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Legal > Unit 3 Aos 1 > Flashcards

Unit 3 Aos 1 Flashcards

1
Q

What is fairness equality and access?

A

F- impartial and just treatment or behaviour without favouritism or discrimination (opportunity to present case, understand processes, impartial hearing)

E- the state of being equal in status, rights or opportunities (age, gender, race, disability)

A- the ability to approach or make fun of something

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2
Q

Define summary offence

A

A minor offence heard in the magistrates court, without a jury, eg speeding, non payment of fines

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3
Q

Define indictable offence

A

A serious offence heard in the county or supreme courts before a judge and jury of 12 (if the person pleads not guilty) eg robbery, murder

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4
Q

Define standard of proof

A

The level of proof required in a case. Criminal- beyond reasonable doubt, civil- on the balance of probabilities

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5
Q

What is the presumption of innocence?

A

Considered innocent until proven guilty in a court of law, by trial of your peers

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6
Q

What is legal aid?

A

A gov funded organisation which provides legal advice and representation to people charged with offences you cannot otherwise afford legal rep.
Only available to those who meet eligibility criteria.
Types are: free legal info, free legal advice, free duty lawyer services, grant of legal assistance.

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7
Q

What is a community legal centre

A

Independent community organisations that provide free legal services to members of public.
Can only offer advice in certain areas of law, and are limited in their reach.
General provides broad range of services to ppl geographically
Specific focuses on a group of people or area of law

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8
Q

Define committal proceeding

A

The processes and hearings that take place in the magistrates court for indictable offences

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9
Q

When does a committal hearing take place

A
  • an accused has been charged with one or more indictable offences
  • the accused has pleaded not guilty
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10
Q

What are the rights of an accused

A

To be tried without reasonable delay-upholds POI
Fair trial
Trial by jury

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11
Q

What are rights of the victim?

A

To give evidence as a vulnerable witness- someone impressionable or at risk eg. Sexual assault victim, child. This could include having provisions.
To be informed about proceedings
To know likely release date of offender

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12
Q

What is an income test?

A

Test applied by VLA to determine if a duty lawyer can represent them; must be below a certain income.

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13
Q

What is a means test?

A

Test applied by VLA to determine whether applicant qualifies for legal assistance; considers income, assets and expenses

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14
Q

Where does VLA get funding from?

A

Two main sources are vic and commonwealth government and the puplic purpose fund

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15
Q

Where does CLC get funding from?

A

Commonwealth and local governments and private donations

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16
Q

What are the purposes of a committal hearing?

A

See whether it’s appropriate to be heard and determined summarily
Decide if there’s enough evidence
Find out whether accused will plead guilty or not guilty

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17
Q

What is a committal hearing?

A

The main and final stage in the committal proceeding where the magistrate will decide if there’s sufficient evidence to support a conviction. For the offence charged.

18
Q

What are strengths and weaknesses of committal hearings?

A

S- saves time and resources of higher courts, sifts out guilty pleas
Tests strength if case
Accused is informed of case against them
W- complicated, takes time to explain case to accused
Can add delay

19
Q

What are plea negotiations?

A

In criminal cases, Pre trial discussions that take place between prosecution and accused, aimed at agreeing on an outcome tithe criminal charges laid.

20
Q

What are the two types of early determination?

A

Sentence indications and pea negotiations

21
Q

What are the purposes of plea negotiations?

A

Resolve a case ensuring a plea of guilty to a charge that adequately reflects crime committed
Prompt resolution without cost stress etc of criminal trial

22
Q

What are strengths and weaknesses of plea negotiations?

A 
S- saves costs of full trial
Reduces delay because it's prompt
Saved trauma and stress
Reduced sentence for accused
Achieves fairness if agreement reflects criminality of crime

W- “let off”
May be seen as trying to avoid the need to prove beyond reasonable doubt
If negotiation falls through a party may be disadvantaged

23
Q

What is a sentence indication?

A

Statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence.

24
Q

What are the purposes of a sentence indication?

A

Provide accused clarity about sentence so they can decide plea
Save time cost and convenience of court

25
Q

What are the strengths and weaknesses of sentence indications?

A

S- early determination
Save time and resources
Minimise trauma and inconvenience

W- not obliged to accept request
Prosecution must consent
May be given before all facts are proved or admitted
May lessen need for victim impact statement

26
Q

What is a victim impact statement

A

A statement filed with the court by a victim and considered when sentencing. Contains particulars of injuries, loss or damage suffered as a result of the offence.

27
Q

Define jurisdiction.

A

The lawful authority of a court, tribunal or other dispute resolution body to decide a legal case.

28
Q

What are the two types of jurisdictions?

A

Original- power to hearthe case for the first time.
Appellate- ability to hear a case in which a decision is being reviewed or challenged on a particular ground ( appealed to a higher court).

29
Q

What are the reasons for a court hierarchy?

A

Specialisation of courts
Appeals
Admin convenience
Precedent

30
Q

What is the original jurisdiction for the vic court hierarchy?

A

Mag- summary offences, indictable heard sum, committal proceedings, bail, warrants
County- indictable expect murder, attempted murder, conspiracy
Supreme- most serious indictable including murder
Supreme appeals- NONE

31
Q

What is the appellate jurisdiction of the vic hierarchy?

A

Mag- NONE
county- from mag on conviction or sentence
Supreme- from mag on points of law
Appeals- appeals from county or supreme

32
Q

What are purposes of sanctions?

A

Rehabilitation - treating in hope the offender will stop
Punishment - seriousness should be reflected
Deterrence - discourage
Denunciation - disapproval
Protection - society victim

33
Q

What are the types of sanctions?

A

Fines- money paid by offender to state, expressed in penalty units, purposes are to PUNISH, SPECIFIC AND GENERAL DETERRENCE.

CCOs- supervised sentence server in community, max of 5 years, conditions, purposes are to REHAB, PUNISH, SPECIFIC DETERRENCE

imprisonment- removal, PUNISH, PROTECT, REHAB, DENUNCIATION, DETERRENCE

34
Q

What are aggravating factors?

A

Increase the seriousness of the offence of offenders culpability, more serious sentence.

Eg. Nature of offence, lack of remorse, vulnerabilities like young child disability, use of explosives or weapons, took place in front of a child.

35
Q

Recent reforms addressing COST factors

A

Greater access to resources in Hume region, VLA

Robot lawyer online resource

36
Q

Recent reforms addressing TIME factors

A

Increase in paperless tech and recording testimony

Changes to legislation where judge can accept majority rather than unanimous verdict without 6 hours

37
Q

Recent reforms addressing CULTURAL factors

A

Expansion of Koori court in vic

Funding designed to rehab aboriginal prisoners

38
Q

Other examples of recent reforms

A

Tightening bail laws for serious offences

Judges must direct jury about sexual offence victims

39
Q

Recommended reforms addressing COST factors

A

Increase quantity of pro bono lawyers

Accessing funds other than gov

40
Q

Recommended reforms addressing TIME factors

A

Abolition of committal proceedings

More active and early case management by Supreme Court

41
Q

Recommended reforms addressing CULTURAL factors

A

Formal recognition or interpreters and or hearing services for aboriginals
Provision of more interpreters
Expansion of Koori court especially county level

42
Q

Other examples of recommended reforms

A

Trials for some indictable offences be conducts by judges without jury
Professional intermediaries to obtain evidence from ppl like sex offence victims
Allow some victims to be seen as protected victims and reduce need for such to give evidence

Legal (2 decks)

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