Unit 1 AOS3 Legal

Principles of Justice

fairness, equality, access

Fairness:

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

means all people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage in the legal system without disparity or disadvantage

Access:

Access: means that all people should be able to engage with the justice system and its processes on an informed bias

Bias:

a prejudice or lack of objectivity in relation to one person or group

Apprehended bias:

a situation in where a fair-minded lay observer might reasonably believe that the person hearing or deciding a case (judge or magistrate) might not bring an impartial mind to the case

Prosecutor:

the representative of the prosecution who is responsible for conducting the criminal case and appearing in court

Evidence:

information, documents and any other materials used to prove facts in a legal case

Victim impact statement:

a statement filed with the court when sentencing. It contains any particular injury, loss or damage suffered by the victim as a result of the 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 all members of the community and low cost or no cost legal representation to some people who cannot afford a lawyer

Alternative arrangements:

measures that can be put in place for witnesses in certain criminal cases

Plea negotiations:

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

Disparity:

a situation in which two or more things or people are not equal, and the inequality causes unfairness

Oath:

a solemn declaration by which a person swears the truth on a religious or spiritual belief. Without the religious or spiritual belief, it is called an affirmation.

Community legal centre (CLC):

an independent community organisation that provides free legal services to people who are unable to pay for those services

Parole:

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

Delegated body:

an authority or agency given power by parliament to make/ or enforce laws

By laws:

local laws or regulations made by local councils that’s apply to residents in local areas

Penalty unit:

a measurement used to calculate the amount of a fine. The government can change the penalty unit to increase the amount of a fine

International treaty-

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws

Human Rights Charter-

its main purpose is to protect and promote human rights

Institutional powers-

the authority given to bodies such as VIC police to undertake certain actions

Bail-

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

Bail justice-

a volunteer who works within the justice system, generally outside normal court operating hours, to hear applications in relations to bail or remand

Conviction-

a finding of guilt made by a court, whether or not a conviction is recorded. When recorded, becomes part of a criminal record

Committal proceedings-

the pre-trial hearings and processes held in the Magistrates Court for indictable offences

Legal aid-

legal advice, education or information about the law and the provisions of legal services

Imprisonment-

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Tribunal-

a dispute resolution body that resolves civil disputes and is intended to be less costly, more informal and faster way to resolve disputes than the courts

Complaints body-

an organisation established by parliament to resolve formal grievances made by an individual about the conduct of another party

Committal hearing-

a court hearing that is held as part of the committal proceeding in the Magistrates Court. At a committal hearing the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

Jurisdiction-

the lawful authority of a court, tribunal or other dispute resolution body to decide legal cases

Original jurisdiction-

the power of a court to hear a case for the first time (not an appeal from a lower court)

Appellate jurisdiction-

the power of a court to hear a case on an appeal

Intervention orders-

a court order that is designed to protect a person, their child and their property from another person

Jury directions-

instructions given by a judge to a jury either during or at the end of a trial

Remand-

the situation where an accused is kept in custody until their criminal trial can take place

Unanimous verdict-

a decision where all the jury members are in agreement and decide the same way

Majority verdict-

a decision where all but one of the members of the jury agree. In criminal trial this means 11 of the 12 jurors agree

Parliamentary committee-

a small group of members of parliament who consider and report on a single subject in one or both houses. Committee members can come from any party

Royal commission-

the highest form of inquiry into matters of public concern and importance. Royal commissions are established by the government and are given wide powers to investigate and report on an important matter of public concern

Intergenerational trauma-

a psychological response to highly distressing, stressful or oppressive historical events, such as war or significant injustices, which is passed on to future generations.

Customary law-

a body of norms, practices and beliefs that a local community or group of people accept as legal requirements or rules of conduct

Sentencing advisory council-

an independent statutory body that provides statistics on sentencing in Victoria, conducts research, seeks public opinion and advises the Victorian Government on sentencing matters

Punishment-

one purpose of a sanction, designed to penalise the offender and show society and the victim that criminal behaviour will not be tolerated

Deterrence-

one purpose of a sanction designed to discourage the offender and others in the community from committing similar offences

General deterrence-

one purpose of a sanction designed to discourage others in the community from committing similar offences

Specific deterrence-

one purpose of a sanction designed to discourage the offender from committing further offences

Denunciation-

one purpose of a sanction designed to demonstrate the community’s disapproval of the offender’s actions

Protection-

one purpose of a sanction to safeguard the community from an offender by preventing them from committing a further offence (imprisonment)

Rehabilitation-

one purpose if a sanction designed to reform an offender in order to prevent them from committing offences in the future

Fine-

a sanction that requires the offender to pay an amount of money to the state

Community correction order (CCO)-

a flexible, non-custodial sanction that the offender serves in the community, with conditions attached to the order

Imprisonment-

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Parole-

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

Recidivism-

reoffending returning to crime after already having been convicted and sentenced

Aggravating factors-

facts or circumstances about an offender or an offence that can lead to a more severe sentence

Mitigating factors-

facts or circumstances about the offender or the offence that can lead to a less severe sentence

Drug court-

a specialist court that is able to impose a drug treatment order on an offender where drugs or alcohol contributed to the commission of the offence

Drug and alcohol treatment order-

a type of sanction imposed by the Drug Court that aims to treat the underlying causes of an offending and includes both the treatment and custody of the offender

Koori court-

a division of the magistrates court and the county court that operates as a sentencing court for First Nations people

Diversion program –

a method used in the magistrates court and the children’s court to redirect offenders away from the court and avoid a criminal record by placing them on a plan