The Victorian criminal justice system
What is the main purpose of criminal law?
To protect society by defining conduct that is considered unacceptable and establishing consequences for people who commit criminal offences.
What is the main purpose of civil law?
To resolve disputes between individuals or organisations and provide remedies when a person has suffered a legal wrong.
What is the role of the Victorian Parliament in law-making?
The Victorian Parliament makes and changes Victorian legislation by passing bills through the parliamentary process.
What is law reform?
Law reform involves changing, creating or removing laws to ensure that the legal system continues to meet the needs and expectations of society.
What was the main constitutional change proposed by the 2023 referendum?
The referendum proposed to alter the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples by establishing an Aboriginal and Torres Strait Islander Voice to Parliament.
What is the difference between a summary offence and an indictable offence?
A summary offence is generally less serious and is heard in the Magistrates' Court. An indictable offence is generally more serious and may be heard in a higher court such as the County Court or Supreme Court.
What is the difference between a plaintiff and a defendant?
The plaintiff is the party bringing a civil action. The defendant is the party responding to the claim.
What is the role of the courts in law-making?
Courts can make law through judicial decisions, particularly when interpreting legislation or developing common law and establishing precedent.
What is the role of the Victorian Law Reform Commission?
The VLRC independently reviews and researches areas of Victorian law and provides recommendations for law reform to the Victorian Government.
What two major changes relating to Aboriginal and Torres Strait Islander peoples were approved by the 1967 referendum?
The 1967 referendum approved two constitutional changes:
A strong student answer should also recognise that the referendum was overwhelmingly supported by voters and is an important example of the Australian people directly participating in constitutional change.
Explain two factors that can affect an accused person's ability to receive a fair hearing.
Possible answers:
Explain two factors that can affect a person's ability to access the civil justice system.
Possible answers:
Explain how the doctrine of precedent allows courts to make law.
Courts follow legal principles established in previous cases. Decisions of higher courts can be binding on lower courts in the same hierarchy. When deciding a new case, courts may interpret or develop existing principles, contributing to the common law.
Explain two ways the people can influence law reform.
Possible answers:
Students should explain how each method can influence law reform rather than simply naming two methods.
What was the purpose of the Yoorrook Truth-telling process?
Yoorrook was Victoria's first formal truth-telling process. Its purpose was to investigate and establish an understanding of the historical and ongoing injustices experienced by First Peoples in Victoria and to make recommendations for reform.
Explain the role of sanctions in achieving the purposes of the criminal justice system.
Sanctions impose consequences on offenders and can achieve purposes such as punishment, deterrence, rehabilitation, denunciation and protection of the community. Students should explain how the sanction contributes to one or more purposes.
Using a relevant civil case, explain how a remedy can provide justice for a plaintiff.
Students should identify a relevant case and explain the remedy awarded. They should then link the remedy to the harm suffered and explain how it provided justice.
Explain how the Victorian Parliament and the courts can influence each other's law-making.
Parliament can change or abolish common law through legislation. Courts interpret legislation when applying it to cases and can develop common law where appropriate. Parliament can subsequently respond to judicial decisions by passing or amending legislation.
Explain how a Royal Commission can contribute to law reform.
A Royal Commission can investigate significant issues, gather evidence and hear from affected people and organisations. It can then make recommendations for changes to laws, policies or practices. The government can consider these recommendations when deciding whether reform is necessary.
Explain how the VLRC's work on stalking demonstrates the role of an independent law reform body.
The Victorian Law Reform Commission investigated Victoria's laws relating to stalking and considered whether the existing legal framework was effective. It consulted with relevant stakeholders and made recommendations for potential law reform.
Evaluate the ability of the Victorian criminal justice system to achieve justice for victims, offenders and society.
Strong answers should consider:
Evaluate the ability of the Victorian civil justice system to provide effective access to justice.
Strong answers could consider:
Evaluate the ability of the Victorian Parliament and courts to make law effectively.
Students should consider criteria such as:
Evaluate the effectiveness of two methods used by the people to influence law reform.
Students should:
Possible methods include petitions, demonstrations, media, social media and lobbying.
What is one key difference between the 1967 referendum and the 2023 referendum as methods of constitutional reform?
The 1967 referendum was successful, resulting in constitutional change, while the 2023 referendum was unsuccessful, so the proposed constitutional change did not occur.