Sanctions Flashcards
What is the purpose of criminal law?
Criminal law aims to protect the community.
What are the institutions that enforce criminal law?
Police and delegated bodies.
What is the role of the police?
To serve the community and the law, and to enforce criminal law. Police investigate offences, arrest and question the accused, and can prosecute summary (minor) cases.
What is a delegated body?
A delegated body is an authority or agency given power by parliament to make and/or enforce laws.
What is the role of Victorian courts in a criminal case?
If an accused pleads not guilty, it is the role of the courts to determine whether the accused is guilty by managing and hearing criminal proceedings.
What is the role of the Magistrates Court?
The Magistrates’ Court deals with summary offences (minor offences). The Magistrate decides whether the accused is guilty following a hearing. If the Magistrate decides the accused is guilty, the Magistrate also decides on the sentence of the accused.
What is the role of the County or Supreme Court?
The County Court or Supreme Court deals with indictable (serious) offences. The judge manages a trial. A jury decides whether the accused is guilty. The judge gives directions to the jury and, if the accused is found guilty, the judge decides the sentence.
What is a trial by jury?
A trial by jury is a trial which an impartial group of twelve adults are randomly selected from the community to hear the evidence and hand down a verdict as to whether the accused is guilty or not guilty.
What is the role of a criminal jury?
To decide the facts based only on the evidence given in court; apply relevant principles of law to those facts; and decide whether the accused is guilty or not guilty.
What are the purposes of sanctions?
Punishment, deterrence, denunciation, protection and rehabilitation.
What is the purpose of punishment?
Allows victims and their families to feel a sense of retribution (revenge) without taking the law into their own hands. In our society, imprisonment is the most severe punishment.
What is the purpose of deterrence?
One of the purposes of a sanction is to deter or discourage the offender and others in society from committing the same or similar offences in the future.
What is the purpose of denunciation?
To send the message that the behaviour will not be tolerated by the courts.
What is the purpose of protection?
Imposing a sanction that will prevent the offender from harming again.
Imprisonment stops an offender from being able to harm others while in prison.
What is the purpose of rehabilitation?
One of the purposes of a sanction is to reform an offender in order to prevent them committing offences in the future.
