U3 AOS1 Flashcards
(142 cards)
1
Q
What are the two key purpose of the criminal justice system?
A
- To decide whether an accused is guilty or not guilty
- To impose a sanction when an accused is found guilty
2
Q
What is statute law?
A
Law made by parliament
3
Q
What is common law?
A
Law made by the courts when there is no applicable law
4
Q
What are the parties in a criminal case?
A
The prosecution and the accused
5
Q
What are summary offences?
A
Minor crimes that are heard in the Magistrate courts.
6
Q
What are indictable offences?
A
Severe crimes that are heard in a higher court in a trial.
They are also heard by a jury.
7
Q
What determines whether an indictable offence can be heard summarily?
A
Statutes
8
Q
Why would an accused chose to have their indictable offence heard summarily?
A
It is cheaper, faster and the maximum sentence a magistrate can give is 2 years for a single offence and 5 years for multiple offences.
9
Q
What are committal proceedings?
A
When an accused has been charged with an indictable offence and pleads not guilty, committal proceedings take place in the magistrate court and a committal hearing takes place at the end.
10
Q
What is a committal hearing?
A
Where the magistrate decides if their is sufficient evidence to support a conviction at trial.
If the magistrate does find sufficient evidence - the accused is committed to stand trial in a higher court.
If the magistrate does not find sufficient evidence - they are discharged and allowed to go free.
11
Q
What is the burden of proof?
A
The burden of proof refers to which party has the responsibility to prove the facts of the case and the guilt of the accused.
12
Q
In a criminal case, who has the burden of proof?
A
The prosecution
13
Q
What is the standard of proof?
A
The strength of evidence required to prove a case.
14
Q
In a criminal case, what is the standard of proof?
A
Beyond reasonable doubt which means there is no doubt that exists in reference to the accused’s guilt based on evidence presented.
15
Q
What is the presumption of innocence?
A
The accused is considered innocent until proven guilty.
16
Q
How is the presumption of innocence upheld?
A
- Through having a high standard of proof (beyond reasonable doubt) which allows no innocent accused people to be wrongfully charged.
- Through having the right to remain silent therefore, if an accused person does not wish to speak, they are still considered innocent.
- Through the prosecution having the burden of proof so the accused does not have to prove their innocence.
17
Q
What are the main rights of the accused?
A
- The right to be tried without unreasonable delay
- The right to silence
- The right to trial by jury
18
Q
What is the main source of the the right to be tried without unreasonable delay?
A
The Human Rights Charter - section 21(5)
19
Q
What is the main source of the right to silence?/ what is it protected by?
A
Common law and Statute law - the Evidence Act 2008
20
Q
What is the main source of the right to trial by jury?
A
The Jury Act 2000 (Sect 22) and The Australian Constitution Act (section 80 Trial by jury)
21
Q
What does the right to be tried without unreasonable delay mean?
A
Accused in entitled to have their charges heard in a timely manner and if delays occur they must be considered reasonable.
A reasonable delay could be the prosecution needing more time for a case with multiple crime scenes, multiple accused people with few witness and multiple crimes.
22
Q
What does the right to silence mean?
A
The accused does not have to answer any questions other than your name and address (when questioned by a police officer) and does not have to give any information for an investigation of a crime.
23
Q
What does the right to trial by jury mean?
A
The accused is to be tried by a jury of 12 members in a criminal case.
24
Q
What are the main rights of a victim?
A
- The right to give evidence using alternative arrangements
- The right to be informed about the proceedings
- The right to be informed of the likely release date of the offender
25
What is the main source of the right to give evidence using alternative arrangements?
The Criminal Procedure Act (2009) Vic
26
What is the main source of the right to be informed about proceedings?
The Victim’s Charter
27
What is the main source of the right to be informed of the likely release date of the offender?
The Victim’s Charter Act 2006 (Vic) and the Corrections Act
28
What are the types of alternative arrangements for the right to give evidence using alternative arrangements?
- use of closed - circuit television
- use of screen between victim and accused
- use of support person
- only allowing certain people in the court room when evidence is presented
- legal practitioners may need to sit down when questioning
- legal practitioners may need to dress less formal
29
What does the right to be informed about the proceedings mean?
The victim should get certain information about the proceedings and justice system.
During the trial/hearing, the prosecution must inform the victim of all details.
30
What does the right to be informed of the likely release date of the offender mean?
The victim of a criminal act of violence may apply to be included on the Victims Register which then informs the victim details of the imprisoned offender including when they are likely to be released at-least 14 days prior to their release.
31
What are the 3 principles of justice?
Fairness, equality, access
32
What is the definition of fairness?
All people can participate in the justice system and its processes should be impartial and open.
33
How is the principle of justice fairness achieved?
- Through cases being heard in a timely manner
- Through the selection of the jury which each juror is elected randomly from the electoral role
- Through the presumption of innocence
- Opportunity to prepare a defence
- Victoria legal aid
- The right to silence
- The right to a fair trial
34
What is the definition of equality?
All people engaging with the justice system and its processes should be treated in the same way. However, measures should be placed to remove any disadvantages and allow all parties the same opportunities.
35
How is the principle of justice equality achieved?
- Translators
- Same levels of support
- All parties are given same level of information
- Changes for cultural differences
- Breaks/ flexibility for those who need frequent breaks
- Providing information in a different way
36
What does access mean?
All people should be able to engage with the justice system and its processes on an informed basis.
37
How is the principle of justice access achieved?
- Multiple courts in an area
- Victoria legal aid
- Online services
- Legal centres
- Right to be informed about the proceedings
38
What is Victoria Legal Aid?
VLA is a government agency that provides free legal information, legal advice and legal representation for people who cannot afford to pay for a lawyer.
39
What are the types of assistance for accused people in VLA?
- Free legal information
- Free legal advice
- Duty lawyer services
- Grants of legal assistance
40
Explain the assistance for accused people - free legal information:
VLA’s website has free information about the law, court processes and basic legal principles. This assistance is available in other languages as well and is available to all Victorians.
- Achieves access
41
Explain the assistance for accused people - Free legal advice:
VLA offers advice in person or by video conference or over the phone. This advice consists of what happens in court or about the law that applies to the case.
Access will depend on the accused’s income and is given only to those who need it most.
VLA Help Before Court service is also available to be people with an offence in the Magistrates’ or Children’s court.
42
Explain the assistance for accused people - Duty lawyer services.
A duty lawyer is a lawyer who is at the Magistrates court on a particular and can help accused people with a hearing on that day. Duty lawyers offer information, advice and representation.
Access is only granted to accused people that satisfy the income test (a test that measures the accused income to make sure it is limited).
- Achieves equality and access
43
Explain the assistance for accused people - Grants of legal assistance:
When a person cannot afford a lawyer, VLA may be able to give a grant of legal assistance (pay for the accused). This may include helping the accused resolve a dispute, preparing legal documents and representation in court through a VLA lawyer or a lawyer on VLA’s panel of practitioners.
Access is only granted to accused people that satisfy the means test (a test that takes the applicants income, asserts and expenses into account).
44
What are the types of assistance provided to victims through VLA?
- Free legal information
- Free legal advice
- Duty lawyer services
- Grants of legal assistance
45
Explain the assistance for victims - free legal information:
VLA’s website has free legal information about the law, court processes and basic legal principles. This includes information about going to court as a witness, making applications in relation to family violence and how to obtain financial assistance.
VLA also launched its Victims legal services in 2023.
46
Explain the assistance for victims - Free legal advice:
The Victims legal service provides free legal advice and support to victims about how to make an application for financial assistance or compensation from the offender. The advice is limited to only being about financial compensation.
It is available to all victims seeking assistance with financial compensation.
47
Explain the assistance for victims - Duty lawyer services:
VLA provides duty lawyer services to victims who are seeking a personal safety intervention order and also provide advice & info to help the victim understand the matter they are facing, how to represent themselves and where to access services.
Duty lawyers are only available to victims who are the most in need.
48
Explain the assistance for victims - Grants of legal assistance:
VLA can provide a grant of legal assistance for victims applying for family violence protection order or personal safety intervention order.
This is available to victims who satisfy the reasonableness test (a test that considers the advantages and disadvantages the grant may give to the person or the public)
49
What are the strengths of VLA?
- Free legal information is available to everyone on their website achieving access and equality.
- Free legal information achieves fairness as it allows the accused a better understanding of the legal processes and the ability to participate.
- Duty lawyers and representation removes the disadvantages and allows all parties the same opportunities achieving equality.
50
What are the weakness of VLA?
- Duty lawyers are only available to people charged with summary offences in the Magistrates court therefore people charged with indictable offences do not have access to this service not achieving equality or access.
- Individual's must satisfy the income test to access duty lawyers, limiting equality and access.
- Individual's must satisfy the means test to acces grants of legal assistance, limiting equality and access.
- VLA has limited resources therefore not everyone is able to access certain assistance not achieving access.
51
What are community legal centres?
Independent organisations that provide free services including information and onging assistance and representation to people.
52
What are the types of community legal centres?
- Generalist CLCs = provides legal services to people in a particular geographical area.
- Specialist CLCs = focuses on a particular group of people or area of law.
53
What are the types of assistance for accused people in CLCs?
- Basic legal information
- Legal advice and assistance
- Ongoing casework
54
Explain the assistance to accused people in CLCs - basic legal information:
CLCs provide basic legal information on a day to day basis and also provide basic legal education.
55
Explain the assistance to accused people in CLCs - Legal advice and assistance:
CLCs provide advice and assistance such as writing short letter and completing forms. They also help people apply for a grant of legal assistance from VLA.
56
Explain the assistance to accused people in CLCs - ongoing casework:
Some CLCs will provide casework or assistance for an accused which includes ongoing legal representation and assistance.
Each CLC has their own eligibility requirements and most do not offer assistance for indictable offences.
57
What are the types of assistance provided for victims in CLCs?
- Basic legal information
- Legal advice and assistance
- Duty lawyer services
- Ongoing casework
58
Explain the assistance to victims in CLCs - Duty lawyer services:
Some CLCs provide duty lawyer services for victims seeking a family violence protection order or a personal safety intervention order.
59
Explain the assistance to victims in CLCs - Ongoing casework:
Some CLCs will provide ongoing casework/assistance such as legal representation. Each CLC has their own eligibility requirements. Much of the casework will be in relation to an application for financial assistance or protection orders.
60
What are the strengths of CLCs?
- Free legal information is available on CLCs websites achieving access.
- Providing duty lawyers removes disadvantages achieving equality
- CLCs help educate the community and ensure a better understanding achieving fairness.
61
What are the weaknesses of CLCs?
- CLCs have insufficient fundings and are not able to help everyone, not achieving access or equality.
- Many CLCs do not assist people charged with indictable offences not achieving access or equality.
- CLCs do not have enough staff not achieving access.
62
What is a plea negotiation?
Plea negotiations are pre-trial discussions between the prosecution and the accused, aimed at resolving a case by agreeing on the charges against the accused.
63
What are examples of an agreement that a plea negotiation could reach?
- The accused pleads guilty to fewer charges, with the remaining charges being dismissed
- The accused pleads guilty to a lesser charge
- The accused pleads guilty to a charge but an agreement is reached on the facts which the plea is based.
64
Do plea negotiations determine the sentence?
Plea negotiations do not determine the sentence - the court will be informed of the charges the accused pleaded guilty to and will decide the sanction. The accused does not have to go to trial after a plea negotiation is successful.
65
What are the purposes of plea negotiation?
- To ensure a certainty of the outcome of a criminal case (removes the risk of acquittal)
- To save costs, time and resources
- To achieve a prompt resolution to a criminal case without the stress, trauma or inconvenience of a criminal trial/hearing.
66
What are considerations of the appropriateness of plea negotiations?
- Cooperation (of the accused with the police)
- Strength of evidence (weak or strong?)
- Willingness of the accused to plead guilty
- Whether the accused is represented (self represented parties are inappropriate as they lack understanding)
- Whether the witness are reluctant or unable to give evidence
- The possible negative consequences of a trial
- Time and expenses
- The views of the victim ( the prosecutor should consult the victims and take their views into account.)
67
What are the strengths of plea negotiations?
- Negotiations are available over the phone, email, letter or face to face achieving access.
- Negotiations are available to all accused achieving access and equality.
- The prosecutor will consult with the victims about the plea negotiation achieving access and fairness.
- Negotiations are conducted on a ‘without prejudice basis’ so the information cannot be used against the accused if the negotiation fails, achieving fairness.
68
What are the weaknesses of plea negotiations?
- Self represented parties are less likely to get a plea negotiation, not achieving equality.
- The negotiation may be seen as the prosecutor avoiding the need to prove the case, beyond reasonable doubt, which is a fundamental principle of the justice system and upholds the presumption of innocence, not achieving fairness.
- Plea negotiations may result in a lesser charge or sentence which is unfair to the victim, not achieving fairness.
69
What are the courts in the Victorian Court hierarchy?
1. Magistrates’ Court
2. County Court
3. Supreme Court Trial Division
4. Supreme Court, Court of Appeal
70
What is jurisdiction and what are the types of jurisdiction?
Jurisdiction is the lawful authority/power of a court to hear and decide on legal cases.
The types of jurisdiction are:
Original jurisdiction = the power of a court to hear a case for the first time.
Appellate jurisdiction = the power of a court to hear a case on appeal in which a decision is being reviewed or challenged on a particular ground.
71
What is the jurisdiction of the Magistrates’ Court?
Original jurisdiction:
- Summary offences (theft, drink driving, burglary)
- Indictable offences heard summarily
- Committal proceedings
- Bail applications
- Warrant applications
Appellate jurisdiction:
- None
72
What is the jurisdiction of the County Court?
Original Jurisdiction:
- Less severe indictable offences (aggravated assault, sexual offences, armed robbery, aggravated burglary)
Appellate Jurisdiction:
- Appeals from the Magistrates’ Court on questions of fact or sanction.
73
What is the jurisdiction of the Supreme Court Trial Division?
Original Jurisdiction:
- More severe indictable offences (murder, attempted murder, rape, corporate offences)
Appellate jurisdiction:
- Appeals from the Magistrates’ Court on questions of law
74
What is the jurisdiction of the Supreme Court, Court of Appeal?
Original Jurisdiction:
- None
Appellate Jurisdiction:
- Appeals from County Court on questions of law, fact or sanctions.
- Appeals from Supreme Court on questions of law, fact or sanctions.
- Appeals from the Magistrates’ Court where the Chief Magistrate decided the case.
75
What are the purposes of a court hierarchy?
- Specialisation = Each court has been able to develop their own areas of expertise or specialisation as each court has their own original jurisdiction. Specialisation allows matters to be dealt with quickly and allows the Magistrate/Jurisdiction to be knowledgeable and impartial.
- Appeals = If a party is dissatisfied with a decision in a criminal case, they can take the matter to a higher court to challenge the decision.
Appeals can be made on questions of law, fact or sanction.
76
What are the strengths of a court hierarchy?
- Having the opportunity to appeal allows parties to continue to engage with the justice system, achieving access.
- All parties have the opportunity to apply for an appeal, achieving equality.
- Appeals ensure fairness, as it corrects any mistakes in the original decisions.
- Specialisation reduces delays and saves time, achieving access.
- Specialisation ensures fairness as each Judge is knowledgeable in their courts’ area/expertise causing them to be impartial.
77
What are the weaknesses of a court hierarchy?
- It is hard to access and achieve an appeal, not achieving access
- Appeals are time consuming, creating delays, not achieving access.
78
Who are the key personnel in a criminal case?
The Jude/Magistrate, the jury and the parties.
79
What are the differences between the Judge and Magistrate?
- Judges hear cases in the higher courts (County and Supreme Courts) whereas Magistrate hears cases in the Magistrate Court.
- Judges hear indictable offences/trials whereas the Magistrate hears summary offences/hearings & committal proceedings
- Judges decide only sanction whereas Magistrate decides the verdict and sanction.
80
What is the role of the Judge and Magistrate?
- Act impartially
- Manage the trial or hearing
- Decide the sanctions
- Decide the verdict (Only magistrate)
- Sentence the offender (must follow the sentencing guidelines in the sentencing Act 1991 Vic)
81
What are the strengths of having a Judge and Magistrate?
- By managing the trial/hearing, they make sure the correct court procedure is followed so both parties have an equal opportunity to present their case, achieving equality.
- By having the role to act impartially, they must be unbiased, achieving fairness.
- Judges give directions and summaries to the jury to ensure a fair trial.
- Judges/Magistrates are experts in their field so they are able to make fair decisions.
- The law is explained to the jury by the Judge, achieving access.
82
What are the limitations of having a Judge and Magistrate?
- Judges have limitations in assisting a party who is self-representing, limiting equality for those who cannot afford legal representation.
- There is room for potential bias however this is a small weakness because they are highly trained, limiting fairness.
83
What is the jury?
A criminal trial has a jury of 12 jurors that are randomly selected from the electoral role and must decide the verdict of the accused. The jury must come to a unanimous decision.
84
What are the roles of the jury?
- Be objective (must be unbiased and bring an open mind)
- Listen and remember the evidence
- Understand directions and summing up
- Deliver a verdict (they must reach a unanimous verdict)
85
What are the strengths of the jury?
- Jurors are randomly chosen from the electoral role, ensuring fairness.
- All accused people charged with indictable offences are entitled to a trial by jury, ensuring equality
- Juries must come to a unanimous verdict, ensuring fairness
- Juries ensure less legal jargon, promoting access for self-represented parties.
86
What are the limitations of a jury?
- Legal cases are complex and legal terminology can be hard to understand, limiting access
- Some individuals are ineligible or disqualified from jury service, limiting equality.
- Juries can create delays as they all might not agree, limiting access for the accused.
87
What are the parties in a criminal case?
The prosecution and the accused
88
What is the prosecution?
The party bringing the criminal case to court.
89
What are the roles of the prosecution?
- Disclose information to the accused (the accused must be informed about the evidence and any material relevant)
- Participate in the trial/hearing (the prosecution presents the case and evidence)
- Make submissions about sentencing (plea hearing after the accused is found/pleads guilty)
90
What is the accused?
The party who has been charged with a criminal offence.
91
What are the roles of the accused?
- Participate in the trial/hearing (has the opportunity to present a defence)
- Make submissions about sentencing (the offender can try to obtain the less possible sentence available based on the facts and information about the offence)
92
What are the strengths of the parties?
- Both parties have the opportunity to present their cases, achieving equality.
- The prosecution has the burden of proof, protecting the presumption of innocence, achieving fairness
- The accused has the choice to present a defence or remain silent, achieving access
- Disclosing information to the accused allows the accused to engage on an informed basis, achieving access
93
What are the limitations of the parties?
- The processes are complex and difficult to understand without a lawyer, making it difficult for self representing parties, limiting access, fairness and equality.
94
Why do we need legal practitioners?
- Essential for upholding the law
- Self-represented parties lack the skills and experience to navigate the criminal justice system and test the evidence.
- Self-represented parties lack objectivity to be able to make the right decision.
- It can be traumatic for the accused to be directly questioned by the prosecution.
- It allows the accused to access justice to a better extent.
95
What are the types of legal practitioners?
- Solicitors
- Barristers
96
What are solicitors?
Legal practitioners involved in the preparation work before court.
97
Why do we need solicitors?
- Provide legal advice, negotiation and documents.
- To represent clients in court.
98
What are barristers?
Legal practitioners formally trained in court advocacy and cross-examining witnesses.
99
Why do we need barristers?
- To provide legal advice to the client
- Specialists in court rooms - allowing them to present evidence, cross-examine witnesses and deliver arguments.
- Solicitors will engage with Barristers to provide legal strategies and specialist knowledge.
100
What can the court do - relating to legal representation?
Can give a court order for legal representation. The Criminal Procedure Act 2009 (Vic) gives the courts power to adjourn a trial for serious offences until legal representation from VLA has been provided.
The court must be satisfied that the accused would not be able to receive a fair trial without representation and cannot afford to pay for a lawyer.
101
What are the strengths of legal practitioners?
- Legal practitioners help self-represented parties access justice to a better extent.
- Legal practitioners can help avoid delays that may arise due to self represented parties.
- Court order for legal representation ensures the accused a fair trial and equality.
102
What are the limitations of legal practitioners?
- Legal practitioners are expensive, limiting access (only a small weakness as VLA & CLCs offer free services)
- Not all legal practitioners have the same experience & knowledge, limiting equality.
- Legal practitioners cannot help certain people with language barriers, etc.
103
What are the factors that may impact the principles of justice in the criminal justice system?
Cost, time and cultural differences.
104
What is it meant by cost as a factor that may impact the principles of justice?
The main cost for the accused is the cost of legal representation, as many accused cannot afford it, leaving them self representing. This limits the principles of justice as self representing parties lack the necessary skills, experience and objectivity to navigate the system.
105
What measures address costs?
- VLA and CLCs provide free legal representation, however, they are limited in the number of people they can assist.
- Committal proceedings prevent unnecessary trials, saving costs for the accused and the courts. However, most cases go to trial therefore it is not very effective.
They also provide the accused the opportunity to plead guilty.
- Plea negotiations help avoid the need for trial as the accused pleads guilty.
106
What does it mean by time as a factor that may impact the principles of justice?
Under the Human Rights Charter, all accused have the right to be tried without unreasonable delay. However, there are court delays, depending on the complexity of the case.
Trial can also be very time consuming and take a long time.
107
What measures address delays?
- Plea negotiations remove delays by achieving an early guilty plea, avoiding the need for trial and determining the case faster.
- Temporary legislation for Judge-alone trials during the Covid-19 pandemic.
- Improvement in technology & increase in virtual hearings which reduces delays for people in remote locations and allows more cases to be heard.
108
What does it mean by cultural differences as a factor that may limit the principles of justice?
Cultural differences cause people to lack understanding and knowledge of the justice system and court processes.
109
What is an example of cultural differences as a factor that may limit the principles of justices?
Difficulties of First Nations People:
- language barriers (different use of certain words)
- direct questioning can be inappropriate
- body language (limited eye contact)
- cultural taboos (cannot speak about certain topics)
- lack of understanding of court procedures.
110
What is another example of cultural differences as a factor that may limit the principles of justice?
Language barriers.
People who speak another language as their first language may have difficulty understanding court documents, court processes and language used in a criminal case.
Everyone has the right to an interpreter/translator however there is not always one available.
111
What are the measures to address cultural differences?
- Information provided by VLA and some CLCs is available in different languages (but not all)
- All accused have the right to an interpreter/translator
- The Koori Courts (sentencing court for First Nations people) seek to address cultural differences faced by First Nations people.
112
What are sanctions?
A sanction is a penalty imposed by a court on a person guilty of a criminal offence.
113
What are the purposes of sanctions?
- Rehabilitation
- Punishment
- Deterrence
- Denunciation
- Protection
114
What is the purpose of sanctions - rehabilitation?
Rehabilitation aims to address the underlying causes of offending and prevent them from committing further offences.
115
What is the purpose of sanctions - punishment?
Punishment aims to penalise the offender to show society and the victims that criminal behaviour will not be tolerated and justice has been served. It also prevents victims and families from seeking personal vengeance.
116
What is the purpose of sanctions - deterrence?
There are 2 types of deterrence:
- General deterrence aims to discourage others from committing similar offences through seeing the consequence of committing the offence.
- Specific deterrence aims to discourage a particular offender from engaging in criminal activity in the future.
117
What is the purpose of sanctions - denunciation?
Denunciation refers to the disapproval of the courts and aims to show the community that the court and society disapproves & condemns the offenders conduct.
118
What is the purpose of sanctions - protection?
Protection aims to safeguard and the ensure the community is safe from any harm that can be caused by the offender.
119
What is the sanction - fines?
A fine is an amount of money ordered by the court to be paid by the offender to the state of Victoria.
120
When are fines appropriate and un-appropriate?
A fine would not be appropriate for level 1 crimes as they are very serious offences. However, a fine would be appropriate for a lesser crime.
121
How do fines achieve or not achieve the the purpose of sanctions - punishment?
Fines achieve punishment as it penalises the offender since the offender must pay an amount of money to the state, putting them at a financial loss.
Fines can not achieve punishment to those who are more financially secure since the fine may not impact them or punish them harshly or at all.
122
How do fines achieve or not achieve the the purpose of sanctions - Deterrence.
Fines achieve specific deterrence as they are likely to prevent the offender from reoffending as they do not want to be placed at a more significant financial loss. Fines also achieve general deterrence as the general public would not want to be faced with financial loss.
Fines can not achieve deterrence to those who are financially secure as they may not be concerned about money loss.
123
How do fines achieve or not achieve the the purpose of sanctions - Protection?
Fines do not achieve protection as it does not remove the offender from society and can not physically stop the offender from reoffending or causing more harm to society.
124
How do fines achieve or not achieve the the purpose of sanctions - Denunciation?
Fines achieve denunciation by removing something valuable to the offender (money) showing that their actions are unacceptable.
Fines can not achieve denunciation as fines may not align with public views and cause conflict/anger.
125
How do fines achieve or not achieve the the purpose of sanctions - Rehabilitation?
Fines do not achieve rehabilitation as it does not address the underlying causes of the offending.
126
What are community correction orders (CCOs)?
A community correction order is a non-custodial, supervised sentence served in the community with conditions attached to the order.
CCOs can only be imposed for an offence punishable by more than 5 penalty units and cannot be imposed for category 1 offences (murder, sexual offences, assault and drugs) or category 2 offences (manslaughter, kidnapping, arson, etc).
127
How do CCOs achieve or not achieve the purpose of sanctions - Punishment?
CCOs achieve punishment as they restrict where the offender can go and how long they can go out for which restricts their freedom causing a loss of liberty/freedom. They also generally do community work.
CCOs can not achieve punishment as the offender is not severely punished and still has little freedom.
128
How do CCOs achieve or not achieve the purpose of sanctions - Deterrence?
CCOs achieve deterrence through the mandatory conditions imposed can prevent the offender from reoffending and the loss of freedom can make the general public not want to offend.
CCOs can not achieve deterrence as they can be seen as a lesser sentence/sanction and dismiss it when committing the offence.
129
How do CCOs achieve or not achieve the purpose of sanctions - Denunciation?
CCOs achieve denunciation as the conditions imposed can send the message of disapproval as well as the length of the CCO.
CCOs can not achieve denunciation as CCOs are not severe, therefore a strong message is not usually sent.
130
How do CCOs achieve or not achieve the purpose of sanctions - Rehabilitation?
CCOs can achieve rehabilitation as treatment conditions imposed can help address and treat the underlying causes of the offending. Staying in the society can also help rehabilitate the offender as they have access to their support systems.
CCOs can not achieve rehabilitation if the offender is resilient/refuses to participate.
131
How do CCOs achieve or not achieve the purpose of sanctions - Protection?
CCOs can achieve protection as they are restrictions on where the offender can go and how long they can stay outside for.
CCOs can not achieve protection as the offender remains in the community and without an ankle monitor, they may be able to break the restrictions.
132
What is imprisonment?
Imprisonment involves being removed from society and having to spend time in prison, losing their freedom and liberty.
Imprisonment is most appropriate for severe indictable offences.
133
How does imprisonment achieve the purpose of sanctions - Punishment?
Imprisonment achieves punishment as it takes away the offenders freedom and liberty.
Imprisonment can not achieve punishment as some people may see prison as a better option as it has a bed, food and outside time.
134
How does imprisonment achieve the purpose of sanctions - Deterrence?
Imprisonment can achieve deterrence as longer sentences will discourage the offender and public from offending
Imprisonment can not achieve deterrence as if the offender has a particular illness or disability they might not understand the sanction so it may not serve as a deterrence.
135
How does imprisonment achieve the purpose of sanctions - Denunciation?
Imprisonment achieves denunciation as a longer sentence sends stronger messages and the terms of the imprisonment may be communicated to the public.
Imprisonment can not achieve denunciation as a short sentence may not send a strong message.
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How does imprisonment achieve the purpose of sanctions - Rehabilitation?
Imprisonment can achieve rehabilitation as there are programs that are available in the prisons to help rehabilitate the offenders,
Imprisonment can not achieve rehabilitation as imprisonment has been proven to have further negative impacts and increase the likelihood of offending. The offenders may also refuse to participate in the programs.
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How does imprisonment achieve the purpose of sanctions - Protection?
Imprisonment achieves protection as it removes the offender from society.
Imprisonment can not achieve protection as parole allows the offender to go back into society after a minimum sentence has been served. Also, after the sentence is over, it no longer protects society.
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What are the factors considered in sentencing?
- Aggravating factors
- Mitigating factors
- Guilty pleas
- Victim statement
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What are aggravating factors and how do they influence sentencing?
Aggravating factors are circumstances about the offender or the offence that tends to increase the offenders culpability.
Examples = use of a weapon, offence was premeditated, offence took place in front of a child, prior convictions, offence was because of hatred and prejudice.
Aggravating factors are likely to increase the severity of the sentence as it increases the offenders culpability.
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What are mitigating factors and how do they influence sentencing?
Mitigating factors are circumstances about the offender or the offence that may decrease the offenders culpability.
Examples = offender shows remorse, offender acted under duress, no prior criminal history, signs of rehabilitation, early guilty plea, etc
Mitigating factors are likely to decrease the severity of the sentence and lead to a reduction in the sentence as they decrease the offenders culpability.
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What is a guilty plea and how does it influence sentencing?
A guilty plea is when the offender pleads guilty, admitting guilt to the crime they have been charged with.
A guilty plea can lessen the sentence as it is a mitigating factor since a guilty plea saves the time, costs and stress of a trial. A guilty pleas also prevents trauma for the victim and families.
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What is a victim impact statement and how does it influence sentencing?
A victim impact statement is a statement stated or written by the victim about the impacts the offence had on them.
Victim impact statement is considered to asses the level of protection the victim may need from the offender and take their views into account.
This can both increase and decrease the severity of the sentence, depending on what the victim says and the impact the offence had on the victim.
A victim can speak of the trauma or harm they experienced or they can speak of forgiveness and rehabilitation.
