Please enable JavaScript.
Coggle requires JavaScript to display documents.
Legal Studies unit 2 AOS1 - Coggle Diagram
Legal Studies unit 2 AOS1
Criminal investigations
Institutions enforcing criminal law
Role of police are
Prevention
Investigation
Prosecution
Delegated bodies refer to groups that parliament allow to enforce certain laws
Work safe
Vicroads
Local councils
Institutional powers vs individual rights
Police powers include
The right to arrest a suspect
The right to question a suspect in custody
Individual rights include
right to meet with a lawyer
Right to have a bail hearing
presumption of innocence
Criminal cases in courts
Criminal jurisdiction of victorian courts
Original jurisdiction refers to where cases are heard for the first time
Appellate jurisdiction refer to where appeals are held
Vic court hierarchy are , Magistrates court, county court, supreme court trial division and supreme court court of appeals, then the high court
Reasons for court hierarchy are Appeals process, administrative control, specialisation.
Role of jury in criminal trial
Jury are used in all criminal trials held in the supreme court and county court
A jury is made of 12 members
A role of a jury is to determine guilt, select a foreman and be objective and unbiased
Sentencing offenders
Types of sanctions
CCO
Mandatory conditions
Optional conditions
Fines
Imprisonment
It is last resort and worst of the 3
Purposes of sanctions
Just punishment
Protection of society
Rehabilitation
Denounciation
Detterence
Factors considered in sentencing
Mitigating factors
Remorse
Guilty plea
unplanned
Cooperation
Aggravating factors
Planned crime
a weapon was used
History of offenders
alternate approaches
Diversions are ways to deal with sentences without using courts
Conditions to a diversion are an apology to victim, donating to charity and counseling
Example of diversions are the drug court and koori court