Prison and punishment - exam revision

What is deviance?

Is behaviours, beliefs, or actions that violate societal norms or expectations, often leading to social disapproval or punishment.

Denunciation

To show society’s disapproval of the offenders actions and reinforce moral boundaries.

What are your rights when interacting with police?

A person does not have to go to the police station for questioning unless under arrest. A person must be told why they are under arrest.

Custodial sentence

A punishment where the offender is held in custody, such as in prison or youth detention, instead of being allowed to stay in the community.

Conciliation & third party

Very similar to mediation. Aims to assist parties in resolving disputes. The third party listens and can make suggestions to help the parties reach their decision.

How many people in a jury in a civil trial?

6

Community corrections order

Is a supervised sentence in the community that includes special conditions, such as treatment of the offender and unpaid community work for a certain amount of hours.

What is social control theory?

Looks at the interaction between the individual and their society and the ways in which social norms are supported. Focuses on providing a structural explanation for why deviant behaviour occurs.

What is mens rea?

A guilty mind.

Conditions of a CCO

Must not commit another offence punishable by imprisonment during the term of the order, must report to a specified community connections centre within 2 working days of the order coming into force, and must report and receive visits from CC officers. Must notify an officer of a change of address, must not leave VIC without permission, and must comply with day directions for CC officers.

Arbitration & third party

Is a legal process where a neutral third party (the arbitrator) listens to both sides of a dispute and makes a binding decision to resolve it.

How many people in a jury in a criminal case?

12

What is civil law?

Civil law deals with disputes between individuals or organisations, usually involving rights, property,or contracts, and aims to provide compensation rather than punishment.

Burden of proof

The responsibility of the party in a legal case to prove their claims or allegations are true.

Imprisonment

A custodial sentence is where an offender is sent to jail for a set period as punishment to protect the community.

What is purpose of sanctions protection?

To keep the community safe by removing or restricting dangerous individuals.

Whats the court hierarchy?

High Court of Aus, Supreme Court of Vic (Court of Appeal & Trial Division), County Court of Vic, Magistrates Court of Vic (Children’s and Coroners Court).

Third party in mediation

Known as the Mediator. Their role is to ensure the proceedings are conducted in a fair manner. Aren’t allowed to suggest any ideas.

Mediation

A dispute resolution method that encourages the plaintiff and the defendant to solve their matter outside the courtroom.

When is it appropriate to go to koori court?

A person can go to Koori court if they identify as Aboriginal or Torres Strait Islander and plead guilty to a suitable offence.

What is remand?

Someone who is refused bail will be held on remand in a remand centre until the case comes to trial or until bail is granted in the future.

What is labelling theory?

Suggests that society creates deviance by identifying particular members as deviant.

What are the elements of murder?

1. The killing was unlawful.

2. The accused acts were voluntary.

3. The accused caused the victim's death.

4. The accused acted with intent to kill or cause serious harm.

Factors that court needs to consider when issuing a fine

  1. the financial circumstances of the offender,

2.   any loss or destruction of, or damage to, property suffered as a result of the offence

3. the value of benefit received by the offender from the offence,

4.   any compensation being imposed

What is purpose of sanctions punishment?

to make the offender suffer consequences for their crime and show that the law must be obeyed.

What is bail?

The procedure that enables accused people to be released from custody after being charged while awaiting their hearing or trial.

What is moral panic?

Is a widespread public fear or overreaction to a perceived threat to society’s values or safety often exaggerated by the media.

What is actus reus?

A guilty act.

What is the age of criminal responsibility?

14+. 11-13: doli imcapax. 10- cannot be convicted.

Koori court

Court for Aboriginal and Torres Staight Islander offender that includes Elders to make sentencing more culturally appropriate.

Purposes of sanctions

Punishment, protection, rehabilitation, deterrence, denunciation.

What are the key concepts in civil law?

Breach, loss, causation

Non-custodial sentence

Is a punishment given by court that does not include prison/ jail time.

Fine

A monetary penalty paid by the offender to the state of Victoria.

What are the types of crime?

Summary and indictable offences

Factors that contribute to recidivism

Substance abuse, lack of rehabilitation programs, poverty and homelessness

What’s a summary offence?

A less serious crime.

What is criminal law?

An area of law that deals with crimes.

Standard of proof

The level of certainty and evidence needed to prove a claim in court.

What are police powers?

Enforce the law, welfare checks, prevent crimes, protect the innocent.

What is purpose of sanctions rehabilitation?

to help the offender change their

behaviour and become a law-abiding

citizen.

Deterrence

To discourage the offender and others in society from committing similar crimes.

Cumulative sentence

Is when an offender is convicted of multiple claims and serves each sentence one after the other, adding up the total time in custody.

How does media influence moral panic?

The media influences moral panic by exaggerating threats and spreading fear to the public.

What is an indictable offence?

A more serious crime

Recidivism

When a person reoffends or commits a crime again after already being punished for a previous offence.

Concurrent sentence

Is when an offender is convicted of multiple crimes and serves all the sentences at the same time.