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What are the 5 purposes of sanctions? (name and define)
Deterrence (prevent future crimes), Rehabilitation (change offender attitude & behaviour), Denunciation (express society's disapproval of offender's actions), Punishment (impose a just consequence on offender), Protection (physically remove offender from society)
Define Burden of proof
the responsibility of proving the case rests with the prosecution in criminal trials
Principle of Access, define
Everyone should have the opportunity to understand their legal rights and be able to pursue their case in court, regardless of financial or social barrier.
What is VCLC?
Victorian Community Legal Centres, provides free legal services (especially to those facing economic, social and cultural disadvantage)
Define standard of proof
the level of proof required is beyond reasonable doubt
What is a Victim Impact Statement?
Describes the harm the crime caused the victim/s
Define Community Correction Orders (COOs)
A supervised sentence served in the community
Define Principle of Equality
All individuals should be treated equally before the law, regardless of personal characteristics (race, gender or socioeconomic status)
Define Principle of Fairness
Legal processes must be unbiased, ensuring a fair hearing for all parties
What is the purpose of plea nogotiations?
allows the accused to plead guilty to a lesser charge in exchange for a reduced sentence or dropped charges
What are the benefits of a court hierarchy?
Specialisations (courts become familiar with specific types of cases and develop expertise) & Appeals (allows for decisions to be reviewed by higher courts, ensuring fairness and correcting unjust decisions)
Summary vs Indictable offences
Summary = less serious (minor traffic violation, minor assaults, Magistrates' Court)
Indictable = more serious (murder, drug traffic, County or Supreme Court)
What is VLA?
Victorian Legal Aid, Government-funded organisation providing legal advice and representation for those that cannot afford.
What are the rights of victims?
Right to provide a Victim Impact Statement
Right to be informed
Right to give evidence using alternative arrangements (only in cases of sexual violence & child witnesses)
What are the roles of key personnel in a civil dispute?
Judges/Magistrates, Juries, Parties (plaintiff, defendant)
What is the purpose of Incarceration? Explain each one
Punishment, deterrence, denunciation, rehabilitation & protection
What are class actions?
allows one individual to represent 7 or more plaintiffs in a case that involves a similar issue of fact or law
What are the 4 types of Damages?
Compensatory, Nominal, Contemptuous & Exemplary
Factors that affect justice
Costs, Time & Cultural differences
What are the roles of key personnel in a criminal case?
Judge/Magistrates, Juries, Parties (prosecution and accused)
Which sanction is most effective for young offenders?
CCO's (focus on rehabilitation, connected to community, less harmful than imprisonment)
Class Actions: Benefits & Limitations
Benefits: time and cost saving, increase access to justice
Limitations: limits control of individuals over proceedings, and may not represent the needs of all involved.
Which purpose of sanctions is most important when sentencing a repeat violent offender?
Protection (protect society from further harm, physically removes offender from community, repeat offending suggests rehabilitation/deterrence may have failed)
Methods to resolve civil disputes, and their strengths and weaknesses.
Mediation, Conciliation & Arbitration
Which institution is most appropriate for a small consumer dispute?
Victorian Civil and Administrative Tribunal (VCAT) (informal and low cost, faster than courts, designed for minor civil disputes)