I don't make the law, I just enforce it
Name one Victorian Delegated Body.
Vicroads, Worksafe, EPA, Local Councils, Consumer Affairs Victoria, Victorian Building Authority, State Revenue Office, Wage Inspectorate Victoria...
Identify one strength of the courts in resolving criminal cases?
impartial; specialised; formal; appeals
How many jurors need to agree to reach a 'majority verdict'?
11 out of 12
Early release from prison is called...
Parole
Identify one strength of diversion programs.
allows avoidance of criminal records; saves court resources; provides offenders with access to rehab, counseling etc; can involve victims; reduces recidivism
Name one Commonwealth Delegated Body.
Australian Securities and Investments Commission (ASIC), ATO, Australian Competition and Consumer Commission (ACCC)
Summary Offences, Indictable offences heard summarily, committal proceedings, bail and warrant applications
Identify one weakness of the jury system.
don't give reasons for their decisions; task is difficult; delays; biases; not everyone is able to participate
Define the term 'denunciation'.
The court showing disapproval for the actions of the accused.
Identify one way that sentencing in the Koori Court differs from a normal sentencing process.
less formal; offender can have lawyer, family member, one or more elders or respected persons First Nations justice worker; sit around a round table
Name one right that prisoners have under section 47 of the Corrections Act.
open air for at least one hour each day; right to be provided with adequate food including special dietary food; right to be provided with suitable clothing; reasonable medical care and treatment; etc.
Identify one specialised Victorian Court (other than the Koori or Drug Courts)
Children's Court, Coroners Court
Name at least two of the roles of a criminal jury.
listen to evidence; concentrate during the trial; piece evidence together to determine guilty/not guilty; reach a unanimous verdict
Identify one factor that would impact the effectiveness of fines.
financial circumstances; amount of fine; willingness to pay; whether people know about the fine; whether the offender has addressed their behaviour
Identify one criterion that must be met to be eligible for the Drug Court.
reside within an area serviced; must plead guilty; must be within the jurisdiction of the MC/CC; must not be a sexual offence or involving actual bodily harm; must be dependent on drugs/alcohol;
Name the four stages of a criminal case for which we study institutional powers vs. individual rights.
Arrest, Questioning, Court Proceedings, Imprisonment
The County Court hears indictable offences except...
(name at least 2 exceptions)
Treason, Murder, Attempted Murder, Certain Conspiracies
Name on principle of justice and identify one way that criminal juries help achieve one of the principles of justice.
independent/impartial- fairness; community involvement- access; juries decide based on evidence- fairness; spreads responsibility- fairness; reflects community values- access, fairness...
Identify one type of sanction other than imprisonment, fines or community corrections orders.
Court secure treatment order with conviction; drug and alcohool treatment order; youth justice centre order; youth residential centre order; adjournment; discharge; dismissal
Name two ways that sentencing in the Northern Territory differs from Victoria.
Fewer Courts; fewer prisons; some sentences that aren't available in Victoria; minimum sentencing regime in the NT; high incarceration rate for indigenous and non-indigenous offenders
Which act of parliament contains the police power of questioning?
Section 464A of the Crimes Act (1958)
What is the appellate jurisdiction of the Supreme Court (Trial Division)?
Appeals from the Magistrates' Court on a point of law
Some people can be disqualified from jury service. Name two other ways you can be removed from jury service.
Ineligible, Excused
Name three optional conditions that can be attached to a CCO.
unpaid community work; treatment and rehab; supervision; non-association condition; residence restriction; place or area exclusion; curfew; alcohol exclusion; judicial monitoring; electronic monitoring; justice plan condition
Identify 3 factors that may increase a sentence.
nature and gravity of the offence; aggravating factors .g. violence/explosives, offence taking place in front of children, motivated by hatred/prejudice...; prior offending; impact of the offence on any victim; injury, loss or damage