Challenges in the Criminal Justice System for Diverse Groups

Systemic Racism

Discrimination leading to harsher treatment in justice.

CALD

Culturally and linguistically diverse individuals.

Demographics of NT

Median age in NT is 23 years.

First Nations Population

61,000 First Nations people reside in NT.

Self-Governance

NT gained self-governance rights in 1978.

Unicameral Parliament

NT parliament consists of a single legislative chamber.

Mandatory Sentencing

Laws requiring minimum sentences for specific offenses.

Therapeutic Jurisprudence

Legal approach focusing on rehabilitation over punishment.

Victorian Drug Court

Specialized court for drug-related offenses and rehabilitation.

Drug and Alcohol Treatment Order (DATO)

Community-based sentence with treatment for substance abuse.

Koori Courts

Culturally tailored courts for Aboriginal defendants.

Informal Hearings

Less formal court process for Aboriginal cases.

Recidivism

Tendency of offenders to reoffend after rehabilitation.

Koori Court

Court designed for Aboriginal defendants, emphasizing community involvement.

Diversion program

Alternative to sentencing, avoiding criminal records for offenders.

Magistrate's role

Judicial officer who decides sentences in Koori Court.

Protection

Sanction protects community from further offenses.

Denunciation

Court declares crime as unacceptable behavior.

Deterrence

Sanction aims to prevent future similar crimes.

Rehabilitation

Sanction helps offender reintegrate into society.

Equal Justice

Similar offenders receive comparable sentences.

Aggravating Factors

Details making the offense more serious.

Mitigating Factors

Details making the offense less serious.

Pre-sentence Hearing

Court session before sentencing to gather information.

Secondary Victims

Individuals affected by the crime indirectly.

Summary Offence

Minor crime, often punishable by fines.

Drug Treatment Order

Sentence aimed at rehabilitating drug offenders.

Cumulative Sentences

Multiple sentences served one after another.

Concurrent Sentences

Multiple sentences served simultaneously.

Custodial Sentence

Imprisonment as a form of punishment.

Community Correction Order (CCO)

Flexible sentence allowing community living under conditions.

Monetary Penalty

Fine imposed as punishment for an offence.

Penalty Units

Standardized monetary value for fines, $192.31 as of July 2023.

Legal Custody

State of being confined in prison.

Court Hearing

Judicial proceeding to determine legal outcomes.

Judicial Discretion

Judges' authority to decide on sentences.

Jury

Group deciding verdicts in trials.

Role of Jury

To return a verdict based on evidence.

Jurors

Judges of facts in legal trials.

Verdict

Decision on guilt or liability.

Unanimous Verdict

All jurors agree on the verdict.

Majority Verdict

Most jurors agree, e.g., 11/12.

Hung Jury

No legal verdict reached by jurors.

Eligible Jurors

Must be 18+, citizens, registered voters.

Ineligible Jurors

Cannot serve due to legal involvement.

Disqualified Jurors

Unsuitable due to past offenses.

Excused Jurors

Valid reasons for not serving on jury.

Peremptory Challenges

Parties can dismiss jurors without reason.

Civil Trial Jury Size

Typically consists of 6 jurors.

Criminal Trial Jury Size

Typically consists of 12 jurors.

Standard of Proof

Evidence level needed for a verdict.

Damages Calculation

Jury determines compensation in civil cases.

Indictable Offences

Serious crimes requiring jury trials.

Deliberation Time

Minimum six hours for majority verdict.

Juries in Appeals

Juries are not used in appeal cases.

Peremptory Challenge

Each party has six in criminal trials.

Challenge for Cause

Requires legitimate reason, judge validates reason.

Indictable Offence

More serious offences, heard in higher courts.

Indictable Offences Heard Summarily

Serious offences heard by Magistrate in Magistrates' Court.

Original Jurisdiction

Court's power to hear a case first.

Appellate Jurisdiction

Court's power to hear appeals from lower courts.

Magistrates' Court

Lowest court, hears minor criminal cases.

County Court

Middle court, trials for indictable offences.

Supreme Court

Highest court, trials for serious indictable offences.

Supreme Court of Appeal

Hears appeals, no original jurisdiction.

Strict Liability Offence

No need to prove intent for prosecution.

Committal Hearing

Preliminary hearing to determine if trial proceeds.

Bail Application

Request for temporary release before trial.

Separation of Powers

Division of government into three branches.

Legislature

Makes laws, includes Parliament and Senate.

Judiciary

Interprets laws, includes High Court.

Police Powers

Authorities granted to law enforcement for crime prevention.

Individual Rights

Legal entitlements protecting citizens' freedoms and privacy.

Balance of Powers

Equilibrium between police authority and citizens' rights.

Warrant

Formal court approval required for certain arrests.

Citizen's Arrest

Non-police individual detaining a suspected offender.

Crimes Act 1958

Legislation outlining reasons for lawful arrests.

Public Order Preservation

Maintaining societal peace during police interventions.

Detention of Terrorist Suspects

Holding individuals under anti-terrorism laws for 14 days.

Community Protection Act 2006

Legislation enabling extended detention for terrorism prevention.

Indictable Offense

Serious crime requiring formal charges and trial.

Summary Offense

Minor crime typically handled without a jury.

Summary offences

Minor crimes prosecuted in the Magistrates' Court.

Coercive powers

Authority to compel cooperation in organized crime cases.

Police investigations

Gathering evidence and questioning suspects post-crime.

Evidence collection

Gathering oral, physical, or forensic evidence at crime scenes.

Magistrates' Court

Court handling summary offences and minor cases.

Office of Public Prosecutions

Prosecutes serious offences in higher courts.

Principles of Justice

Fairness, equality, and access in legal contexts.

Sanctions

Legal penalties imposed for criminal offenses.

Criminal Justice System

System for enforcing criminal law and justice.

Institutional Powers

Authorities held by law enforcement agencies.

Sentencing Purposes

Goals include punishment, deterrence, and rehabilitation.

Types of Sanctions

Include fines, community orders, and imprisonment.

Drug Court

Special court for drug-related offenses and rehabilitation.

Fairness

Legal processes must be fair and impartial.

Equality

All individuals treated equally under the law.

Access

Right to legal representation and court participation.

Sanctions Purposes

Goals include punishment, deterrence, and rehabilitation.

Alternative Sentencing Approaches

Includes drug courts and diversion programs.