Sanctions

Question 1

fairness

Answer 1

all individuals being treated impartially under the law. no unfair biases. fair sanctions should reflect what society expects for the offence

Question 2

equality

Answer 2

all people treated alike, regardless of race/ethnicity/gender/religion. equal sanctions should not differ on these bases, however level of remorse can affect sanctions

Question 3

access

Answer 3

parties should be able to understand their rights and have access to systems, institutions and aid. offenders having access to counselling

Question 4

victorian delegated bodies

Answer 4

agencies with jurisdiction given by parliament to create and/or enforce laws. includes WorkSafe Victoria and local councils.

Question 5

arrest - powers and rights

Answer 5

power: arrest a person who has committed an indictable offence, ensure court appearance, preserve public safety, prevent further crime
rights: be told why, only disclose name and address

Question 6

questioning - powers and rights

Answer 6

powers: police can question an arrested person
rights: remain silent, make a phone call, be questioned within a reasonable time

Question 7

bail - powers and rights

Answer 7

powers: can be denied for a very serious crime, risk of accused fleeing, reoffending or intervening
rights: right to bail

Question 8

court proceedings - power and rights

Answer 8

powers: be heard by County/Supreme after Magistrates has determined there is enough evidence
rights: presumption of innocence, hearing before an impartial court, trial without unreasonable delay

Question 9

imprisonment - powers and rights

Answer 9

powers: power to remove an offender from society
rights: be outside for at least an hour a day, food and clothing

Question 10

punishment

Answer 10

shows society that crime will not be tolerated. gives the victim and families a sense of justice.

Question 11

deterrence

Answer 11

imposes a penalty sever enough to demonstrate the consequences of crime
general: designed to discourage others in the community
specific: designed to discourage the offender

Question 12

protection

Answer 12

to ensure the safety of society by imposing a sanction that prevents the offender from harming again

Question 13

rehabilitation

Answer 13

treat the offender. to reduce recidivism, which reduces costs for the government and crime rates.

Question 14

custodial sanctions

Answer 14

the offender is removed from society and into an institution

Question 15

denunciation

Answer 15

designed to demonstrate the community’s disapproval of the offender’s actions.

Question 16

non-custodial sanctions

Answer 16

the offender serves the sentence in the community

Question 17

imprisonment

Answer 17

type of sanction. serves as protection, punishment, and deterrence. may lead to rehabilitation

Question 18

parole

Answer 18

an early release from prison

Question 19

cumulative sentences

Answer 19

all sentences are served separately

Question 20

concurrent sentences

Answer 20

all sentences are served simultaneously

Question 21

recidivism

Answer 21

probability of a person reoffending

Question 22

fine

Answer 22

a sum of money payable to the court, type of sanction. punishment and deterrence, as well as denunciation if the fine is high enough.

Question 23

community corrections order

Answer 23

type of sanction that is non-custodial. must include at least one optional condition, which may be unpaid community work, rehabilitation, residence restriction, curfew, or other. punishment and deterrent, and rehabilitation in some cases. A CONVICTION IS RECORDED.

Question 24

role of the jury

Answer 24

to listen to the evidence presented in court and decide if the accused is guilty or innocent. must remain unbiased and cannot perform own investigations. parties can make 3 peremptory challenges and unlimited challenges for cause. allows for community involvement in the trial.

Question 25

Koori court

Answer 25

an alternative to sentencing. can act as a sentencing court for Indigenous Australians. its aim is to provide an informal atmosphere with Indigenous representation from the community. reduces recidivism.

Question 26

drug court

Answer 26

an alternative to sentencing. deals with drug-related offences, and sentences offenders to drug treatment orders (treat cause of offending). includes a custodial sanction and treatment.

Question 27

diversion programs

Answer 27

an alternative to sentencing. dealt with outside of court by placing the offender on a program, only for summary offences. aimed at reducing reoffending. DOESN’T GO ON CRIMINAL RECORD.

Question 28

sanctions

Answer 28

penalties imposed by the court on a person guilty of a criminal offence

Question 29

suspended sentence

Answer 29

an order that the term of imprisonment of the convicted offenders is served wholly or in part in the community and not in prison