Unit 2 Legal Studies Outcome 1 – Sanctions SAC Revision Guide Area of Study One – Sanctions .On completion of this unit the student should be able to explain key concepts in the determination of a criminal case, and discuss the principles of justice in relation to the determination of criminal cases, sanctions and sentencing approaches. – Chapter 11 KEY KNOWLEDGE ✔ This knowledge includes: ✔ 1. the principles of justice: fairness, equality and access 2. institutions that enforce criminal law, such as the police and delegated bodies 3. the balance between institutional powers and individual rights 4. an overview of the role and criminal jurisdictions of the Victorian courts 5. the role of the jury in a criminal trial 6. the purposes of sanctions: punishment, deterrence, denunciation, protection and rehabilitation 7. types of sanctions such as fines, community correction orders and imprisonment 8. factors considered by judges in sentencing 9. aspects of sentencing practices in Victoria and in one other jurisdiction 10. alternative approaches to sentencing, such as the use of the Drug Court, the Koori Courts and diversion programs 11. two recent criminal cases and for each case: – an overview of the charges and the central facts of the case – courts that may be or were involved – sanctions that could be or were imposed and their appropriateness – factors that may be or were taken into consideration in sentencing – possible avenues of appeal – the extent to which the principles of justice could be or were achieved. KEY SKILLS These skills include the ability to: ● define and use legal terminology ● research, analyse and apply information in relation to criminal law and two recent criminal cases ● describe the institutions that enforce criminal law ● explain the role of the Victorian courts and juries in criminal cases ● discuss the principles of justice in relation to the enforcement of criminal law and sanctions ✔ ● discuss the ability of sanctions to achieve their purposes ● discuss approaches to sentencing ● analyse the extent to which the principles of justice could be or were achieved in two recent criminal cases. Describe the principles of justice: Principle Explanation Fairness Equality Access Victoria Police is the main institution that enforces criminal law relating to indictable offences and most summary offences in Victoria. Their role is to: 1 2 3 4 Statutes that provide Victoria Police with powers include Information will then be given to the Office of Public Prosecutions (OPP) which is responsible for prosecuting indictable offences in court. The role of the Australian Federal Police is A Delegated body is: Victorian Delegated Bodies Explanation Consumer Affairs Commission Environmental Protection Authority (EPA) State Revenue Office (SRO VicRoads Victorian Work Cover Authority (WorkSafe Victoria) Commonwealth Delegated Bodies Explanation Australian Securities and Investments Commission (ASIC Australian Taxation Office (ATO) The stages of a criminal case are: Powers Individual Right Institutional Power Arrest Questioning Bail Court Proceedings Imprisonment of the offender Reasons for a Court hierarchy: Reasons Specialisation Appeal Explanation Doctrine of precedent Administrative convenience The role of Victorian Courts Reasons Explanation Determining a criminal case Impose a sanction Complete the following table: Original jurisdiction Magistrates’ Court • Summary offences • Indictable offences heard summarily • Committal proceedings • Bail and warrant applications County Court Supreme Court (Trial Division) Supreme Court (Court of Appeal) Appellate jurisdiction • No appellate jurisdiction Children’s Court Coroners Court When are criminal juries used? Composition of a criminal jury is: Selection of jurors: Explanation Ineligible Disqualified Excused Role of jury Strengths and weaknesses of the jury system Strengths Weaknesses A Sanction is Purpose of sanctions Punishment Protection Deterrence Explanation Denunciation Rehabilitation Types of sanctions Explanation Imprisonment Fines Community Corrective Order Community corrective orders: There are two types of conditions imposed on an offender when given a CCO: • mandatory conditions – • optional conditions – At least one optional condition must be attached to the CCO. Purpose Factors considered by judges when sentencing: When sentencing an offender, the court must ensure the sentence that is given is appropriate to the crime committed. Section 5(2) of the Sentencing Act sets out the factors a court must take into consideration when sentencing an offender. They include current sentencing practices, the maximum penalty for the offence, the personal circumstances of any victim, and the presence of ____________________________ factors or ______________________ factors. Factors that may reduce the sentence Factor Description Nature and gravity of offence Early guilty plea Mitigating factors Lack of prior offending Remorse Sentencing options in Victoria Sanction Fines Community-based orders Drug treatment orders Imprisonment Description Alternative approaches to sentencing: Drug court Describe Eligibility Process Drug treatment order Effectiveness of the Drug Court Sample Questions: 1. Describe the purposes of sanctions (5 marks) 2. What is a mitigating factor? Explain how it contributes to a sentence (3 marks) 3. What is an aggravating factor? Explain how it contributes to a sentence (3 marks) 4. Justify the reason for a court hierarchy in the Victorian criminal justice system (4 marks) 5. Explain one power of the police and one individual right when dealing with police (4 marks) 6. Describe the role of the jury in a criminal case (4 marks) 7. Identify and describe the role of two specialist courts in the Victorian criminal justice system (4 marks) 8. Explain the differences between the approach taken to sentencing in Victoria and that of another jurisdiction (4 marks) 9. Evaluate the extent you think the following sanctions meet their purposes a) Fines b) Community corrections order c) Imprisonment (3x 5 marks)
