Principals of Justice
Who has the Burden of Proof in a Criminal Case?
Prosecution
What is the role of the Jury in a criminal case?
To decide the verdict (guilty/ not guilty)
What is the order of the Victorian Courts?
Magistrates, County, Supreme and High
3 Types of Sanctions
Fine, Imprisonment, Community Corrections Order (CCO)
Name the purposes of sanctions (pprdd)
Potection, Punishment, Rehabilitation, Deterrance, Denunciation
What is the Standard of Proof in a Criminal Case?
Beyond Reasonable Doubt
What is one role of the Judge in a Criminal case?
Determine sentencing
True or False: If you go to the magistrates court you may have a jury at your trial?
False- Never a jury there
Jack was caught driving 40km over the speed limit. What would be the most appropriate sanction for Jack?
Fine
What sanction is likely best for achieving rehabilitation?
Community Corrections Orders (CCO's)
What is the Presumption of Innocence?
Accused are innocent before proven Guilty
An offence that is a minor criminal offence is called?
A summary offence
What are the 2 Supreme Courts?
Trial and Appeals
Doug has been found guilty of drug possession. Doug has a history of similar offences. Doug has recently expressed interest in rehabilitation and has 2 kids he is a solo-guaridan to. What sanction would be most appropriate for Doug?
CCO
John has been found guilty of Assault. He has been sentenced to 3 years imprisonment. What is one weakness of this sanction in providing protection for the community?
The protection only lasts the 3 years of his sentence. After that time he is free to commit crime again.
What are the principals of justice?
Fairness, Equality and Access
A major/ serious criminal offence is called a?
Indictable offence
What court would you go to for a murder trial?
Supreme
What is the max term of imprisonment allowed to be given in the Magistrates Court?
2 Years for a single offence
Barbara has been fined $450 for speeding. How might this sanction provide specific deterrance?
Barbara is less likely to commit the crime again to avoid paying having to pay a fine.
Bob is charged with armed robbery after being caught robbing a bank. What is the standard of proof in this case and who has the burden of proof in this case?
Beyond reasonable doubt and the prosecution
Lucy recently was found guilty of burglary in the Count Court. She thinks her scentence was too harsh. What court would she go to for an appeal?
Supreme Court of Appeal
Julie is being charged with speeding and driving while under the influence. Which court would she go to for her case?
Magistrates Court
Fines and Imprisonment
What are the two type of Deterrance
General and Specific