Unit 2 Aos 1

Question 1

What are some institutions that enforce criminal law?

Answer 1

• Police- FEDERAL AND VICTORIAN examine, forensics, talk to victims and witnesses, charge ppl, arrest ppl,conduct searches MAIN INSTITUTION

Other delegates bodies
(Victorian)
-worksafe; compliance in vic OH&s laws
-local councils; enforce local laws
-environmental protection authority; breaches of environmental law
-consumer affairs; trading and tendency laws
(Comm)
-Australian taxation office; serious tax fraud
-Australian securities and investments commission; breaches of legislation

Question 2

Explain institutional powers and individual rights.

Answer 2

Institutional powers:

• arrest (withdraw freedom)
• investigate (impact right to privacy)

Individual rights

• free speech
• privacy
• protected from harm
• remain silent (no self incrimination)

Question 3

What is the human rights charter?

Answer 3

Victorian statute law with the aim to protect and promote human rights.

Question 4

Define institutional powers

Answer 4

The authority given to bodies/institutions such as Victoria Police to undertake certain actions

Question 5

Why is there a balance between powers

Answer 5

If institutions have too much power, individuals will be mistreated. If their power is limited then crime preventions and law enforcements would be hard.

Question 6

What are the stages of a criminal case?

Answer 6

Arrest- questioning- bail- court proceeding- imprisonment of the offender

Question 7

Bail rights and powers

Answer 7

Rights- granted and apply for bail

Powers- revoke and oppose bail

Question 8

Court proceedings rights and powers

Answer 8

R-innocent until proven guilty, legal aid, Aquire information about their charge. Prosecutors can negotiate, obtain evidence, prepare cases, speak to witnesses

P-determine sufficiency of evidence, decide guilt, determine punishment

Question 9

Questioning rights and powers

Answer 9

R- informed rights, if under 18 must have guardian or rep present.
P- power to question (in an amount of time)

Question 10

Arrest powers and rights

Answer 10

R- can refuse to attend police station until arrest, informed reason for arrest, silent other than name and address, taken to court without delay
P- arrest without a warrant if reasonably necessary

Question 11

Imprisonment rights and powers

Answer 11

R- open air for 1 hour a day, adequate food, suitable clothing, medical care, disability care, religion with others, right to 30 min visits
P- search and examine anyone, seize unauthorised goods and test for drugs, monitor, letters can be opened and read.

Question 12

Victorian courts top to bottom

Answer 12

Supreme appeals

Supreme trial division

County

Mag

Question 13

Federal courts top to bottom

Answer 13

High court

Federal court of Australia //// family court of Aus

Federal circuit court of Aus

Question 14

What are the reasons for having a court hierarchy

Answer 14

(C) Administrative convenience - large number of cases, this can be done by low court since theres a lot of them
(A) appeals- makes it possible to appeal to higher court
(P) doctrine of precedent- higher courts binding
(S) specialisation/ expertise- courts become more skilled in their jurisdictions

Question 15

Define jurisdiction

Answer 15

Lawful authority of a court to decide legal case

Question 16

Define appellate jurisdiction

Answer 16

A court hearing a case on appeal

Question 17

Define case management

Answer 17

Melds used by courts to control the progress of cases efficiently, judge makes orders and directions.

Question 18

What are orders and directions

Answer 18

Orders are formal written requirements to parties to ensure efficient resolution of case.
Directions are instructions by magistrate to parties about time limits and steps for their case

Question 19

What are the roles of the courts

Answer 19

• determine guilt or innocence- case management , court will hear case if they plead not guilty, for indictable offence they will go to a comittal hearing, hear appeals from lower courts
• imposing a sanction- sentence at a sentence hierarchy

Question 20

What does on a conviction or sentence mean..

Answer 20

The appellant thinks finding of guilt was wrong or too severe

Question 21

What does on a question of law mean?

Answer 21

Appellant thinks the lower courts misinterpreted or applied the law during the proceeding

Question 22

What does with leave mean?

Answer 22

The court may grant permission (leave) to hear an appeal. Ie. they don’t have to hear the appeal

Question 23

What court hears what appeal

Answer 23

Mag- no appeals
County- mag appeals on conviction or sentence
Supreme trial- magistrates court on a question of law
Supreme appeals- county or supreme with leave
Children and coroners have no jurisdiction

Question 24

What is trial by ordeal and trial by jury

Answer 24

Suspects use to be out through an ordeal that determined their guilt, but this was unreliable. It was abolished in 1215 and trial by jury came in with 12 unbiased people selected at random

Question 25

What is a jury

Answer 25

Juries are used in the county court and supreme courts, panel of 12, up to three can be empaneled in case a juror must withdraw, selected at random from electron roll and complete a questionnaire to determine if they're eligible

Question 26

How might someone avoid jury duty?

Answer 26

Ineligible- occupations like police lawyer court parliament etc Disqualified- juror has committed certain serious crimes, is currently a suspect on remand, bankrupt etc Excused- by application, for good reason like illness, school etc Challenge- both parties can challenge a juror to be taken out while jury is being put together. With or without (peremptory) cause. Up to 3 without giving a reason

Question 27

What is the role of a criminal jury?

Answer 27

Listen to the evidence Concentrate during the trial Decide on the evidence whether they're guilty - must be beyond reasonable doubt, unanimous, some take majority 11/12 but not rape murder etc.

Question 28

What if the jury can't decide?

Answer 28

Hung jury, accused is neither guilty or not guilty, can be retried.

Question 29

What is a sanction?

Answer 29

When an offender is found guilty, judge or magistrate will impose a penalty or punishment

Question 30

What are the five purposes of sanctions?

Answer 30

1) punishment or just punishment- victims revenge, so they don't take it into their own hands 2) detterence- general: society and specific: discourage the offender individually 3) denunciation- disapproval of something eg trump and death penalty for pedos 4) protection- society 5) rehab- society's best interest to help offenders change their ways

Question 31

What is the DDP

Answer 31

Director of public prosecutions

Question 32

What are some types of sanctions?

Answer 32

Fines- with or without conviction, money they pay, measured in penalty units to allow inflation Imprisonment- with conviction, offender spends time in prison Community corrections order- remain in the community with conditions

Question 33

What are aggravating and mitigating factors

Answer 33

Aggravating- increase seriousness of offence meaning more severe sentence Mitigating- reduce seriousness meaning less severe sentencing

Question 34

Factors that could reduce sentence

Answer 34

- low end nature of offence - lack of prior offences - remorse - early guilty plea

Question 35

Factors that increase sentence

Answer 35

- high end nature of offence - previous offending - impact on victim - injury loss or damage