Victorian Criminal justice system P2

Question 1

qWhat is the role of the prosection?

Answer 1

disclosing info to accused, participate in trial or hearing by presenting evidence and make submissions about sentencing

Question 2

What is the role of the accused?

Answer 2

Participate in trial, Give their testimony of events (formal statement) and make submissions about sentencing

Question 3

What is the role of legal practioneers?

Answer 3

To act on behalf of the accused, research case and act honestly

Question 4

What are the main roles of both parties?

Answer 4

Give an opening and closing address, prepare and present evidence and make submissions about sentencing

Question 5

Adversary system

Answer 5

System where both parties have the equal right to seek a lawyer to represent them and present their evidence in court

Question 6

What are strengths and weaknesses of the role of parties?

Answer 6

Strengths- Both parties have opportunity to present their cases, prosecution must disclose important matters
Weaknesses- Complex processes, issue of adequately early disclosure

Question 7

Why is there a need for legal practitioners

Answer 7

Legal advice is essential and self representation lacks the skills and experience needed

Question 8

Strengths and weaknesses of legal practitioners

Answer 8

Strengths- Expert skills help accused navigate legal system
Weaknesses- Not everyone can access, not all LP have same experience and skills

Question 9

How do cost issues related to fairness?

Answer 9

Unrepresented people are disadvantaged due to lack of legal knowledge

Question 10

How do cost issues relate to equality?

Answer 10

Inbalance of skills between unrepresented parties and barristers

Question 11

How do cost issues relate to access?

Answer 11

Self represented parties dont have access to right

Question 12

Principle of parsimony

Answer 12

The sentence imposed can not be more severe than necessary to achieve the chosen purpose

Question 13

sanction

Answer 13

a threatened penalty for disobeying the law

Question 14

Name 3 types of sanctions

Answer 14

Imprisonment with conviction, community correction order, fine

Question 15

What are the 5 purposes of sanctions?

Answer 15

Deterrence, Denunciation, Punishment, Protection & Rehabilitation

Question 16

Deterrence

Answer 16

aiming to discourage future offending from the accused (specific) or the community (general)

Question 17

Denunciation

Answer 17

showing the disapproval of court to the broader community to inform that such actions will not be tolerated

Question 18

Punishment

Answer 18

Facilitates the community seeking revenge against the offender in order to feel that justice has been done

Question 19

Protection

Answer 19

Offender may be removed from society if there is the risk that they will commit further offences

Question 20

Rehabilitation

Answer 20

Focuses on goal of reforming an offender to prevent future offending in the future

Question 21

fine

Answer 21

money paid by the offender to the state

Question 22

community correction order (CCO)

Answer 22

a non custodial, supervised order served in the community. intended to be flexible so it is tailored to the offender

Question 23

imprisonment

Answer 23

sanction that involves the removal from society and being placed in the custody of a state for a specified period of time

Question 24

How do time factors impact the principles of justice?

Answer 24

Fairness-Delays impact evidence retrieval
Equality- Some may be placed at disadvantage if they find the delay distressing
Access-Delays hinder accessibilty of courts

Question 25

What are difficulties faced due to cultural differences?

Answer 25

Language difficulties, low knowledge about legal system, cultural misunderstandings and failures of legal system to consider disadvantage

Question 26

What are the main purposes of fines?

Answer 26

Punishment and deterrence

Question 27

What are the main purposes of imprisonment?

Answer 27

Protection, punishment, deterrence and denunciation

Question 28

What are the main purposes of community correction orders?

Answer 28

Deterrence, rehabilitation and denunciation

Question 29

what are 4 factors considered in sentencing?

Answer 29

Aggravating factors, migitating factors, guilty pleas and victim impact statements

Question 30

Aggravating factors

Answer 30

Circumstances that can increase seriousness of the offence, and should lead to a higher sentence eg. crime committed in front of children

Question 31

Mitigating factors

Answer 31

Circumstances that can reduce seriousness of an offence, therefore leading to a potentially lesser sentence eg. showing remorse, early guilty plea

Question 32

Victim impact statement

Answer 32

Statement that summarises the damage cause by the accused to the victim to assist the court in sentencing

Question 33

cost as a limitation

Answer 33

Legal representation is expensive, which can disadvantage lower-income individuals. Legal Aid exists, but not everyone qualifies.

Question 34

time as a limitation

Answer 34

Delays in the legal system—due to backlogs, gathering evidence, or appeals—can cause stress for victims and accused persons.

Question 35

cultural differences as a limitation

Answer 35

Language barriers, a lack of understanding of the legal system, and bias can make it harder for some people to access justice fairly. Indigenous Australians, for example, face significant challenges in the legal system.