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Crime, Law
crime, law, punishment court structure
Question | Answer |
---|---|
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 |