Principles of Justice & General
What are the three principles of justice?
Fairness, Access, Equality
Prosecution and accused
Lists 3 types of costs.
Lawyers' fees, court fees, disbursements (e.g. expert witnesses)
Identify the sanctions you need to know.
Fines, CCO, Jail
What are the two reasons for a criminal court hierarchy?
Appeals, Specialisation
What do you include in Part B answers? Provide 2 examples.
STIMULUS - e.g. names, court, offences, sanction, injuries
Who is responsible for determining the verdict in a trial?
Jury
What can cause delays in/before court?
COVID, translators, long wait times etc.
List the 5 purposes of sanctions, and their synonyms.
DETER: discourage; REHAB: treatment; DENOUNCE: disapprove; PUNISH: retribution; PROTECT: safeguard
A party is able to challenge a decision made by a lower court.
Appeal
What principle of justice could be linked to these words? Use, understand
Access
What is one similarity between judges and magistrates?
Managing the trial/hearing, sentence
What part of the criminal justice system aims to address cultural differences for First Nations people?
Koori Court
List 1 core and 1 special condition of a CCO.
CORE: change of address, do not leave the state, do not commit an offence; SPECIAL: treatment program, community service, curfew, non-association condition
Courts exist in levels (e.g. MC lowest, HC highest). This allows for: allocation of resources, reviews of decisions, specialisation (expertise)
How do you structure a contrast question? How many marks is it usually worth?
3 marks - 1. identify difference, 2. Side one, 3. HOWEVER/ON THE OTHER HAND, 4. Side two
How do lawyers achieve access? (Be specific - you could use an example)
E.G. Information for accused, for example whether or not to accept a plea deal (informed basis)
Translators take time to translate information from one language to another. This impacts...
Time (causes delays)
I am discouraged from committing offences in the future based on my sentence.
Specific deterrence
How do appeals achieve fairness?
Impartial - allow for any errors to be corrected
How many minutes per mark is the Year 12 VCAA Legal Studies exam?
1.5 minutes per 1 mark
What is something the prosecution must do, that the accused does not have to do?
How do cultural factors impact fairness?
Less impartiality (judged on ethnicity, immigration status, language); less participation (unable to understand, language barrier)
What is the difference between aggravating and mitigating factors? Provide an example of each.
Their impact on the sentence. E.G. Agg: weapon, vulnerability, planning; MIT: remorse, CPR, therapy
Link specialisation to two principles of justice.
F: experts - impartial b/c more experience; A: informed basis - experience dealing with the same types of cases; E: all judges in court (e.g. SC) are experts in the same types of offences (e.g. murder)