure the safety of society by preventing the offender from harming again

Punishment
to penalise the offender when they have done something unacceptable
Allows victims and families to feel sense of justice (they don’t have to take the law into their own hands)
deprivation of freedom as the ultimate punisment in Aus

Question 23

How can purposes of sanctions be achieved?

Question 24

What are the two sanction divsions?

Answer 24

Sanctions can be divided into two types
Custodial sentences: the offender is removed into society into an institution
Non custodial sentence: the sentence is served in the community

Question 25

What is a fine?

Answer 25

A monetary penalty that is paid by the offender to the state When can a fine be imposed? A fine can be imposed in addition to another sentence A court considers multiple factors when deciding whether to issue a fine, including: the financial circumstances of the offender any loss, destruction of or damage to property as a result of the offence the value of benefit received by the offender from the offence any forfeiture, compensation or restitution order imposed What are conditions of fines Court can order that the fine be paid by instalments. If the offender defaults in making payments, court can issue a warrant to arrest them They can also instead order the offender to do community work or allow more time for the offender to pay depending on their circumstances -

Question 26

What are community corrections orders (CCO"S)?

Answer 26

a non custodial sanction that the offender serves in the community with conditions attached to the order Sanctions requires offender to comply with certain core conditions and at least one optional condition. A CCO can be imposed if the offence is punishable by more than 5 penalty units the offender consents to the creation of the CCO A CCO cannot be imposed if the offender has committed a category 1 offence the offender has committed a category 2 offence, UNLESS there are special circumstances that exist (e.g the offender has impaired mental functioning

Question 27

What is improsonement?

Answer 27

removal of offender from society and into a secured facility known as a prison Conditions of imprisonment Parole - an early release from prison, but the offender must prove to the parole board that they are worthy of serving the rest of their sentence in their community

Question 28

What is the effectiveness of sanctions in achieving the purposes of sanctions

Answer 28

strengths weaknesses conclusion

Question 29

What are factors that might reduce the sentence?

Answer 29

Nature and gravity of offence If the offending is on the low end of the scale of seriousness then this may persuade the court that a sentence less than the maximum penalty should be imposed. Early guilty plea If an offender has pleaded guilty, a court may impose a lesser sentence. Also, the earlier in the process the guilty plea is submitted, the better. An early guilty plea can reduce an offender’s sentence as it saves time and resources by not having to have a trial. It also spares the witnesses and victims the trauma and inconvenience of a trial. Mitigating factors Mitigating factors are factors that reduce the seriousness of an offence or the offender’s culpability. Examples of mitigating factors include where the offender was acting under duress, the offender’s good prospects of rehabilitation, any personal strain the offender was under, the lack of injury or harm caused by the offence, or full admissions made by the offender. An early guilty plea and remorse are also mitigating factors. Lack of prior offending If the offender has not offended before, this is likely to work in their favour, as their offending may be considered to be a one-off incident. This can also show an offender’s lack of criminality. Remorse If the offender shows significant remorse, then the court may take this into account. Remorse can be demonstrated through an early guilty plea, apologies to victims, early confessions or admissions, or full cooperation with investigative agencies (e.g. the police).

Question 30

What are factors that may increase a sentence?

Answer 30

Nature and gravity of the offence If the offending is on the high end of the scale of seriousness, the court may view a higher sentence as more appropriate. For example, the use of weapons, or the intentional conduct of the offender, are likely to increase a sentence. Aggravating factors Aggravating factors increase the seriousness of the offence and the offender’s culpability. Such factors include the use of violence or explosives, the offence taking place in front of children, the offender being motivated by hatred or prejudice, or the offender being in a position of trust and breaching that trust (e.g. a parent committing a crime against a child). Prior offending If the offender has engaged in previous criminal behaviour, then this may result in the sentence being increased. Impact of the offence on any victim If the victim has significantly suffered as a result of the offence, then this may persuade the court to increase the sentence. The victim can demonstrate their loss or suffering by filing a victim impact statement, which is read in court during sentencing. Injury, loss or damage as a result of the offence If there was significant injury, loss or damage to property or to a person, then this is likely to increase the sentence. For example, if someone died, or there was widespread property damage, this is taken into account.

Question 31

What does it mean to define?

Answer 31

Give the precise meaning and identify essential qualities of a word, phrase, concept or physical quantity

Question 32

What does it mean to identify?

Answer 32

Recognise and name and/or select an event, feature, ingredient, element, speaker and/or part from a list or extended narrative or argument, or within a diagram, structure, artwork or experiment.

Question 33

What does it mean to describe?

Answer 33

Provide characteristics, features and qualities of a given concept, opinion, situation, event, process, effect, argument, narrative, text, experiment, artwork, performance piece or other artefact in an accurate way.

Question 34

What does it mean to discuss?

Answer 34

Present a clear, considered and balanced argument or prose that identifies issues and shows the strengths and weaknesses of, or points for and against, one or more arguments, concepts, factors, hypotheses, narratives and/or opinions.

Question 35

what does it meaning to explain?

Answer 35

Give a detailed account of why and/or how with reference to causes, effects, continuity, change, reasons or mechanisms; make the relationships between things evident.

Question 36

What does it mean to suggest?

Answer 36

Put forward for consideration a solution, hypothesis, idea or other possible answer.

Question 37

What does it mean to evaluate?

Answer 37

Ascertain the value or amount of; make a judgment using the information supplied, criteria and/or own knowledge and understanding to consider a logical argument and/or supporting evidence for and against different points, arguments, concepts, processes, opinions or other information.