Unit 1 AOS 3

Question 1

criminal law

Answer 1

an area of law that defines behaviours / conduct that are prohibited and outlines sanctions for people who commit them

Question 2

accused

Question 3

prosecution

Answer 3

the party that institutes criminal proceedings against an accused on behalf of the state

Question 4

fairness

Answer 4

everyone can participate in the justice system and its processes should be impartial / open

Question 5

victim

Question 6

equality

Answer 6

everyone engaging with the justice system and its processes is treated in the same way, unless the same treatment causes disparity

Question 7

access

Answer 7

everyone should be able to engage with the justice system and its processes on an informed basis and have the means / ability to use / participate in the legal system

Question 8

impartial

Question 9

enforcement body

Question 10

police

Answer 10

a body that serves the community and the law, and to enforce criminal law

Question 11

arrest

Question 12

warrant

Question 13

delegated body

Answer 13

an authority / agency given power by parliament to make / enforce laws

Question 14

secondary legislation

Question 15

authority

Question 16

charge

Question 17

conviction

Question 18

rights

Question 19

discovery

Question 20

questioning

Question 21

legal representative

Question 22

evidence

Answer 22

information / documents and other material used to prove the facts in a legal case

Question 23

court hierarchy

Question 24

original jurisdiction

Answer 24

power of a court to
hear a case for the first
time (i.e. not on appeal
from a lower court)

Question 25

appellate jurisdiction

Answer 25

power of a court to hear a case on appeal

Question 26

appeal

Question 27

leave

Question 28

point of law

Question 29

litigation

Question 30

jury

Question 31

verdict

Question 32

beyond reasonable doubt

Answer 32

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 33

deliberate

Question 34

ineligible jurors

Question 35

disqualified jurors

Question 36

excused jurors

Question 37

challenged jurors

Question 38

sanction

Answer 38

a penalty imposed by a court on a person guilty of a criminal offence

Question 39

punishment

Answer 39

one purpose of a sanction, designed to penalise offender and show society + the victim that criminal behaviour will not be tolerated

Question 40

protection

Answer 40

one purpose of a sanction, designed to safeguard community from offender by preventing them from committing a further offence

Question 41

deterrence (general)

Answer 41

one purpose of a sanction, designed to discourage others in community from committing similar offences

Question 42

deterrence (specific)

Answer 42

one purpose of a sanction, designed to discourage offender from committing further offences

Question 43

denunciation

Answer 43

one purpose of a sanction, designed to demonstrate community’s disapproval of offender’s actions

Question 44

rehabilitation

Answer 44

one purpose of a sanction, designed to reform offender in order to prevent them from committing offences in the future

Question 45

fines

Answer 45

a sanction that requires the offender to pay an amount of money to the state

Question 46

penalty unit

Answer 46

measurement used to calculate the amount of a fine. The gov can change value of a penalty unit to increase the amount of a fine

Question 47

community corrections order

Answer 47

flexible / non-custodial sanction that the offender serves in the community with conditions attached

Question 48

mandatory conditions

Question 49

special conditions

Question 50

imprisonment

Answer 50

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Question 51

concurrent sentence

Question 52

cumulative sentence

Question 53

culapability

Answer 53

responsibility for a fault / wrongful action

Question 54

mitigating factors

Answer 54

facts / circumstances about offender / offence that can lead to a less severe sentence

Question 55

aggravating factors

Answer 55

facts / circumstances about offender / offence that can lead to a more severe sentence

Question 56

guilty plea

Question 57

victim impact statement

Answer 57

statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury / loss / damage suffered by the victim as a result of the offence

Question 58

incarceration

Question 59

over representation

Question 60

first nations australians

Question 61

taboo

Question 62

recidivism

Question 63

koori court

Answer 63

division of the Magistrates’ Court / Children’s Court / County Court that (in certain circumstances) operates as a sentencing court for First Nations people

Question 64

drug court

Answer 64

specialist court that is able to impose a drug treatment order on an offender where drugs / alcohol contributed to the commission of the offence

Question 65

drug treatment order

Answer 65

type of sanction imposed by Drug Court that aims to treat underlying causes of offending and includes both treatment and custody of offender

Question 66

diversion programs

Answer 66

method used in Magistrates’ Court / Children’s Court to 'redirect’ offenders away from the court and avoid criminal record by placing them on a plan

Question 67

mandatory sentences

Question 68

appropriateness

Question 69

deterrance

Answer 69

one purpose of a sanction, designed to discourage offender and others in community from committing similar offences