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legal studies > UNIT 3 AOS 1 - FINAL > Flashcards

UNIT 3 AOS 1 - FINAL Flashcards

1
Q

The distinction between summary offences and indictable offences

A

A summary offence is a minor criminal offence heard in the Magistrate’s court, whereas an indictable offence is a more serious offence, heard in the County and Supreme Court of Victoria. The difference between the two is the severity of the sanctions they attract and a jury is only used in the trials for indictable offences.

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2
Q

Key principles of the criminal justice system

A

Burden of proof, standard of proof, presumption of innocence

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3
Q

Burden of proof:

A

Party which has the obligation to prove their assertion in court.

burden of proof = prosecution, the party which initiates the criminal proceedings.

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4
Q

Standard of proof:

A

Degree/strength of the evidence required by the party bringing an action to prove their case.

beyond reasonable doubt, the individual should not have any rational doubt as to the guilt of the accused after assessing the evidence.

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5
Q

Presumption of Innocence:

A

Notion that a person accused of a criminal offence is considered to be not guilty of said offence, until they are proven guilty beyond reasonable doubt in the court of law.

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6
Q

The rights of an accused

A

The right to be tried without unreasonable delay, right to silence, right to trial by jury

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7
Q

The right to be tried without unreasonable delay:

A

To ensure both prosecution and defence have sufficient time to gather evidence and prepare cases for court.
- Accused is not remanded for long

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8
Q

Right to silence:

A

Have the right to refuse to answer questions by police and to refuse to give evidence during a trial; judges cannot draw “adverse inferences” if they use the right to silence.

(Protection against self-incrimination)

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9
Q

Right to trial by jury

A

Ensures that all accused persons have the opportunity to have their case heard unbiasedly by surrounding members of the Victorian community.

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10
Q

The rights of victims

A

Right to give evidence using alternative arrangements: Use of special provisions in place to enable witnesses to give evidence

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11
Q

The principles of justice during a criminal case

A

Fairness, equality, access

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12
Q

Justice:

A

The maintenance of what is just or right by the exercise of authority of power

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13
Q

FAIRNESS:

A

“All people can participate in the justice system, and its processes should be impartial and open”

To ensure innocent people are not found guilty of crimes they did not commit

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14
Q

Impartial processes:

A

Ensures court personnel are independent and impartial

Need to ensure there is no apprehended bias which is a situation where a fair-minded person, with knowledge of the key objective facts, might reasonably believe that a judge, magistrate or jury member, might not be impartial when deciding the case

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15
Q

Open processes:

A

Those who administer justice to be held accountable for their actions, decisions, etc. (open to public)

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16
Q

EQUALITY:

A

“All people be treated equally before the law, regardless of factors such as race, gender, disability, etc. If processes creates disparity, measures can be implemented to ensure all can participate in the justice system without disadvantage (substantive equality)

  • Interpreters
  • Changes for cultural differences (Koori Court, eye contact prohibited)
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17
Q

ACCESS:

A

“All people regardless of socio-economic status understand their legal rights, and requires that all people understand and have the ability to pursue their case.

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18
Q

The role of Victoria Legal Aid (VLA) and Victorian community legal centres (CLC) in assisting an accused and victims of crime

A

independent statutory authority set up to provide legal aid in the most effective, economic manner.

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19
Q

STRENGTHS OF VLA

A

Free legal information on VLA’s website (court processes, accused/victim’s rights, legal principles)

Free legal assistance (duty lawyers, legal assistance) to ELIGIBLE people, prioritize the most vulnerable

Interpreters are provided (30+ languages)

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20
Q

WEAKNESS OF VLA

A

May not be enough information

Does not have unlimited resources, must apply to criteria

Ability for VLA to meet demands for services, (rely on funding)

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21
Q

COMMUNITY LEGAL CENTRES (CLC):

A

Generalist CLC’s: broad legal services for people in a particular geographical area

Specialist CLC’s: focusses on a particular group of people/area of law

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22
Q

Role of CLC’s:

A

Provide accused with legal information, legal advice, ongoing assistance in a case to understand and be aware of rights.

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23
Q

Types of assistance for accused + victims people: CLC

A

Basic legal information
Legal advice and assistance
Duty lawyers (victims)

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24
Q

STRENGTHS OF CLCs

A

Free legal information (help educate the community about court processes/rights) on CLC’s website (different languages)

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25
WEAKNESSES OF CLCs
Insufficient funding, do not assist with indictable offences, may not have enough staff to meet needs
26
Plea negotiations: characteristics
- Between prosecutor and accused about charges - Result: in agreement between two parties if pleading guilty
27
STRENGTHS OF PLEA NEGOTIATIONS:
Saves trauma and inconvenience of victims and their families Certainty of outcome for parties
28
WEAKNESSES OF PLEA NEGOTIATIONS:
Can be held privately/disclosed Prosecutor seen as avoiding proving the case beyond reasonable doubt Self-represented party may feel pressure into accepting deal
29
THE VICTORIAN COURT HIERARCHY: Jurisdictions
Original jurisdiction: power of a court to hear the case at first instance Appellate jurisdiction: power of a court to hear a case in which the decision is being reviewed or challenged on a particular ground.
30
THE VICTORIAN COURT HIERARCHY:
HIGH COURT SUPREME COURT (COURT OF APPEAL) SUPREME COURT (TRIAL DIVISION) COUNTY COURT MAGISTRATE'S COURT
31
SPECIALISATION: Supreme Court (Court of Appeal):
determining criminal appeals in indictable offences and has expertise in sentencing principles
32
Supreme Court (Trial Division):
hears the most serious indictable offences and has developed its own specialization in those types of crimes and the elements of each crime, as well as the trial processes and giving evidence
33
County Court:
hearing particular types of indictable offences (all those except murder and manslaughter)
34
Magistrate’s Court:
familiar with all summary offences that need to be dealt with efficiently. deal with bail applications and committal hearings.
35
APPEALS:
A party who is dissatisfied with a decision in a criminal case can take the matter to a higher court to challenge it.
36
Appellant:
party who appeals
37
Respondent:
party who is appealed against
38
Grounds for appealing:
Appealing a conviction, severity of sentence, if law is not followed
39
ROLES OF KEY PERSONNEL (JUDGE + MAGISTRATE)
Manage trial/hearing Listens to facts of case presented Ensures the correct court procedure is followed so both parties can present their case Decide outcome of the case
40
Magistrate:
determines guilt AND sentences offender
41
Judge:
gives direction to jury to ensure fairness + understanding
42
ROLES OF KEY PERSONNEL (THE JURY)
Listen and remember evidence Can take part in deliberations in the jury room and form opinion beyond reasonable doubt Impartial, unbiased Must not undertake any investigation of their own (forms bias) Deliver verdict (determine guilt)
43
ROLE OF KEY PERSONNEL (PROSECUTION)
Disclose information to accused (informed on evidence used against them) Present evidence that supports the case: calling + questioning witnesses Cross-examine any witnesses called by accused
44
ROLE OF KEY PERSONNEL (THE ACCUSED)
Participate in trial/hearing Make submissions about sentencing Relies on mitigating factors + information for lighter sentence
45
Why are legal practitioners needed?
Access to legal advice, to upholding the rule of law Ensure no mistakes when determining guilt Self-representation = doesn't have objectivity to make right decisions
46
STRENGTHS OF LEGAL PRACTITIONERS:
Experts, help accused in navigating the criminal justice system Make decisions in criminal cases Avoid delays
47
WEAKNESSES OF LEGAL PRACTITIONERS:
Not all equal, less experienced Not able to afford legal representation May not assist an accused (cannot understand English, etc.)
48
Measures to address costs:
Provision of free legal aid = (VLA, CLC’s) Committal proceedings Plea negotiations
49
Court delays:
Gathering evidence, locating and interviewing witnesses, determining facts, etc.
50
Measures to address delays:
Plea negotiations Digital technology to allow for remote hearings
51
Difficulties faced by First Nations Peoples:
Language barriers Cultural taboos Lack of understanding of court procedures
52
Measures to address cultural differences:
Implementing Koori Court Provision of free interpreters to accused Information from the courts, VLA, CLC’s in different languages
53
Rehabilitation:
reform offender in order to prevent them from committing offences in the future Address underlying causes of offending + treat offenders based on these causes
54
Punishment:
penalize offender and show society criminal behaviour will not be tolerated
55
Deterrence:
(general + specific) discourage offender and others in community from committing similar offences
56
General deterrence:
Discourage/deter others from committing offences because they see the consequences of committing the crime
57
Specific deterrence:
Court seeks to discourage a particular offender from engaging in criminal activity in the future
58
Denunciation:
demonstrate community’s disapproval of the offenders actions
59
Protection:
safeguard the community from an offender by preventing them from committing a further offence Ensures safety in community
60
FINES
Amount of money ordered by court to be paid by offender to state of Victoria
61
Determining the amount of fine factors:
Financial circumstances of offender Loss, destruction or damage of property
62
Sentencing purposes of fines:
Punishment Deterrence Denunciation
63
COMMUNITY CORRECTIONS ORDER (CCO):
flexible, non-custodial sanction where offender serves in the community, with conditions attached to the order
64
Conditions attached to CCO’s
Must report to specified community corrections center within 2 working days of order Must notify officer of change of address or employment within 2 working days of change Must not leave Victoria without permission
65
IMPRISONMENT:
Removing offender from society for a period of time by being placed in prison "Sanction of last resort"
66
Aggravating factors:
Circumstances about offender / offence tend to increase the offenders culpability + the sentence they will receive
67
Mitigating factors:
Circumstances a court should consider when determining the appropriate sentence that may decrease the offenders culpability, leading to sentence reduction
68
Guilty pleas:
admit that you committed the act charged and that the act is prohibited by law, and that you have no defense or excuse for your act
69
Victim impact statements:
Contains particulars of any injury, loss or damage suffered by victim as result of offence
70
Factors considered in sentencing:
aggravating, mitigating, guilty pleas, victim impact statements
71
Open justice:
Being aware of what is occurring in the justice system
72
Types of alternative arrangements:
Evidence from a place other than courtroom (CCTV, etc.) Screens to remove line of vision to witness (safety reasons, etc.)
73
Purpose of alternative arrangements:
Reduce trauma, distress. Reduce the likelihood of secondary trauma
74
Right to be informed about the proceedings:
Victims Charter recognizes that people adversely affected by crime should get certain information about the proceedings from the police, the DPP, and Victims of Crime Commission. How the victim can find the date, time, place or hearing of charge/s Outcome of criminal proceeding
75
Right to be informed of the likely release date of offender:
A person must be on the Victims Register to receive information pertaining to the release on the prisoner, including on parole, at least 14 days before release.
76
Role of VLA:
Aims for a fair, just & inclusive society. Provides free legal information to the community (if eligible). Receives some funding from the Commonwealth + Victorian Government
77
Objectives of VLA:
Provide legal aid in the most effective, economic and efficient manner Manages resources to make legal aid available at reasonable cost to community
78
Types of assistance for accused + victims of crime:
- Free legal information - Free legal advice - Duty lawyer services
79
Plea agreements:
- Accused pleads guilty to fewer/lesser sentence charges
80
Purpose of plea negotiations:
- Ensure certainty in outcome of a criminal case - Save on costs, time, trauma and resources
81
Appropriateness of plea negotiations:
- If accused is willing to cooperate in investigation of other crimes - Strength of evidence

legal studies (11 decks)

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