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LEGAL STUDIES > UNIT 2 AOS1: SANCTIONS > Flashcards

UNIT 2 AOS1: SANCTIONS Flashcards

1
Q

PROSECUTION

A

The act or process of holding a trial against a person who is accused of a crime to see if that person is guilty.

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2
Q

INDICTABLE OFFENCES

A

An offence that may be prosecuted on indictment

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3
Q

SUMMARY OFFENCES

A

A crime that can only be heard and decided by a magistrate in the magistrates court

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4
Q

DPP (director of public prosecutions)

A

The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the crown.

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5
Q

ACCUSED

A

A person charged with a criminal offence

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6
Q

SANCTION

A

A penalty (eg. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.

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7
Q

WARRANT

A

A document issued by a legal government official, authorizing the police or another body to make an arrest, search premises or carry out some other action relating to the administration of justice.

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8
Q

UNANIMOUS VERDICT

A

A jury vote or decision where all the jury members are in agreement and decide the same way (eg. they all agree the accused is guilty). In a criminal case, this means all 2 jurors are in agreement.

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9
Q

BEYOND REASONABLE DOUBT

A

The standard or proof in a criminal case.

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10
Q

PAROLE

A

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

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11
Q

NON-PAROLE

A

That person is not to be released on parole

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12
Q

INDIVIDUAL RIGHTS

A

the right to silence and the right to an interpreter

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13
Q

POLICE POWERS

A

The police have extensive powers to investigate suspected criminal offences. They can search premises, vehicles and vessels (ships and boats), and seize property when: without a warrant, where the police have reasonable cause to suspect stolen goods or evidence of the commission of an offence.

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14
Q

POLICE POWERS

A

The police have extensive powers to investigate suspected criminal offences. They can search premises, vehicles and vessels (ships and boats), and seize property when: without a warrant, where the police have reasonable cause to suspect stolen goods or evidence of the commission of an offence.

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15
Q

ORIGIONAL JURISDICTION

A

the question of which court has the authority (“jurisdiction’) to hear a legal case for the first time

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16
Q

APPELLATE JURISDICTION

A

the power of a court to hear appeals from lower courts. Appellate jurisdiction includes the power to reverse or modify the the lower court’s decision.

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17
Q

CONVICTION

A

Receiving a criminal record after being found guilty

18
Q

SEVERITY OF SENTENCE

A

If a person is appealing on severity of sentence this just means they are appealing against how harsh the sentence is – they are appealing against the sentence. They think the sentence is too long.

19
Q

POINT OF LAW

A

an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention.

20
Q

BAIL

A

Being released into the public whilst waiting for a court hearing. The magistrates court hears most bail applications, these applications can be refused if the trial is on sexual misconduct or violence. conditions of bail:
the applicant for bail reside at a specified address;
-home detention;
-conditions relating to the physical -protection of a victim;
-supervision by a community corrections officer;
-the applicant report to police;

21
Q

ROLE OF THE JUDGE IN A CRIMINAL CASE

A

To decide what happens to a case, whether a case will have to go to another court or be put off until another day, whether the defendant is guilty or not guilty, and any penalty that will be given to the defendant.

22
Q

ROLE OF THE JURY IN A CRIMINAL CASE

A

To determine questions of fact and to apply the law, as stated by the judge, to those facts to reach a verdict. In criminal trials, the jury’s role is to determine guilt or otherwise. In civil trials, the jury’s role is to decide fault and damages.

23
Q

PUNISHMENT

A

One purpose of a sanction, designed to penalise the offender and show society and the victim that criminal behavior will not be tolerated.

24
Q

DETTERENCE

A

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

25
Q

DENUNCATION

A

One purpose of a sanction, designed to demonstrate the communities disapproval of the offenders actions.

26
Q

PROTECTION

A

That benefit or safety which the government affords to the citizens. PROTECTION, Eng. law. A privilege granted by the king to a party to an action, by which he is protected from a judgment which would otherwise be rendered against him.

27
Q

REHABILITATION

A

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

28
Q

IMPRISONMENT

A

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

29
Q

FINES

A

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

30
Q

PENILTY UNIT

A

Used to define the amount payable for fines for many offences. For example, the fine for selling a tobacco product to a person aged under 18 is four penalty units.

31
Q

CCO (community corrections order)

A

A sanction that allows an offender to remain in the community while serving the sanction.
A CCO cannot exceed 5 years if it is made in the magistrates court.
two years in respect of one offence or five years if made in the county court

32
Q

FACTORS CONSIDERED BY A JUDGE WHEN SENTENCING

A
  • the facts of the offence.
  • the circumstances of the offence.
  • subjective factors about the offender.
  • relevant sentencing legislation and case law.
33
Q

WHO IS ELIGABLE TO USE THE DRUG COURT

A

People who have been charged with being under the influence and will plead guilty in the magistrates court and the defendant must be dependent on drugs and alcohol hence that dependency contributed to committing the crime.

34
Q

WHAT IS THE OVERALL AIM OF THE DRUG COURT

A

It is intended to to respond to the failure of traditional methods of sentencing offenders to adequately address drug use and offending by directly addressing the the issue of drug and alcohol dependency.

35
Q

HOW DOES THE KOORI COURT OPERATE

A

A less formal court where all participants sit around a table, the magistrate or judge sits opposite the offender who may have the support of a lawyer, a family member or one or more indigenous elders or respected persons and an indigenous justice worker. the magistrate or judge can can take advice from indigenous elders on cultural issues and appropriate sentencing.

36
Q

CRITERIA TO BE ELIGABLE FOR THE KOORI COURT

A
  • The accused must be of aboriginal or torres strait islander decent
  • The offence must be within jurisdictions of the relevant court
  • The offence must not be sexual or a contravention of a family violence intervention order or personal safety intervention order
  • The accused intends to plead guilty or has already
  • The accused consents to the case being dealt with by the Koori court
37
Q

WHAT IS THE OVERALL AIM OF THE KOORI COURT

A

Is to provide an informal atmosphere for sentencing and to allow representation from the indigenous community in the sentencing process.

38
Q

WHAT TYPE OF OFFENCES IS THE DIVERSION PROGRAM SUITABLE

A

For first time offenders that my be apart of minor drug offences or theft (summary offences)

39
Q

WHICH COURTS USE THE DIVERSION PROGRAM

A

The Magistrates court and Children’s court

40
Q

WHAT IS THE OVERALL AIM OF THE DIVERSION PROGRAM

A

It aims to reduce reoffending and assist rehabilitation rather than have a first time offender or a low risk accused people enter the criminal justice system.

40
Q

WHAT IS THE OVERALL AIM OF THE DIVERSION PROGRAM

A

It aims to reduce reoffending and assist rehabilitation rather than have a first time offender or a low risk accused people enter the criminal justice system.

41
Q

WHAT ARE THE CONDITIONS OF THE DIVERSIONS PROGRAM

A
  • Undertake appropriate education course
  • Make a donation or do some other service such as community work
  • Obtain treatment
  • Write a letter of apology to the victim
  • Compensate the victim

LEGAL STUDIES (2 decks)

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