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Sanctions Flashcards

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1
Q

What are the roles of police in crime prevention?

A

Strategies and actions aimed at deterring or reducing crime, including:
* Patrolling areas
* Maintaining a presence
* Driving on roads
* Engaging in community education

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2
Q

What is crime investigation?

A

The process undertaken by the police to gather facts and evidence that can lead to the prosecution of the accused and justice for victims.

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3
Q

What activities are involved in crime investigation?

A

Activities such as:
* Interviewing witnesses
* Interviewing victims about incidents
* Searching crime scenes

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4
Q

What is crime prosecution?

A

The process of initiating and conducting criminal proceedings against an accused person of a crime.

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5
Q

What does the crime prosecution process generally involve?

A

Involvement of courts, such as:
* Cursing accused persons
* Charging people with offences

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6
Q

What is the focus of the Australian Federal Police?

A

Investigating and enforcing criminal law at a federal level, focusing on:
* Transnational crime
* Serious and complex organized crime
* Terrorism

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7
Q

What are delegated bodies?

A

Entities that share responsibility in specific areas granted by an act of Parliament.

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8
Q

What powers do delegated bodies have?

A

They have the power to enter workplaces and enforce regulations, such as:
* Local councils can enforce laws against:
* Parental violations
* Uncontrolled animals
* Illegal construction

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9
Q

Fill in the blank: Crime prevention strategies aim to _______ or reducing crime.

A

[deter]

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10
Q

True or False: Crime investigation only includes searching crime scenes.

A

False

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11
Q

Fill in the blank: The process of initiating criminal proceedings is known as _______.

A

[crime prosecution]

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12
Q

What is the general role of law enforcement institutions like the police?

A

To use investigative and prosecution powers, generally through the courts

This includes balancing institutional powers against the rights of individuals.

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13
Q

Where are police powers of arrest and questioning outlined in Victoria?

A

In the Crimes Act 1958 (VIC)

This act details the circumstances under which police can arrest and question individuals.

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14
Q

What act governs prosecution powers in Victoria?

A

Criminal Procedure Act 2009 (VIC)

This act outlines the procedures for criminal prosecutions.

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15
Q

What legislation covers imprisonment powers in Victoria?

A

Corrections Act 1986 (VIC)

This act governs the powers related to the imprisonment of individuals.

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16
Q

What are individual rights in the context of being charged with a crime?

A

Freedoms and entitlements a person has when charged or prosecuted for a criminal offense

These rights are crucial for ensuring fair treatment in the legal process.

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17
Q

What are the police arrest powers prior to court?

A

Arrest a person found committing an offense, obtain name and address, enter premises, stop and search, use force under certain circumstances

These powers allow police to act swiftly in preventing crime.

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18
Q

What rights do individuals have upon arrest prior to court?

A
  • Right to remain silent
  • Informed of reason for arrest
  • Released unconditionally or on bail within a reasonable time
  • Right to make a phone call
  • Right to qualified interpreter
  • Cannot be questioned without a parent or guardian present

These rights protect individuals during the arrest process.

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19
Q

What powers do courts have regarding evidence during a trial?

A

Decide on admissibility of evidence, grant or withhold bail, determine and impose appropriate sanctions

Courts play a critical role in ensuring that trials are conducted fairly.

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20
Q

What rights do individuals have during a trial?

A
  • Right to remain silent
  • Right to be tried without unreasonable delay
  • Right to legal representation
  • Right to an impartial judge and jury

These rights are essential for a fair trial.

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21
Q

What type of evidence is considered inadmissible in court?

A

Hearsay evidence

Hearsay is typically not allowed because it is not directly observed or verified.

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22
Q

What is the role of courts in managing a criminal case if the accused pleads not guilty?

A

Courts provide specialization and expertise in the type of case they are hearing.

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23
Q

What types of proceedings may courts hear for indictable offenses?

A

Committal proceedings.

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24
Q

What happens if an accused pleads guilty in a committal proceeding?

A

The case may be sent to be heard summarily if requirements are met.

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25
What is the purpose of a committal hearing?
To determine whether there is sufficient evidence to support a conviction in a higher court.
26
What is a prima facie case?
A case established at first glance based on sufficient evidence.
27
What are the general functions of a committal hearing?
* Filter out weak cases * Ensure judicial resources in higher courts are used efficiently.
28
What courts have original jurisdiction?
* Magistrates' Court * County Court * Supreme Court.
29
What is the appellate jurisdiction?
The authority to hear appeals from lower courts.
30
What types of cases are typically heard in the Supreme Court?
* Serious assault * Armed robbery * Manslaughter.
31
What is the function of the magistrate in a committal hearing?
To determine whether there is sufficient evidence for a conviction.
32
True or False: The Supreme Court has original jurisdiction for all types of cases.
False.
33
Fill in the blank: The _______ Court hears appeals from the Magistrates' Court.
Supreme
34
What is the significance of a verdict on a question of law or fact?
It determines the guilt or innocence of the accused.
35
What is meant by 'appellate jurisdiction'?
The court's authority to review decisions made by lower courts.
36
What is a 'question of fact' in a legal context?
It refers to the credibility or occurrence of facts in a case.
37
What types of cases do committal proceedings filter out?
Weak cases.
38
What is the role of judges in an appellate court?
To hear appeals and review the decisions of lower courts.
39
What is the typical outcome of a committal hearing if the accused pleads not guilty?
The case may proceed to a higher court for trial.
40
What is a jury?
A group of randomly selected people who deliver a verdict in a trial based on evidence presented in court.
41
What governs jury composition in Victoria?
The Juries Act 2000 (Vic).
42
How many jury members typically deliberate a case?
12 jury members.
43
What is the purpose of having three extra jurors empaneled?
To sit in reserve for lengthy trials in case a jury member must withdraw.
44
What is the minimum age for jury eligibility?
18 years old.
45
What are the categories of jury eligibility?
* Disqualified * Ineligible * Excused
46
Who is disqualified from serving on a jury?
Individuals sentenced to a term of imprisonment for three years or more.
47
Who is ineligible to serve on a jury?
Judges, magistrates, lawyers, police officers, and members of parliament.
48
What does it mean to be excused from jury service?
Unable to serve due to difficult circumstances.
49
What are some examples of difficult circumstances that may excuse someone from jury service?
* Illness * Advanced age * Caregiver responsibilities
50
How many peremptory challenges does each party have during jury selection?
Three peremptory challenges.
51
What type of challenges can both parties make during jury selection?
An unlimited number of challenges for cause, with reasons provided.
52
What is the primary role of a criminal jury during a trial?
To concentrate during the trial, listen to evidence, and render a verdict.
53
What verdict options does a jury have?
* Guilty * Not guilty
54
What is required for a jury to reach a unanimous verdict?
All jurors must agree.
55
What happens if a unanimous verdict is not reached?
The judge may accept a majority verdict.
56
What is a potential outcome if there is a hung jury?
A retrial may be ordered.
57
What is punishment?
Penalizing the offender and holding them accountable when they have done something unacceptable. ## Footnote Punishment is meant to ensure retribution for victims and discourage revenge motives.
58
What is prosecution?
Achieved by removing offenders from society. ## Footnote Prosecution ensures that offenders do not pose a threat to the welfare of their victims or society.
59
What are the implications of longer sentences?
They pose a threat to society. ## Footnote Longer sentences can serve as a deterrent for potential offenders.
60
What does denunciation refer to?
Publicly criticizing and expressing disapproval of criminal behavior. ## Footnote Denunciation helps to reinforce societal standards and highlight violations of laws.
61
What is deterrence in the context of crime?
Aims to prevent an offense from occurring. ## Footnote Deterrence can be general or specific in nature.
62
What is specific deterrence?
Aims to discourage an individual offender from committing future crimes. ## Footnote Specific deterrence focuses on the individual rather than society as a whole.
63
What is general deterrence?
Aims to discourage the general public from committing similar offenses. ## Footnote General deterrence seeks to prevent crime on a broader societal level.
64
Fill in the blank: The aim of _______ is to prevent an offense from occurring.
[deterrence]
65
True or False: Denunciation serves to reinforce societal standards.
True
66
What is the role of punishment in relation to victims?
Ensures retribution for victims and discourages revenge motives. ## Footnote Punishment is intended to provide a sense of justice to victims and their families.
67
What are aggravating factors?
Circumstances that can increase an offender's culpability and lead to a more severe sanction. ## Footnote Examples include pre-planned or premeditated crimes, degree of brutality, and unprovoked attacks.
68
Give examples of aggravating factors.
* Pre-planned or premeditated crimes * Degree of brutality or cruelty * Unprovoked attacks * Offender's prior convictions
69
What are mitigating factors?
Circumstances that can decrease an offender's culpability and may lead to a reduced sentence. ## Footnote Examples include genuine remorse, crime resulting from provocation, and cooperation with law enforcement.
70
Provide examples of mitigating factors.
* Genuine remorse * Crime is a result of provocation * Limited or no prior criminal activity * Cooperation with the police
71
What is a guilty plea?
Occurs when a person admits that they committed an offense and accepts the consequences. ## Footnote This can lead to reduced sentences in some cases.
72
What happens if a person pleads guilty?
They may receive a lesser sentence compared to a trial outcome. ## Footnote The guilty plea can influence the sentencing process positively for the offender.
73
True or False: Multiple charges can complicate a guilty plea.
True
74
What is the impact of victim impact statements?
They provide insight into the physical, emotional, and economic effects of the offense on the victim. ## Footnote Victim impact statements are considered during sentencing.
75
What can a victim impact statement indicate?
The severity of the impact on the victim and can influence the severity of the sentence. ## Footnote A strong victim impact statement can lead to increased sentences for offenders.

Legal Studies (4 decks)

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