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legal > unit 1 aos3 > Flashcards

unit 1 aos3 Flashcards

1
Q

sanction

A

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

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2
Q

the 3 principles of justice

A

fairness, equality and access

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3
Q

fairness

A

fairness means all people can participate in the justice system and it’s processes should be impartial and open

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4
Q

3 features of fairness

A

impartial processes, open processes, participation

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5
Q

impartial processes

A

all people involved in the justice system must be independent and unbiased towards or against any party.

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6
Q

open processes

A

cases should be heard and decided in public, so that the community and the media can see justice being done

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7
Q

participation

A

the opportunity to know the case put against the parties, opportunity to prepare a defence, opportunity to examine a witness, the use of a lawyer, the use of an interpreter, without unreasonable delay

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8
Q

bias

A

a prejudice or lack of objectivity in relation to one person or group

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9
Q

apprehended bias

A

a situation in which a fair minded observer might reasonable believe that the person hearing or deciding a case may be bias

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10
Q

equality

A

people should be treated in the same way, but if the same treatment creates disadvantage, certain measures should be implemented to allow all to engage with the justice system.

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11
Q

access

A

means that all people should be able to engage with the justice system and its processes on an informed basis

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12
Q

engagement (access)

A

being able to use and participate in the justice system

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13
Q

institutions that enforce criminal law

A

police and other bodies including worksafe, local councils and VicRoads

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14
Q

the police

A

the role of the police is to serve the community and the law to enforce criminal law. they protect life, prevent crime, detect apprehenders and assist victims. includes victoria police and australian federal police.

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15
Q

delegated body

A

an authority or agency given power by parliament to make and/or enforce laws. includes victorian delegated bodies and commonwealth delegated bodies.

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16
Q

international treaty

A

a legally binding agreement between countries or intergovernmental organisations to include in their own laws.

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17
Q

institutional powers

A

the authority given to bodies such as victoria police to take certain actions

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18
Q

conviction

A

a finding of guilt made by the court, whether or not a conviction is recorded, it will form part of a person’s criminal record

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19
Q

imprisonment

A

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

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20
Q

court hierarchy (in order)

A

magistrates, county, supreme (trial division), supreme (court of appeal), high court of australia

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21
Q

the role of the victorian courts is to..

A

determine a criminal case and impose a sanction

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22
Q

original jurisdiction

A

the power of a court to hear a case for the first time

23
Q

appellate jurisdiction

A

the power of a court to hear a case on appeal

24
Q

when are juries used?

A

in the original jurisdiction of the county and supreme court. Used to determine the guilt of a person charged of an indictable offence.

25
Q

remand

A

where the accused is kept in custody until their criminal trial can take place

26
Q

the role of the criminal jury

A

to listen to all the evidence, concentrate during the trial, piece the evidence together and decide whether the accused is guilty or not.

27
Q

the 5 purposes of sanctions

A

punishment, deterrence, denunciation, protection and rehabilitation

28
Q

punishment

A

to penalise the offender, and show society and the victim that criminal behaviour will not be tolerated

29
Q

deterrence

A

to discourage the offender and others in the community from committing similar offences

30
Q

denunciation

A

to demonstrate the community’s disapproval of the offender’s actions

31
Q

protection

A

to safeguard the community from an offender by preventing them from committing a further offence

32
Q

rehabilitation

A

to reform an offender in order to prevent them from committing offences in the future

33
Q

general deterrence

A

to discourage others in the community from committing similar offences

34
Q

specific deterrence

A

to discourage the offender from committing further offences

35
Q

what are the 3 main types of sanctions?

A

Fines, Community Correction Orders (CCO) & Imprisonment

36
Q

fine

A

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

37
Q

purpose of fines

A

The general purposes of fines are to punish the offender, deter the offender from committing further crimes and deter the general community from committing similar crimes

38
Q

factors that can affect the effectiveness of fines

A

the financial status of the offender, the amount, whether people know about the fine

39
Q

Community correction orders (CCO)

A

a flexible, non-custodial sanction that the offender serves in the community, with conditions attached to the order

40
Q

purposes of cco’s

A

a punishment because it can impose conditions on an offender that are an annoyance can help to rehabilitate an offender.

41
Q

factors that can affect the effectiveness of cco’s

A

the mandatory conditions, the optional conditions, the length and if the CCO is known to the public

42
Q

imprisonment

A

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

43
Q

parole

A

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

44
Q

purposes of imprisonment

A

serves to both protect the community and punish the offender. Imprisonment also generally serves to act as a deterrent (both generally and specifically for the offender)

45
Q

factors that affect the effectiveness of imprisonment

A

the length of the prison sentence, the offender and their circumstances, the conditions of the prison

46
Q

aggravating factors

A

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

47
Q

mitigating factors

A

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

48
Q

factors that may decrease the sentence

A

early guilty plea, lack of prior offending, remorse

49
Q

factors that may increase the sentence

A

prior offending, impact of the offence on any victim, injury loss or damage as a result of the offence

50
Q

alternative sentencing approaches (3)

A

drug court, koori court and diversion programs

51
Q

drug court

A

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

52
Q

koori court

A

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

53
Q

diversion program

A

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

legal (4 decks)

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