Institutional powers V individual rights
A common law right the allows a person to remain silent when questioned or asked to supply information by a person in authority
Right to silence
How many people sit on the jury?
12
Recidivism
the act of deciding and declaring the sanction an offender will receive after pleading or being found guilty of an offence
Sentencing
What are three alternative approaches to sentencing
The Drug Court
The Koori Court
Diversion Programs
The legal status of an accused when they are held in custody awaiting trial
Remand
A legal process that a dissatisfied party may pursue to have the court's decision reviewed by a higher court
Appeal
What are two difficulties culturally and linguistically diverse people face in the legal system?
1. Lack of awareness of their rights
2. Daunting and overwhelming
3. Not familiar with legal system (adversarial, not inquisitorial)
4. English language skills
Restoring an offender to normal life as a law-abiding member of society.
Rehabilitation
True or False: The drug court has the power to give rewards to offenders who have been compliant with their order
True
An entitlement accused people possess to have their case heard in a timely manner
Right to be tried without unreasonable delay
When 11 of the 12 jurors agree on the culpability of the accused
Majority verdict
Name two resources available for young people and intellectually disabled people facing difficulties with the legal system?
1. Community Legal Centres such as Youthlaw
2. Interpreter
A type of deterrence in which the offender themselves is discouraged from reoffending and committing offences of a similar nature.
Specific deterrence
An order that aims to rehabilitate an offender by providing a judicially supervised, therapeutically oriented drug or alcohol treatment program
Drug Treatment Order (DTO)
A police officer has the power to demand a person's name and address if they have reasonable grounds to believe the person has:
1. Has committed, or is about to commit an offence.
2. Can assist police an indictable offence investigation.
The juror who communicates on behalf of the entire jury
The foreperson
They determine whether a young person is eligible for parole.
Publicly condemning an offender's criminal behaviour
Denunciation
The Koori Court has reduced recidivism rates by what percentage in Victoria?
14%
What source of law gives the power to corrections officers in Victoria?
Correction Act 1986 (Vic)
The process of selecting the jurors for a trial, whereby potential jurors can be found ineligible, disqualified or excused
Jury empanelment
What source of law states a child cannot give evidence if they are unable to understand, or give an answer to, a question about fact.
Evidence Act 2008 (Vic)
a sentence of imprisonment or detention that is served at the same time as another when an offender has been convicted of more than one crime
Concurrent sentence
What is the eligibility for the Koori Court (5 elements)
1. The accused must be Aboriginal or Torres Strait Islander
2. The offence must not be a sexual offence, or a contravention of a family violence order.
3. The accused intends or has pleaded guilty to a criminal offence