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Crime, Law

crime, law, punishment court structure

QuestionAnswer
Indictable offences Serious crimes that are tried within our trial courts (The County and Supreme Court). They are heard before a jury. The standard of proof required to find an accused guilty is “beyond all reasonable doubt”.
Accessory Any person who participates in a crime either before or after it is committed
Plea In a criminal proceeding the general answer given by the accused in response to allegations by the Crown. Guilty or not guilty.
Defence The reason an accused gives for having committed the offence they have been charged with. The aim is to reduce the crime they are charged with or reduce their culpability
Verdict Outcome of the case – Guilty or not guilty
Jury Trial by peers – A cross section of the community – A criminal jury in Victoria begins with 15 and then when the verdict is handed down 3 are dismissed and 12 make the decision.
Sentence The punishment for a crime that involves a custodial sentence (this means you are in prison). In Victoria we have cumulative and concurrent sentence practices.
Statute law Are made by parliament
Exclusive powers to make laws – that is, no other law-making body can make laws in this area – such as, Terrorism and Major drug importation.
Concurrent powers our parliaments share law making power
Residual powers some laws are not mentioned in the Constitution and states are able to make laws in these areas
Common law Made by the courts and is set via precedent (so laws made by the court)
Criminal law refers to acts and omissions against society which are punishable by law
Civil law A dispute between two individuals or a group of people.
Punish A strategy designed to penalise (punish) the offender and show society and the victim that criminal behaviour will not be tolerated
Protect Designed to safeguard the community from an offender preventing them from committing a further offence (often by imprisoning the offender)
Rehabilitate Designed to reform an offender in order to prevent them from committing offences in the future
Denounce Designed to demonstrate the community’s disapproval of the offender’s actions
Sanction is a punishment given to a person who is found guilty of a crime
Victorian Courts include: Magistrates Court, County Court, Supreme Court Trial Division and Supreme Court - Court of Appeal
Koori Court is a sentencing court of Indigenous offenders who plea guilty to a crime It uses the approa
Magistrates Court Summary offences – Minor offences that fall under the Summary Offences Act (Vic)
County Court has the Jurisdiction to hear all Indictable offences other than Homicide or Federal cases
Supreme Court The Trial Division which has the jurisdiction. and the Appeals Division
Created by: fquinn
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