legal u1 aos3

what institutions enforce law

police
australian federal police
delegated bodies (vicroads, consumer affairs, councils)

fairness

all people can participate in the justice system and its processes should be impartial and open

equality

all people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

access

all people should be able to engage with the justice system and its processes on an informed basis

how is fairness uphelp

presumption of innocence
burden of proof
standard of proof
public court hearings
independent judge and jury

how is equality upheld

translators
rule of law
specialist courts

how is access upheld

legal aid
legal rep
victims remained informed

role of vic police

arrest
talk to victims/witnesses
charge people
question suspect
gather evidence
examine crime scene

police in court

prosecute summary offences in court
police pass indictable offences to the office of public prosecution

australian federal police

investigate crimes with a federal aspect

delegated bodies

authorities or agencies that are given power by parliament to make and enforce laws
vic roads
consumer affairs vic
local councils

vic police

main institution that enforces criminal law they examine and get their powers from legislation

institutional powers

arrest
questioning
bail
court proceedings
imprisonment

why are powers balanced

ensures a just outcome
if institutional powers are too few crime prevention and law enforcement can be difficult
prevents abuse
ensures protection

arrest police power

can use reasonable force
can arrest without a warrant

arrest individual rights

right to silence
must be informed of the reason for their arrest

questioning police powers

question arrested within a reasonable amount of time

questioning individual rights

can have translator
right to silence

bail police power

bail can be refused if the court is not satisfied (not appear in court, continue to offend, run away)
court can set conditions for bail

bail individual rights

entitled to be granted bail unless it is refused

court proceedings police power

Police can commence criminal action against an accused for the purposes of obtaining a guilty verdict and to punish the offender.

court proceedings individual rights

impartial court
public hearing
presumption of innocence
informed of reason for charge
legal aid

imprisonment police power

examining any person
seizing unauthorised goods
arranging for medical tests for drugs/alcohol

imprisonment individual rights

suitable clothing
open air 1hr a day
adequate food
access to medical care and dental treatment
special care for intellectually disabled/mentally ill

magistrates court jurisdiction

summary offences
indictable offences heard summarily
committal proceedings
bail/warrant applications

magistrates court appellate jurisdiction

none

county court jurisdiction

indictable offences except serious (murder, attempted, conspiracies and corporate offences)

county court appellate jurisdiction

from magistrates on a conviction or sentence

supreme court trial jurisdiction

serious indictable

supreme court trial appellate jurisdiction

magistrates on a question of law

supreme court appeal jurisdiction

none

supreme court appeal appellate jurisdiction

county or supreme court

reasons for court hierarchy

specialisation
appeals
doctrine of precedent
administrative convenience

specialisation

court personnel develop their knowledge for certain types of law

appeals

party dissatisfied can apply to challenge decision to a higher court

doctrine of precedent

lower courts are bound to follow decisions from higher courts to ensure predictability and consistency

administrative convenience

quick/small cases heard in lower courts while complex cases heard in higher courts to allow for efficiency and reduces backlog

role of courts

determine the case by deciding whether accused is guilty
impose appropriate sanction if the accused has been found guilty

when are juries used

in county and supreme court to determine the guilt of a party that has plead not guilty

role of jury

listen to all evidence and concentrate during trial
remain objective
determine guilt of the accused

strengths of jury

independent and impartial
allows community to be involved in justice system
ensures fairness as jury deliberates based off evidence in court
spreads responsibility for making decision
reflects community values
variety of perspectives as they are a random selection of people

weakness of jury

do not give reasons for decision and deliberate behind closed doors
may be biased
not all community members can be apart of the jury
can be hard to understand complex cases
may create delays to explain legal terms to jury

difficulties faced by first nations people

overrepresentation in criminal justice system
cultural differences
lack of respect
lack of culturally safe legal services

how justice system addresses first nations people

dedicated funding for indigenous legal aid
developing specialised koori court and programs to ensure cultural differences are addressed
ongoing cultural compliance training for people who work in court

difficulties faced by culturally and linguistically diverse

lack of financial resources
religious and cultural barriers
racism
discrimination
overrepresentation in criminal justice system

how justice system addresses culturally and linguistically diverse

free interpreter
specialist community legal centres for asylum seekers/refugees
advice and resources provided to court to ensure fairness

difficulties faced by mentally ill/disabled

lack of rehab programs
more likely to experience violence and abuse
lack of understanding from others
discrimination
lack of support services
overrepresentation in criminal justice system

how justice system addresses mentally ill/disabled

adjustments made in courtroon procedures
specialist advice provided by community legal centres and legal aid
programs available to address needs of people with mental illness/disability

purposes of sanction

punish
deter
denounce
rehabilitate
protect

punishment

penalise offender and show society and victim that criminal behaviour is not tolerated

detterence

discourage the offender and others in society from committing similar offences
general deterrence: community
specific: offender

denunciation

demonstrate community/judge's disapproval of the offender's actions

protection

safeguard the community from an offender and preventing further harm

rehabilitation

reform an offender in order to prevent them from committing offences in the future

fine

monetary penalty paid to the state of victoria

community corrections order

a flexible, non

imprisonment

the most serious sanction that can be imposed. involves the removal of the offender from society wand into a secure facility known as a jail or prison

effectiveness of fine

financial circumstances of offender and their ability to pay
amount of fine
if the fine is paid

effectiveness of imprisonment

length of sentence
conditions of the prison
whether the prisoner is treated (rehab)

effectiveness of cco

length of cco
the mandatory conditions imposed
the optional conditions imposed
whether the offender's liberty is restricted

mitigating factors

circumstances about the offender or the offence that can lead to a lesser sentence and reduce their culpability

aggravating factors

circumstances about an offender or an offence that can lead to a more severe sentence and increase their culpability

mitigating factors eg

early guilty plea
young age
no prior offending
remorse
not as serious

aggravating factors eg

prior offending
victim impact statement
injury, death or damage as a result of offence
very serious offence