VCE Legal Studies Flashcards

Flashcards on VCE Legal Studies Unit 1, Area of Study 3: Sanctions

Principles of Justice

Fairness, equality, access

Fairness (Principle of Justice)

Ensures an accused and victim can experience an impartial hearing in the criminal justice system.

Equality (Principle of Justice)

All people are treated the same in the criminal justice system so there is no disadvantage or inconsistency; promotes an equal result for all parties.

Access (Principle of Justice)

Enables an accused to understand their legal rights and the processes their case will undergo.

Institutions Enforcing Criminal Law

Police and Courts

Role of Police

Prevention, Investigation, Prosecution of crime. Maintaining social order and educating the public about law.

Police Powers

Questioning suspects, search and seizure, arrest and detain, issue cautions, investigate crime scenes.

Individual Rights (Police)

Right to silence, legal representation, timely court appearance, contact friends/legal representatives, non-discrimination.

Delegated Bodies

Specialized government agencies authorized by parliament to enforce laws in specific areas.

Consumer Affairs Victoria

Enforces consumer trading and tenancy laws.

Environmental Protection Authority (EPA)

Investigates breaches of environmental laws.

Local Councils

Enforce local laws.

State Revenue Office (SRO)

Administers laws relating to taxes, duties, and levies.

VicRoads

Prosecutes road and traffic offences.

WorkSafe Victoria

Monitors and enforces occupational health and safety laws.

Role of the Courts

Conduct criminal trials, pre-trial procedures, and impose sanctions.

Individual Rights (the Courts)

Impartial judge, presumption of innocence, trial by jury, legal representation, fair rules of evidence, interpreter, bail hearing, present evidence.

Court Hierarchy

Structure where lower courts hear less serious cases, and higher courts handle more serious cases and appeals.

Jurisdiction

The level of authority, or power, that a court can exercise in deciding cases.

Original Jurisdiction

A court's ability to hear a matter for the first time.

Appellate Jurisdiction

Higher courts' ability to review matters decided in lower courts.

Doctrine of Precedent

A precedent is only applied where the material facts of a case are the same, or substantially similar.

Magistrates’ Court Jurisdiction

All summary offences, indictable offences heard summarily, committal and bail hearings.

County Court Jurisdiction

All indictable offences, except murder, treason, and corporate offences; appeals from Magistrates’ Court.

Supreme Court (Trial Division) Jurisdiction

Serious indictable offences, including murder and treason; appeals from Magistrates’ Court on a question of law

Supreme Court (Court of Appeal) Jurisdiction

Appeals from the County Court or SC – Trial Division (with leave)

Role of the Jury

Determine guilt or innocence based on facts presented in County and Supreme Courts for indictable offences.

Jury Selection Process

Random selection, questionnaire, summons, random selection from pool, challenges, empanelment.

Unanimous Verdict

All jury members agree (requirement for most serious indictable offences)

Majority Verdict

11/12 jury members agree

Doli Incapax

Children aged 11 and under

Purposes of Sanctions

Punishment, deterrence, denunciation, protection, and rehabilitation.

Types of Sanctions

Fines, Community Correction Orders (CCOs), Imprisonment, Drug Treatment Orders, Discharge, Adjournment.

Principles of Sentencing

Community Protection, Punishment, Deterrence, Rehabilitation, Denunciation.

Drug Court

Imposes drug treatment orders to address an offender’s criminal behaviour by treating substance abuse issues

Koori Court

Alternative sentencing court that approaches hearings more informally to align with traditional Aboriginal and Torres Strait Islander practices

Diversion programs

An alternative to the court system that allows low­level offenders to avoid a criminal record, provided they make amends for their wrongdoing