topic 3 and 4

Question 1

what are the pre-trial procedures (steps)

Answer 1

1. investigating and charging the accused
2. collection of evidence and plea
3. committal process

Question 2

purpose of the pre-trial procedures

Answer 2

to see if there’s enough evidence to go to trial, give the opportunity to plea, make sure they get a fair trial

Question 3

what is a plea negotiation

Answer 3

the defendant pleas guilty in order to receive a lesser sanction

Question 4

when does a plea negotiation occur

Answer 4

at any time during a trial, the earlier, the more lenient the sanction

Question 5

what happens in a committal hearing

Answer 5

parties present evidence and case and magistrate decides whether or not there is enough evidence to go to trial

Question 6

what are the benefits of pre trial procedures

Answer 6

they save the courts time, money and the need for a jury, it also allows for an early guilty plea

Question 7

what happens in a trial (process)

Answer 7

opening statements from both parties, witnesses are questioned (both parties), closing statements, jury considers evidence and decides the facts, come up with a verdict (guilty, not guilty or hung jury)

Question 8

what happens after a trial (if guilty)

Answer 8

victim impact statement collected, judge decides sanctions

Question 9

what is the purpose of a trial

Answer 9

to determine the guilt or not of the accused and allocate sanctions accordingly

Question 10

what role does evidence play in a trial

Answer 10

evidence supports the cases of each party, gives strength and credibility to the arguments

Question 11

which types of evidence are inadmissable

Answer 11

hearsay evidence, irrelevant evidence and improperly obtained evidence

Question 12

what is hearsay evidence and why is it inadmissible

Answer 12

second hand news is inadmissible as middle person may have misheard or were told a lie

Question 13

what is irrelevant evidence and why is it inadmissible

Answer 13

not relevant in the trial as it may distract jury

Question 14

what is improperly obtained evidence

Answer 14

police power was abused to obtain evidence, accused hasn’t been given their rights, searches need to be legal

Question 15

what is the role of a juror

Answer 15

to listen to the evidence given, decide the facts and decide if the accused is guilty or not beyond reasonable doubt, must be unanimous

Question 16

when is a jury used and how many jurors

Answer 16

in cases where the offence is indictable, 12 jurors and in some civil cases, 6 jurors

Question 17

what cant a jury do

Answer 17

do their own research, try to persuade other jurors, tell anyone about deliberations

Question 18

when aren’t jurors effective

Answer 18

jurors are regular people and don’t understand complex law terms

Question 19

when are jurors effective

Answer 19

they are able to look at a case objectively without prior knowledge, only the facts

Question 20

what is culpable driving and examples

Answer 20

when driving fell below the required standard of driving, the driver is under the influence, driving without a licence and/or excessive speed

Question 21

what is dangerous driving

Answer 21

the driver disobeys road rules even though they might cause an accident, dangerous to the public

Question 22

maximum penalty for culpable driving

Answer 22

20 years imprisonment

Question 23

maximum penalty for dangerous driving

Answer 23

2 years imprisonment

Question 24

purposes of sanctions (5)

Answer 24

deter, protect, denounce, punish and rehabilitate

Question 25

what does deter mean

Answer 25

discourage the offender from committing the crime again (specific) and deter others in the community from committing the crime (general)

Question 26

what does protect mean

Answer 26

protect the community from the offender to ensure they are not a risk of being the next victim

Question 27

what does denounce mean

Answer 27

shows the disapproval of the court, often applies to new crimes so court can send the message that they dont tolerate these crimes

Question 28

what does punish mean

Answer 28

revenge against the offender for victims/society, punishes offenders for their crimes

Question 29

what does rehabilitation do

Answer 29

assists offenders to change attitudes

Question 30

how is the effectiveness of the sanctions measured

Answer 30

if sanctions are effective, recidivism rates will decrease and eventually so will crime rates

Question 31

what is recidivism

Answer 31

the amount of offenders who re offend

Question 32

what are the possible sanctions awarded to crimes

Answer 32

fines, community correction orders, diversion, imprisonment

Question 33

what is a fine and what is it measured in

Answer 33

most common penalty, measured in penalty units, 1 penalty unit is worth $197, fines can be given with or without conviction (record)

Question 34

who can fines be issued by

Answer 34

the court or police/authorised government officials (myki inspectors)

Question 35

what are fines given for

Answer 35

speeding, parking offences, drinking in public

Question 36

what is a community correction order and what does it do

Answer 36

supervised sentence served in the community, compels someone to do something or stops someone from doing something

Question 37

what are some cco's given

Answer 37

community service, counselling, attend addiction meetings

Question 38

what are the terms of a cco

Answer 38

crime cant be too serious, offender has to agree and the offender must co operate

Question 39

what would a cco be given for

Answer 39

drunk in public (repeatedly), drink driving,

Question 40

how is a cco different to imprisonment

Answer 40

sentence is supervised and served in the community, they can still have some freedoms (going home) unlike prison

Question 41

what causes sanctions to vary for the same offence

Answer 41

aggravating and mitigating circumstances including prior convictions, poor circumstances growing up

Question 42

what is youth diversion

Answer 42

an alternate sanction for eligible youth to accept responsibility, complete a diversion program, have charges dropped and avoid a record

Question 43

who is eligible for a youth diversion program

Answer 43

must be a first time offender, a minor crime, under 18 and acknowledge their wrong doings

Question 44

what is the purpose of youth diversion

Answer 44

aims to lower recidivism by addressing reasons behind offence and gives an opportunity to avoid a criminal record

Question 45

what must the participant of a youth diversion do

Answer 45

admit to their offence, write a letter of apology, undergo an educational intervention (attendance/re engage), participate in an activity to address health/well being (counselling), engage in structured activity to promote social engagement (sport, art, cadets)

Question 46

what is imprisonment

Answer 46

imprisonment sentences the offender to a period of time in prison, removing all civil liberties

Question 47

why is imprisonment the last option

Answer 47

it is expensive, it is difficult to re enter society after being imprisoned

Question 48

last time the death penalty was used in australia details

Answer 48

in 1967, ronald ryan, pentridge prison

Question 49

where is the death penalty still used

Answer 49

china, some US states, indonesia, iran

Question 50

why was the death penalty banned in australia

Answer 50

many believed it was inhumane, didn't give people a chance to defend their innocence, changing political and social views

Question 51

what is an adversarial trial

Answer 51

a contest between two teams in front of an impartial adjudicator to resolve conflicts

Question 52

how does an adversarial trial work

Answer 52

dispute isn't controlled by judge, only defined by the parties, not commonly used

Question 53

what does a judge do in an adversarial trial

Answer 53

ensures rules of evidence and procedure are followed, the 'umpire'

Question 54

what is an inquisitional trial

Answer 54

the court (judge) is actively involved in proof of facts by investigating the case, parties only question after judge is finished