12398731
Description
Flashcards by Jarrod Foreman, updated more than 1 year ago
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Created by Jarrod Foreman
about 6 years ago
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| Question | Answer |
| What are the "Principles of Justice?" | 1. Fairness. 2. Equality. 3. Access. |
| What is a Summary offence, and where is it heard? Give some examples also. | A Summary offence defines to be a minor offence dealt with by a Magistrate. |
| What are some examples of a Summary offence? | Some examples of Summary offences include; 1. Road and trafficking matters. 2. Graffiti. 3. Minor drug abuse. |
| What is an Indictable offence, and where is it heard? | An Indictable offence is considered to be a serious crime that is heard in the County or Supreme court before a Judge and Jury. |
| What are some examples of an Indictable offence? | 1. Murder. 2. Sexual assault. 3. Terrorism. 4. Aggravated burglary. |
| What is an Indictable offence heard Summarily? | An Indictable offence heard Summarily is a least-serious Indictable crime that is heard within the Magistrate's Court, hence punishments do not exceeding 10 years of imprisonment. |
| Define what the "Burden of Proof" is. | The "Burden of Proof" is the duty of the prosecutor or plaintiff to prove that the defendant committed the act they are accused of. Sufficient evidence must be provided to achieve this. |
| Explain what the "Standard of Proof" is. | The "Standard of Proof" is the level of certainty necessary to establish proof within a Civil or Criminal trail. As such, within a Criminal trial the prosecution must prove the accused guilty beyond a reasonable doubt. |
| Explain the "Presumption of Innocence." | The "Presumption of Innocence" ensures that every person is considered to be 'Innocent until proven guilty.' This is outlined in Section #25(1) of the Charter of Human Rights and Responsibilities Act (2006). |
| What are the Rights of the Accused within the Victorian Criminal Justice System? | 1. The right to be tried without unreasonable delay. 2. The right to a fair hearing. 3. The right to trial by Jury. |
| Explain what the "Right to be tried without unreasonable delay" means. | Section #25 of The Charter of Human Rights and Responsibilities Act (2006) provides this right. This right means that an accused should be tried quickly and that cases should not be unduly delayed. |
| What are some reasons/factors that may delay a court proceeding? | 1. The determining of a plea. 2. The preparation of a case. 3. The court's workload. 4. The collecting of evidence. 5. The complex rules of evidence and procedure (voir dire). |
| What are a few consequences that may occur if a court case is delayed? | 1. Unnecessary hardship for victims and their families, as well as the accused awaiting trial. 2. Witnesses may have difficulty remembering details that may have occurred well over 12 months before they testify. 3. A person accused of a crime may be denied their liberty and held in remand, thus enduring stress and possibly trauma. 4. Legal fee's become more expensive for the accused and victim. |
| What is a consequence that may occur if a court case is held too fast, and how may it inflict upon a Principle of Justice? | "Fairness" may be compromised with this scenario as if the case is heard too fast, sufficient evidence may not be acquired in time, and consequently the victim and/or accused may be placed at disadvantage. |
| Explain what the "Right to a Fair Hearing" aims to achieve. | The aim of the "Right to a fair hearing" is to prevent an innocent person from being convicted of a crime. Section #34 of The Victorian Charter of Human Rights and Responsibilities outlines this specifically. This means that 'an accused is presumed innocent until proven guilty.' Therefore, the Judge may not use prior crimes or convictions when determining the accused guilty or not guilty. |
| What is "Natural Justice?" | "Natural Justice" is the basic principles of fairness and equal opportunity, and is the role and function of a Judge and Magistrate. |
| Name a few features of "Natural Justice." that a Judicial Officer must follow. Describe at least 3. | 1. To be impartial. 2. To hear both sides of a case. 3. To provide both parties with an equal opportunity to present their case. 4. To act on evidence presented before the court. 5. To provide reasons for their judgements. 6. To have the right of appeal if a Judicial Officer does not enforce these principles. |
| What is a Jury? | A Jury is a panel of citizens selected to witness a case and to reach a verdict based on the evidence presented. |
| Explain the "Right to trial by Jury." | Trial by jury is based on the notion that all individuals in the community are responsible for the administration of justice. This right is only offered to those who have commited an indictable offence (within the County or Supreme courts). The 'Juries Act 2000' lays down the requirements for the composition and empanneling of duties. |
| Give reasons as to why a Jury might be important. Name at least 3. | 1. It provides an impartial and unbiased decision-making body. 2. A jury ensures proceedings abide by the Principles of Justice. 3. A jury decides the Innocence or Guilt of an accused. 4. A jury ensures community involvement. 5. A jury shares decision-making. |
| What are the Rights of the Victim within the Victorian Criminal Justice System? | 1. The right to give evidence as a vulnerable witness. 2. The right to be informed about the Proceedings. 3. The right to be informed of the likely release date of the accused. |
| Explain why the "Right to give evidence as a vulnerable witness" is important. | Some victims may be subjected to considerable strain in giving their testimony on a crime, and as such must be treated accordingly. |
| How is the "Right to give evidence as a vulnerable witness" achieved? | The law offers special provisions to children and people with cognitive impairments to ensure equality when testifying. Clause #6 provides that all persons affected by a crime are to be treated with courtesy, respect and dignity. Clause #12 provides a prosecuting agency, and protects the victim from intimidation by minimising contact with all people associated with the accused. |
| Name some special provisions available to the victims of a case. Give at least 3. | 1. Having a friend or relative in court while you give your evidence. 2. Having a screen in court so that you do not have to see the accused while you give evidence. 3. Having the court closed to the public while you give evidence. 4. Giving your evidence on a closed-circuit television. |
| Describe the "Right to be informed about the Proceedings." | A victim of a crime has the right to be kept informed with regards to Criminal proceedings pertaining to them, including receiving details on a Police investigation or Court proceeding. |
| Describe what Clause #8, Clause #9, and Clause #10 does in regards to the "Right to be informed about the Proceedings." | Clause #8 provides that an investigatory agency (such as the DPP or Police) is to inform a victim, at reasonable intervals, about the progress of a Criminal investigation offence. Clause #9 further enhances Clause #8 by placing the obligation on the prosecuting agency (DPP or Police prosecutor) to offer a victim information regarding the charges filed or not filed against the accused, such as the reasoning behind the decision and any other further decisions to substantially modify these factors. Clause #10 provides that, on the request of the victim, the information detailing the outcomes of any applications of bail by an accused person are to be revealed. |
| How is the victim's right to "Be informed of the likely release date of the accused" attained within the Criminal Justice System? | A victim can apply to be placed on a 'Victims Register' in which provides information to the relevant victim about an offender sent to prison for a violent crime. |
| What information does a 'Victims Register' provide to a victim? List at least 3 responses. | 1. The length of the offender's sentence. 2. The offender's earliest possible release date. 3. If the length of the offender's sentence changes. 4. If the offender applies for parole. 5. If the offender is released on parole. 6. The conditions of the offender's that could improve the victims safety. 7. If the offender's parole is cancelled. 8. If the offender is transferred to another state of Australia. 9. If the offender escapes from prison. 10. If the offender dies during their sentence. |
| Where can information be found concerning the offenders of a case? | Clause #17 of the Victims Charter. |
| What is "Common Law?" | "Common Law" are laws developed by the Courts through the application of precedent. |
| Explain "Fairness" as a Principle of Justice, and how it relates to the Victorian Criminal Justice System. | "Fairness" means to treat impartially, without fear or favour. This principle typically associates with; 1. Legal Rights of the accused or plaintiff. 2. Legal Rights of the victims. 3. Factors considered in sentencing. |
| Explain "Equality" as a Principle of Justice. | "Equality" ensures that all people are provided with the same opportunities and are to be treated with the same status and rights as others. |
| Explain "Access" as a Principle of Justice. | "Access" ensures that all people have the means or opportunity to attain dispute settlement or redress dispute. |
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