UNIT 1 AOS 3

Question 1

Punishment

Answer 1

penalise the offender, criminal behaviour is not tolerated.

Question 2

Protection

Answer 2

society safe, preventing offenders from harming again.

Question 3

Deterrence

Answer 3

discourage offenders and others in society from committing crimes due to consequences imposed.

General - general public
Specific - specific group of offenders

Question 4

Denunciate

Answer 4

demonstrate the community’s disapproval of the offenders actions.

Question 5

Rehabilitation

Answer 5

reform offenders to prevent them from committing crimes.

Question 6

Sanctions

Answer 6

Penalties imposed by courts to individuals who are guilty of a criminal offence.

Question 7

What are the 5 purposes of sanctions?

Answer 7

Punishment, Protection, Deterrence, Denunciate and Rehabilitation

Question 8

2 categories of sanctions

Answer 8

Custodial (removed from community), non-custodial (serves sanction in community)

Question 9

Fines

Answer 9

non-custodial sentence, form of monetary penalty

Question 10

Purpose of fine

Answer 10

Deter community from committing the crime.

Question 11

CCO sanctions

Answer 11

serve their time within the community

Question 12

Aggravating factors

Answer 12

increase a sentence

Question 13

Mitigating factors

Answer 13

reduces the sentence.

Question 14

Victoria Police

Answer 14

enforce and serve criminal law

Question 15

Delegated bodies

Answer 15

laws created by authorities (parliament granted legislative assembly)

Consumer Affairs, Environmental Protection Area, Local Councils.

Question 16

WorkSafe Victoria

Answer 16

Ensures health and safety for employees

Question 17

Stage of criminal cases

Answer 17

Arrest - Questioning - Bail - Court Proceedings - Imprisonment

Question 18

Individual rights

Answer 18

refuse to go to police station, must be informed of reason for arrest, must be brought before bail within reasonable time

Question 19

Powers and rights

Answer 19

Arrest without warrant - Refuse to say anything

Use force when arresting - Protected from unreasonable force

Examine a prisoner - Exercise 1 hour minimum per day

Prosecute accused - Know what evidence against them

Question a persons involvement - Communicate with lawyer

Question 20

Victorian Court Hierarchy

Answer 20

HIGH COURT [Appeals]

SUPREME COURT [Court of Appeal, Trial Division for homicide cases]

COUNTY COURT [Indictable offences]

MAGISTRATE’S COURT [Summary offences]

Question 21

Role of courts

Answer 21

determine guilt, impose sanction

Question 22

Jurisdiction:

Answer 22

Original (hearing for 1st time)

Appellate (Not hearing for 1st time, appeal)

Question 23

Strengths of courts

Answer 23

Free from bias, ensure fairness, expertise knowledge

Question 24

Weakness of courts

Answer 24

Disadvantaged, not clear understanding of legal system,

Question 25

Jury

Answer 25

12 people, original jurisdiction of county + supreme, determine guilt, decide on verdict, determine sanction, listen to evidence presented

Question 26

Ineligible if

Answer 26

sentenced to prison 3+ years, on bail

Question 27

Disqualified if

Answer 27

Members of parliament or lawyers, cannot communicate English, physical disability

Question 28

Excused if

Answer 28

More than 50km from Melbourne, ill, occupation

Question 29

Challenged if

Answer 29

0 number to challenges for good reason, 3 number of challenges for no reason

Question 30

Strength of jury

Answer 30

independent and impartial, community involvement, fairness, spread responsibility

Question 31

Weakness of jury

Answer 31

no reason for decision, difficult, biases

Question 32

Mandatory conditions

Answer 32

Enforce purpose of sanction but impacts depend

Question 33

Optional conditions

Answer 33

Can enforce purpose of sanction

Question 34

Parole

Answer 34

Supervised and early release of prisoner with conditions

Question 35

Concurrent sentence

Answer 35

Served at the same time

Question 36

Cumulative sentence

Answer 36

Served one after another

Question 37

Elements of CCO

Answer 37

rehabilitate, non custodial, comply with directions given

Question 38

Alternative sentencing approaches

Answer 38

Drug Court, Koori Court, Diversion Program

Question 39

Drug court

Answer 39

Those under the influence of drugs/alcohol support

Question 40

DATO (Drug and alcohol treatment order)

Answer 40

Rehabilitate, provide supervised treatment

Question 41

Koori court

Answer 41

Sentencing for First Nations people, representation of First Nations

Question 42

Diversion program

Answer 42

steer away from life of crime, summary offences (Magistrate's, and Children's court) Reduces reoffending and assist rehabilitation/counselling

Question 43

Parliaments

Answer 43

9 parliaments Exclusive law-making power: commonwealth Residual: only state/territories Concurrent: both

Question 44

Northern Territory V Victoria

Answer 44

NT: - unicameral parliament - own court system + hierarchy - same sanctioning Sentencing imposed in NT: - imprisonment - home detention - community work - must impose minimum sentencce - overrepresented in NT

Question 45

Similarities NT v VIC

Answer 45

Same sentencing purpose Same sentence type Jurisdiction: minimum terms Both prison population are overrepresented by First Nations Sentencing factors are same (guilty pleas, mitigating, aggravating)

Question 46

Differences

Answer 46

Fewer courts Fewer prisons Home detention and suspended sentences (NT) Minimum sentencing regime

Question 47

Parole

Answer 47

Supervised release of prisoner after minimum period of time

Question 48

Recidivism

Answer 48

Returning to crime after already being convicted

Question 49

Role and jurisdiction of Victorian Courts

Answer 49

If charged with indictable offence, and plead not guilty: right to trial. (if guilty = sentencing hearing).

Question 50

Committal hearing

Answer 50

Right of an accused, Magistrate’s Court, prosecution lays evidence before the Magistrate who will make a decision to either: - Proceed with a jury trial in higher court - date is set - Not proceed with the case - accused discharged

Question 51

Why would a case involving an indictable offence be held in more than one court?

Answer 51

Murder - Supreme Court, Trial Division Magistrate’s Court first for committal hearing and to see how the case will go further

Question 52

Similarities between CCO and Jail

Answer 52

CCO - served within the community, can be served AFTER jail sentence. Jail - served in a prison.

Question 53

Community Protection through a sentence

Answer 53

used in a way that makes sentences more severe.

Question 54

Jurisdiction in Victoria compared to (another)

Answer 54

County court: indictable offences except murder Magistrates: summary offences, heard summarily

Question 55

Equality

Answer 55

all laws should be applied equally to people in society. Adequate measures can be taken to allow equality.