Sanctions Flashcards

Question

Disqualified from jury

Answer 1

Unable to serve on jury due to background: sentenced to a term of 3 years or more currently on bail or remand undischarged bankrupts

Answer 2

unable to serve due to occupation or particular characteristic: judges, magistrates, lawyers, police, members of parliament unable to communicate, insufficient eng, physical disability that renders incapable of performing jury service.

Answer 3

unable to serve due to difficult circumstances: poor health, live 50+ km away, advanced age, financial hardship, carers w dependents, unable to be impartial

Answer 4

3.8% of Aus popn and 1% of VIC 31.8% of imprisoned ppl (2022) From 2022 to 2023 increased by 7% from 2330 to 2442 per 100,000 78% of imprisoned FNP had experienced prior adult imprisonment Occupy public space more often due to socio-economic status and connection to land= increased police surveillance and contact w system as accused/victims Lang differences- Ab-Eng/ require interpreter Cult differences- Elders involved in sentencing and may carry out punishment (restore balance and maintain relationships) whereas vic systems focuses on retribution and deterrence

Answer 5

Dedicated funding for FNP legal aid to ensure pro and culturally appropriate legal services available:VIC Ab Legal Service- gov funded service that provides legal services including criminal advice -Djirra- provides legal representation and non-legal non-legal support to FNP experiencing family violence Developing specialised courts and programs to address cultural differences- Koori court- divisions of Mag, county and Children’s courts that involved community elders respected persons in the sentencing

Answer 6

Sentencing act 1991 (VIC) sets out purposes for sanctions- must be considered Judge mustn’t impose a sentence more severe than necessary to achieve purpose Mustn’t sentence for any other purpose

Answer 7

Penalising offenders and holding them accountable when they have done something unacceptable Ensures retribution for victims and families who will be discouraged from enacting revenge themselves Imprisonment is ultimate form of punishment

Answer 8

Achieved by removing offenders from society to ensure they don’t pose a risk to safety and welfare of victims or society as a whole Imprisonment=last resort, some offenders sentenced to long periods of imprisonment as deemed danger to society A horrendous crime, lack of remorse and callous attitude indicate a person should be removed

Answer 9

The court aims to publicly and formally criticise/ condemn offenders behaviour Court expresses its disapproval to highlight how offender has violated moral and ethical standards of society Often emphasised in cases involving offending that could be undertaken by many members of society

Answer 10

Aims to prevent/discourage offender or general public from reoffending/committing a crime Specific deterrence: Offender is discouraged from committing crimes of same/similar nature through sanction. Effectiveness is dependent on offenders personal circumstances General deterrence: Individuals other than the offender are discouraged from committing offences of the same or similar nature to avoid receiving same sanction as convicted offender. Effectiveness depends on the public knowing and understanding sanctions

Answer 11

Achieved by sanctions that seek to break the cycle of offending and address underlying causes In societies best interests for offender to reform and reduce crime rates -counselling, education, training to provide them with a better chance at a better future -> law abiding citizens

Answer 12

Born overseas in countries other than main English-speaking countries BOS: 27.6% Aus born overseas 47.2% one or both parents born overseas 21.4% speak a different language at home (mandarin, Vietnamese, greek, Punjabi, Italian)

Answer 13

Legal system is persons country of origin may be different Crim justice system is complex, daunting and overwhelming. CALD ppl may seek support from legally untrained individuals in their own community as opposed to legal institutions CALD ppl may be unaware of their specific rights in defending a charge and accessing legal representation or legal aid

Answer 14

A low level of English will hinder pols ability to communicate w lawyers, police and court personnel CALD ppl may require an interpreter, however: Shortages in qualified interpreters yet a high demand Interpreters may be conflicted by recognising the accused from their community Accused ppl may require additional characteristics from their interpreters

Answer 15

There is courts and service providers provide free interpreters. Victorian government also offers victims of crime and interpreter friendly helpline. Information and resources are available in different languages : The Supreme Court office about court processes in multiple language Victorian legal aid has an extensive list of 36 languages that their website can be translated into Specials community legal centres for asylum sake Advice, resources and training are provided to court personnel to ensure that they promote the principles of justice

Answer 16

Young people who are particularly at risk of interacting with the criminal justice system, are those experience homelessness, CALD, first Nations have experienced family violence 53% of people in youth, Justice of victims of abuse, trauma, neglect as a child 42% of people in youth justice have witnessed family violence The younger child is when their first sentence for defence, the more likely they are to reoffend in the future

Answer 17

Youth Law VIC is a dedicated community legal centre for young people and can assist with a range of criminal charges Youth diversion programs are used in the children’s court to redirect young ppl away from CJS and help them take responsibility for their behaviours Intermediaries (skilled comms specialists) are used to assist vulnerable witnesses including children VIC gov committed to increase age of crim liability to 12 by 2024

Answer 18

Monetary penalty paid to state Penalty units 1-3000 (192.31) Court considers: Purpose court wishes to achieve Aggravating and mitigating factors Offenders financial situation Court can order fine paid by instalments. If an offender defaults in making payments, the court can issue an arrest warrant, allow further time to pay or order community service work instead Fines often imposed on companies as they are corporate entities that cannot be imprisoned

Answer 19

Non-custodial order by court that allows offender to remain within the community w certain conditions attached CCO can be imposed alongside a fine/imprisonment of one year or less (served upon release) CCO can be imposed if Offence is punishable by 5 penalty units or more Offender has agreed to a CCO Single offence max- 2yrs, multiple offences-up to 5 yrs Cannot be imposed for category 1 offences Mandatory conditions: Not reoffending Don’t leave vic w/o permission Notify supervisor if change of address Comply w directions given by CCO Optional conditions: Unpaid community work Abiding by curfew Undertake medical treatment of rehab programs for drugs/alcohol addiction Avoiding contact w a particular person Staying away from a particular place or suburb Ankle monitoring Not consume alcohol or attend licensed venues inc bars/nightclubs

Answer 20

A sanction removes an offender from community and places them in prison for a given period of time Min period of time before able to apply for parole (early release of a prisoner after min term is served which is subject to supervision and certain conditions) Concurrent sentences: served at same time as another when offender is convicted of more than one crime Cumulative: served one after the other

Answer 21

Enables court to punish offender as they can’t spend money freely Large fine enables court to denounce offenders immoral behaviour Financial loss caused by fines specifically deters and generally deters Due to deterrent effect of fines, achieve level of protection for society

Answer 22

Legislated max penalty may not be high enough to truly punish or deter wealthy offenders, large corporations may only be an inconvenience General deterrence limited bc judgements not published Protection is not directly achieved as offender is not removed from society, don’t always address underlying causes to rehabilitate offender

Answer 23

Conditions act as punishment by restricting offenders movements, comm work provides retribution Inconvenience of conditions may work to generally deter Flex of optional conditions enables judges to specifically discourage offenders from engaging in certain behaviours. Breaching a CCO can result in imprisonment which acts as a deterrent Treatment orders support offender to address the underlying causes of behaviour and rehabilitate Offender may be restricted from interacting with certain ppl and places, thus promoting community protection

Answer 24

Victims may view CCO as a lenient punishment- limit general deterrence Specific deterrence and rehab are contingent to offenders willingness to engage with conditions and participate in programs CCO allows offender to remain in comm and they may not adhere to conditions whereby limiting protection

Answer 25

Offender is punished thru deprivation of their liberty and restricted access to family and friends As imprisonment is the most severe sanction and a last resort it communicates the courts denunciation of the offenders conduct Harsh environment of prison will act as a specific and general deterrent as ppl are afraid to receive a sentence of imprisonment Offender is removed to a secure location, society is protected Prisons provide rehab programs to prepare to break cycle of offending and prepare them to reintegrate w society

Answer 26

Many violent offenders can apply for parole- may seem unjust to victims or fam who want a harsher punishment Rate of recidivism in vic is 43.6%- specific deterrence not achieved Many prisoners who are released reoffend, long term comm protection may be limited if offender is not rehabilitated High demand for programs and a lack of resources means many prisoners are unable to participate in rehab, harsh environment may exacerbate offenders mental health issues

Answer 27

Facts or circumstances about the offender or an offence that can increase the offenders culpability and lead to a more severe sanction E.G Whether the crime was planned/premeditated Hate crimes, resulting from prejudice towards a particular group based on ethnicity or religion The degree of brutality and cruelty the offence was unprovoked or involved domestic violence The victim was a particularly viral person, e.g. a child elderly person or person with disability Had prior convictions The offence took place while the offender was on bail or serving their CCO The crime was committed in front of children

Answer 28

Facts or circumstances about the offender or defence that can decrease the fitness culpability and lead to a reduction in sentence E.G Genuine remorse The crime is a result of provocation The age of the offender, a young offender equals less mature, but more capable rehabilitation Traumatic personal history, such as growing up, surrounded by family, violence, drug addiction, alcoholism Limited or no prior criminal history Cooperating with the police The offender pleaded guilty early The injury or harm caused by the offender was not essential, nor was there a risk to any people

Answer 29

Guilty plate occurs with a person admits that they committed an offence for which they have been charged If there are multiple charges, the offender can plead guilty to some or all If it accused plates guilty during pre-trial then a trial will not be conducted if accused pleads guilty during trial and the plea is accepted. The accused will proceed to sentencing and trial is adjourned. The earlier the guilty plea, the more lenient the sentence will be as the offender is being rewarded for accepting responsibility and saving judicial resources

Answer 30

An account written by people directly and indirectly impacted by the offence This account provides insights into the physical, emotional and economic effects of the offence The statement can inform the judges decision and impact the severity of sentencing Victim has the right to provide the quote with a victim impact statement statement is given voluntarily

Answer 31

Specialist court that can impose drug and alcohol treatment order on offenders who commit crimes, whilst under the influence of drugs or support a drug habit Established in 2002 as division of magistrates Court, (Melbourne, Dandenong Ballarat, Shepparton) and has expanded to be a division of county court To be eligible the offender must: Residing in an area service by the drug court Guilty to the offence Be dependent on drugs and alcohol that contributed to their offending Facing an immediate term of imprisonment, not exceeding two years in the magistrates court or four years in the county court Be facing charges that are not sexual offences or involve the infliction of actual bodily harm Note: must be screened to determine whether they are suitable to participate in the DATO program

Answer 32

Aimed a rehabilitation by providing a judicially supervised therapeutically oriented treatment program. There are two parts: 1. Treatment and supervision Core conditions: Not commit offence, punishable by imprisonment, report to and accept visits from relevant officers, give notice of change of address, not leave without permission Program conditions: Submit to testing attend to vocational or educational programs, attend medical or psychological treatment, not associate with specified people, reside in a specified place 2. Custodial Drug court bust pose an imprisonment sentence, not exceeding two years magistrates) or four years (county) This sentence is deferred while the offender undergo treatment and supervision. Drug court has the power to reward offenders who have been compliant Failure to comply may result in other sanctions such as unpaid community work or activation of the custodial sentence for a short period of time(max 7 days) the DATO could also be cancelled if the offender is unwilling to participate

Answer 33

A division of the magistrates court, County Court and children’s court that operates as a sentencing court for FNP The process is less formal than a traditional court and encourages open dialogue between the parties. Elders respected persons and family members are empowered to contribute to the discussion. The magistrate or judge is the ultimate decisionmaker, and has the same sensitive options available as a relevant court To be eligible: Be a first nations person Plead guilty to the offence Consent to the case being dealt with by the Koori court Facing charges that are not sexual offences

Answer 34

A method used in the magistrate and children’s court to direct offenders away from the criminal justice system, and avoid a criminal record. Intended for first time offenders on low risk, people who have committed summary offences To be eligible: Have committed a summary offence or indictable offence, triable summarily Acknowledge responsibility for the offence to the court Be considered appropriate to participate by the court Consent to the program Be facing a charge that does not have a minimum or fixed sentence (e.g suspension of licence) Process: The onus is on the offender. to ask for a diversion. If the court agrees, the offender is redirected from the sentencing court and placed on a diversion plan. The proceeding is adjourned for up to 12 months to enable them to participate. The plan may include: Obtained drug and alcohol treatment, or engage with counselling Write an apology letter to the victim Undertake educational course Make a donation to charity or complete community works If successful, the defendant does not have to put a plate if unsuccessful, the offender sentenced accordingly

Sanctions Flashcards

(61 cards)