VCE Legal Studies - Unit 3 AOS 1

Access

One of the principles of justice; access means that all people should be able to understand their legal rights and pursue their case.

Accused

A person charged with a criminal offence.

Burden of Proof

The obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case.

Director of Public Prosecution (DPP)

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

Equality

One of the principles of justice; equality means people should be equal before the law and have the same opportunity to present their case as anyone else, without advantage or disadvantage.

Fairness

One of the principles of justice; fairness means having fair processes and a fair hearing (e.g. the parties in a legal case should have an opportunity to know the facts of the case and have the opportunity to present their side of events; and the pre-hearing and hearing (or trial) processes should be fair and impartial).

Indictable Offence

A serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria.

Jury

An independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict).

Office of Public Prosecutions (OPP)

The Victorian public prosecutions office which prepares and conducts criminal proceedings on behalf of the DPP.

Presumption of Innocence

The right of a person accused of a crime to be presumed not guilty unless proven otherwise.

Prosecutor

The Crown in its role of bringing a criminal case to court (also called the prosecution).

Sanction

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

Standard of Proof

The degree or extent to which a case must be proved in court.

Summary Offence

A minor offence generally heard in the Magistrates Court.

Victim

A person who has suffered directly or indirectly as a result of a crime.

Victims' Charter

A charter (i.e. the Victims' Charter Act 2006 (Vic)) that recognises the impact of crime on victims and provides guidelines for the provision of information to victims.

Criminal Justice System

A set of processes and institutions used to investigate and determine criminal cases.

Appeal

An application to have a higher court review a ruling (i.e. decision) made by a lower court.

Indictable Offence Heard Summarily

A serious offence which can be heard and determined as a minor offence if the accused agrees.

Bail

The release of an accused person from custody on condition that they will attend a court hearing to answer the charges.

Vulnerable Witness

A person who is required to give evidence in a criminal case and is considered be impressionable or at risk. This might be a child, a person who has a cognitive impairment, or the alleged victim of a sexual offence.

Cross-Examination

The questioning of a witness called by the other side in a legal case.

Victoria Legal Aid (VLA)

A government agency that provides free legal advice to the community and low-cost or no-cost legal representation to people who can't afford a lawyer.

Cognitive Impairment

An Issue with brain functioning that can affect thinking, memory, understanding or communication (e.g. an acquired brain injury or dementia).

Examination-in-Chief

The questioning of one's own witness in court in order to prove one's own case and disprove the opponent's case.

Beyond Reasonable Doubt

The standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.

Common Law

Law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law).

Victims Register

A register (i.e. database) maintained by the state of Victoria set up to provide the victims of violent crimes with relevant information about adult prisoners while they are in prison (e.g. the prisoner's earliest possible release date.

Parole

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

Victim Impact Statement

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

Victorian Charter of Human Rights and Responsibilities

A Victorian law that sets out the basic rights, freedoms and responsibilities of all people in Victoria.

fair hearing

A hearing in which both parties have a reasonable opportunity to be heard, in an open court, with an impartial judge and jury of their peers

Impartial

unbiased; neutral

Unbiased

without prejudice, impartial

trial by jury

The right of a person to be tried by a jury, or a group of citizens, to decide if the person is guilty or not guilty of committing a crime.

C.C.O.

Community Corrections Order - a sentencing order requiring the offender to undertake conditions while in the community; can include doing unpaid community work and/or drug/alcohol treatment and/or curfews or other restrictions on movement.

C.L.C.

Community Legal Centre. Staffed by paid and volunteer lawyers and offer free advice and help for Victorians experiencing social and economic disadvantage. Can explain legal rights and help an accused complete necessary applications for assistance such as Legal Aid.

denunciation

One of the 5 purposes of sanctions: to condemn and publicly criticise and condemn the conduct of the offender as wrong and inexcusable.

deterrence

A purpose of sanctions - punishment used to prevent crime because of the perceived consequences. Can be general (general population) and/or specific (a particular offender)

fine

a monetary penalty for an offence

imprisonment

removing the offender from the community and denies them their liberty.

Plea Negotiations

pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid

V.L.A.

Victoria Legal Aid - a government funded agency (institution) established to ensure that Victorians who cannot afford to pay for private lawyer can receive assistance with their legal problems.

aggravating factors

circumstances surrounding a crime that heightens its seriousness for purposes of sentencing. Increases culpability and sentence

prior convictions

Convictions previously incurred by an offender.

expert evidence

Testimony given by a person who has special qualifications to testify in regard to specific facts in the case.

guilty plea

admission of guilt to the crime charged, can result in a reduced sanction as it is seen as a mitigating factor.

Koori Court

a division of the Magistrates' Court, Children's Court and County Court that (in certain circumstances) operates as a sentencing court for Aboriginal people

Magistrates' Court

the lowest court in the Victorian court hierarchy. It deals with the largest number of criminal disputes. Hears summary offences as well as indictable offences triable summarily, committal proceedings, warrants and bail applications before a single magistrate.

County Court

a court that hears the majority of serious indictable offences (before a judge, and if the plea is not guilty, a jury of 12)

Income test

the test applied by Victoria Legal Aid (VLA) to determine if a duty lawyer can represent an accused. The test is satisfied when the accused can show they have limited income

mitigating factors

any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in a lesser sentence. Can include an early guilty plea.

original jurisdiction

the authority to hear cases for the first time

pro bono

Legal work undertaken without charge (or at a reduced rate) to the client

protection

One of the purposes of sanctions which is to imprison the offender to prevent further harm

punishment (just)

One of the purposes of sanctions which is to inflict some kind of loss or burden on the offender that is just, given the circumstances of the offending.

recidivism

a repetition of or return to criminal behavior

re-examination

The last stage of questioning a witness. The party who first called the witness asks further questions to clarify any issues that arose during cross-examination.

Rehabilitation

To establish conditions that would alter or modify the behaviour of offenders so that they will abandon their wrong doing and re-integrate into society as law-abiding citizens.

self-represented party

a person with a matter before a court or tribunal who has not engaged (and is not represented by) a lawyer or other professional

Specialist CLC

a community legal centre that focuses on a particular group of people or area of law (e.g. young people, asylum seekers, domestic violence and animal protection)

unanimous verdict

a verdict or decision where all the jury members are in agreement and decide the same way (e.g. they all agree the accused is guilty)

means test

A test that considers income and assets to determine eligibility for a grant of legal assistance

Duty Lawyers

Available in the Magistrates Court to represent clients on the day in summary matters. Accused must satisfy an income test to qualify.

Committal hearing

Preliminary hearings in the Magistrates' Court in which the Crown proves they have sufficient evidence to justify a conviction by a jury in a higher court.

Purpose of a committal hearing

A case in which the prosecution, on the face of it, has sufficient evidence to secure a conviction in a higher court

Presumption of innocence

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

Court dog

An alternative arrangement allowing a witness to have a specially trained dog with them while they give evidence

support person

An alternative arrangement allowing a person to have another person with them while they give evidence.

Cultural Factors

Factors that may impact a person's ability to use the criminal justice system due to cultural or communication misunderstandings