Legal Studies: Chapter 4 Summary (Unit 1 AOS 3 – Sanctions)

This flashcard set covers key terminology from the Victorian criminal justice system lecture notes, including the principles of justice, institutional roles, court procedures, and difficulties faced by diverse groups.

Fairness

The principle that all people can participate in the justice system and its processes in a impartial and open way.

Equality

The principle that all people engaging with the justice system and its processes should be treated in the same way, implementing special measures to prevent disparity or disadvantage.

Access

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

Rule of law

The principle that the law applies to everyone equally regardless of status.

Victim impact statement (VIS)

A written or verbal statement made to a court about the effect of an offence upon the victim.

Victoria Legal Aid (VLA)

A government-funded agency that provides free legal information, advice, and free or low-cost legal representation.

Delegated body

A specialised government agency that has been given authority from parliament to make and enforce laws within its area of specialisation.

Sanction

A penalty imposed by a court, or an authorised body, on an offender when they plead guilty or are found guilty of a crime.

Warrant

A document that permits law enforcement to make an arrest, search premises, or perform an action that upholds justice.

Admissible evidence

Evidence that abides by the rules of procedure and is, therefore, allowed to be presented to the court.

Hearsay

Previous evidence made by a person outside of the court that is presented as the alleged truth of fact but is usually deemed inadmissible in court.

Bail

The process whereby a person who has been arrested and charged with a crime is released from police custody and allowed in the community whilst awaiting their trial.

Right to silence

A common law right that allows a person to remain silent when questioned or asked to supply information by a person in authority.

Right to be tried without unreasonable delay

An entitlement accused people possess to have their case heard in a timely manner unless the court considers delays to the trial to be reasonable.

Remand

The legal status of an accused when they are held in custody awaiting trial.

Court hierarchy

The arrangement of courts in order of superiority.

Jurisdiction

The legal power of a court or other authority to make decisions.

Original jurisdiction

The legal power of a court or other authority to hear a case for the first time.

Appellate jurisdiction

The legal power of a court to review a decision of a lower court or tribunal on appeal.

Committal proceeding

A hearing in the Magistrates’ Court that is used to determine whether there is sufficient evidence against an accused person, charged with an indictable offence, for a trial in a higher court.

Question of fact

An issue within a case whereby the material facts of the case need to be determined by weighing up the credibility of the evidence.

Question of law

An issue of law that is resolved by a judge, often concerning the interpretation and application of legal principles or legislation.

Case management powers

The ability of a judge or magistrate to make orders and provide directions to the parties about the proceedings, with the aim of ensuring justice is delivered efficiently.

Plea hearing

A process that occurs after an accused pleads, or is found, guilty whereby the prosecution and accused make statements to the judge about the case factors for sentencing.

Jury

A group of randomly selected people who are required to deliver a verdict in a trial based on the evidence presented to them in court.

Electoral roll

The list of names of all Australians who are enrolled to vote, comprising citizens over $18$ years old.

Verdict

A decision made by a judge or jury regarding the guilt or liability of a party.

Jury empanelment

The process of selecting the jurors for a trial, whereby potential jurors can be found ineligible, disqualified, or excused.

Culpability

A measure of the degree to which an individual can be held legally responsible for a criminal act.

Young people

People aged $10$ to $18$ years who are subject to different legal processes.

Age of criminal responsibility

The age at which the law considers a child capable of understanding their wrongful actions and therefore able to face criminal charges.

Custodial sentence

A sentence that an offender serves in prison.

include:
4B: Institutions that enforce criminal law
-THe role of the police

-The role of delegated bodies

-Evaluating the ability of institutions that enforce criminal law to achieve the principles of justice (strengths & limitations)

4C: Institutional powers and individual rights
-Institutional powers
-Police powers 

-Court powers

-Individual rights

-Individual rights when dealing with the police

-Individual rights during court proceedings

-The balance between institutional powers

and individual rights
-Evaluating the balance between institutional powers and individual rights in relation to the principles of justice (strengths & limitations)

4D: Criminal jurisdictions of Victorian courts