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Unit 3 LS Revision
AOS 1 2019
| Question | Answer |
|---|---|
| What are the three 'principles of justice'? | Fairness, Equality, Access |
| Which POJ best refers to 'the impartial and just treatment or behaviour, without favouritism or discrimination'? | Fairness |
| Having the right and ability to utilise the resources of the legal system relates to which POJ? | Access |
| Equality and Fairness are the same thing in the eyes of the law and justice. T / F? | False |
| What is the Rule of Law? | The idea that everyone in society is bound by, and must obey the laws. |
| Rules that only apply to particular groups and organisations are known as? | Non - Legal Rules |
| Rules that apply to everyone in society are known as? | Legal Rules / Laws |
| What are the 5 key concepts of criminal law? | Summary Offence Indictable Offence Burden of Proof Standard of Proof Presumption of Innocence |
| Who are the parties to a criminal case? | Prosecution / Defendant |
| Who has the burden to proof a criminal case in court? | Prosecution |
| The right to a fair trial, the right to a trial by jury and the right to be tried without unreasonable delay are all example of what? | Rights of the Accused |
| The Charter of Human Rights and Responsibilities Act 2006 (Vic) protects the rights of the accused? T / F | True |
| What are three rights of the victim? | The right to give evidence as vulnerable witness The right to be informed about the proceedings The right to know the likely release date of the offender |
| Which piece of legislation protects the rights of Victims in Victoria? | The Victim's Charter Act 2006 (Vic.) |
| This government funded agency provides free legal advice and information to the community. | Victorian Legal Aid |
| What is one weakness of the VLA's role? | Unless its general advice, VLA only assists those who are eligible. VLA prioritises certain criminal cases over others. Not enough staff to assist all cases. |
| What is a CLC? | Community Legal Centre |
| A strength of the CLC is? | Assists all members of the community regardless of financial status. Independent from the government and legal system. |
| Where are all indictable cases initially heard? | Magistrates' Court |
| The set of hearings and processes that take place in the Magistrates' Court for indictable offences are known as? | Committal proceedings |
| To determine if there is sufficient evidence to take a case to a higher court, and determine the plea of the accused are purposes of what? | Committal Proceedings |
| This process is seen as a transaction between the prosecution and the defendant whereby the prosecution offers some kind of incentive/concession in exchange for a guilty plea. | Plea Negotiation |
| Provide one strength for Plea Negotiations. | Early determination of case without trial. Saves victim trauma. Saves time and resources. |
| Provide one weakness for Sentence Indication. | Judge may not grant this request if evidence not sufficient. For Indictable Offences, only a term of imprisonment is required to be indicated. Victim Impact Statements and other evidence may not be needed to decide on the sentence. |
| Two main reasons for a court hierarchy in a criminal matter are: | Specialisation of courts Appeals |
| In a criminal trial, this key personnel decides on the verdict of the accused based on the evidence presented. | Jury |
| In a criminal trial, this key personnel is responsible for presenting the case in the best possible light by providing evidence, and opening and closing addresses whilst following court rules. | Legal Practitioners |
| In a criminal trial, this key personnel acts an umpire of referee managing the trial, and decides on the sentence. | Judge |
| This is the legal penalty for someone who has been found guilty of a criminal offence. | Sanction |
| What are the five purposes of sanctions? | Protection Punishment Rehabilitation Deterrence Denunciation |
| What are the three most common sanctions from least sever to most severe? | 1.Fines 2.Community Correction Order (CCO) 3.Imprisonment |
| These factors may reduce the seriousness of an offence or the offenders culpability. | Mitigating Factors |
| Aggravating factors? | Increase the seriousness of an offence or the offenders culpability. |
| Two other factors that affect sentencing are? | Guilty Plea Victim Impact Statement |
| The three factors that affect the ability of how the Criminal Justice System achieves the POJ are? | Cost Factors Time Factors Cultural Factors |
| An example of a Cultural Factor could be? | Language Barriers |
| Delays in preparing a case for a hearing or trial is an example of which factor? | Time Factor |
| The high costs of legal representation is an example of what factor? | Cost Factor |
| A recent reform has already occurred. T / F | True |
| A reccomended reform has already occurred. T / F | False |
Created by:
dnahas
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