ATAR Notes: Forum

HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: marcusgrahamm on May 23, 2017, 08:27:37 pm

Title: Crime Possible Questions
Post by: marcusgrahamm on May 23, 2017, 08:27:37 pm
Post below possible crime response questions you think could be in the 2017 exam...

Share responses as well if you wish!
Title: Re: Crime Possible Questions
Post by: marcusgrahamm on May 23, 2017, 08:29:32 pm
Using provocation as a partial defence for murder, discuss the extent to which the law balances the rights of victims, offenders and society, the role of law reform in the criminal justice system and the effectiveness of legal and non-legal measures in achieving justice.
Provocation is defined under S3 of the Homicide Act 1957, as where someone is charged with murder and there is evidence from which the jury can find he/she was provoked by things said, done or both, so that one had lost self-control and that a reasonable human being would not have behaved in such a manner, therefore the offender may be convicted of manslaughter opposed to murder. Amid the criminal trial process, reforms to the core homicide defenses reflect progressive success of the judicial system in balancing the rights of victims, offenders and society as a whole. Focus on the partial defence of provocation illuminates the law’s ability to redress injustices and inequalities. Whilst the use of legal measures is effective to a certain extent in relation to achieving justice and reform, non-legal mechanisms are vital in driving and enacting changes in the permissible system of today’s legal framework.
The Crimes Act 1900, S23 outlines provocation as a partial defense, when the act of death was driven by extreme aggravation. This defense claim has been one of great controversy in its ability to achieve a natural state of justice for all those involved in the binding outcomes. The negative connotations of this act in relation to the victims was addressed in the 60 minute program “Stop The Killing” which discussed how this claim of defense is seen as a “loop hole” in the eyes of humanity- assisting serious offenders to achieve leniency in solemn indicatable offence’s sentencing and punishment process. Thus, we can grasp that for the offenders in balancing the right there is a sense of bias due to the lesser sanctions and retributional outcomes due to this proposed defense. As suggested by the media’s Sydney Morning Herald “proponents of abolishing the provocation defense say it is an archaic law that justifies acts of aggression and apportions blame to the victim”. A holistic response to the above analogy was voiced by members of society in relation to the case of R vs Hassan (2014) NSWSC, in which Yassir Hassan saw the a verdict of not guilty for the murder of his wife as she “questioned his masculinity (Austilli), provoking his mental instability which under the Mental Health Act 2007 (NSW) assisted in “affecting his rational thought” thus enabling him to use the defense of provocation. Contrasting, in the example of an offender provocation ensures a certain level of protection for those who were provoked into an act due to a mitigating circumstance such as psychological impairments and/or a disability. The case of R vs Singh (2012) NSWSC, exemplifies the defense utilizing mental impairment as a extenuating circumstance when one was undoubtedly provoked to the point of committing murder. All in all provocation does not balance the rights of victims, offenders and society as a whole justifiable as criminals see substantial benefits of this defense in sentencing to lessen their sentencing. However, provocation if used correctly, is somewhat operative as it provides justice to offenders who had no intention of serious harm, although proves mostly ineffective as those who did intend to commit the crime are able to exploit this, consequently the victim’s rights are tarnished, which furthermore affects the rights of society holistically as more criminals walk free into society, showcasing leniency in the court system amidst areas that should exercise greater sense of severity.

Laws based around the centralized conception  of provocation are constantly and consistently seeing reform due to the concern of eligibility of using the provocation defense, and the reasoning. As stated previously the R vs Singh (2012 NSWSC 637 case in which a “NSW parliamentary inquiry that was sparked by a gruesome murder case recommended placing stronger restrictions on the partial defense of provocation” (SMH 2012) served as an impetus reasoning to enact reform of laws pertaining the use of provocation as a defense to murder charges, revealing the ways in which offenders may benefit from access to the provocation defense, where such access, conversely means victims of society are denied the justice they so rightly deserve. Following the NSW Legislative Council inquiry which in light of further eliciting dissatisfaction on a public, political and academic level as in the circumstances of R vs Hassen (2014) NSWSC 280 led to the Crimes Amendment Act (Provocation) Act 2014, being a statutory mechanism that saw applicability in relation to the defense minimized. Such modifications replaced the partial defence of provocation with a new ‘partial defence of extreme provocation’. Where it differs from the previous law is that under the new partial defense of extreme provocation the stimulating conduct on the part of the victim must have been a somber indictable offence. The legislative reform was included in the partial defense of provocation report (2013) by the Legislative Council’s Select Committee on the Partial Defence of Provocation (LCSCPDP) which outlines a set of recommendations as a result of the immense public outrage that followed the Singh case verdict. These amendments placed restrictions on the use of provocation as a defense and transferred the onus of proof to the prosecution, who now had to disprove a claim that the killing was solemnly provoked. To a particular degree, such changes can be considered effective in enabling the criminal justice system to better uphold to the interests of victims and the larger community, without a significant expense to offenders, therefore guaranteeing a greater parity between the rights of all parties due to the process of law reform.

As constantly illustrated throughout the use of legal and non-legal measures to achieve justice for the victims, offenders and society all whilst seeking to enact reform where needed this area has been both effective and ineffective in its aims. Objectively on a legal perspective these apparatuses ultimately aim to rehabilitate and implement diversionary measures to create avenues and pathways to deter individuals from murdering due to a simple lash out of anger once provoked. Non-legal measures such as intensive counselling and therapeutic work, much like Singh (R V Sign NSWSC 2014 637) underwent post release and in prion aims to teach the offenders how to harness their emotions, clam their anger and minimize feelings of threat so they wont repeat the same avoidable fateful mistakes. However, on a non-legal perspective areas such as the media through news networking corporations and recognized online resources are utilized by members of society when there is a holistic feeling of injustice in particular cases and circumstances. For examples the Austilli document “Provocation: A Totally Flawed Defence That Has No Place In Australian Criminal Law Irrespective Of Sentencing Regime” depth fully analysed the criticisms of numerous cases such as the stated above, drawing on cause and effect as to the inequalities experienced in favour of the offenders vs the victims, how this affects society and what changes need to be implemented. Andrew Harker dictated this defence as a “failed attempt at achieving justice”. From examining both legal and non-legal methods we can draw on the discrepancies exploited by legislative amendments, review how society reacts when they feel a sense of injustice and review how these repercussions and revolts can affect the court systems dealings with offenders, enactment of constant reforming all based around the core topic of provocation. Legal methods are effective to a degree in achieving justice for all those effected by cases of provocation, although it can be seen that non-legal applications and attention are effective mechanisms in bring about change to better the equalness of victims, offenders and society universally.

Through the examination of a range of cases, media articles, legislation and law reform acts we can gather that provocation as a partial defense for murder under the Crimes Act 1900 is effective to a degree in balancing the rights of victims, offenders and society as a whole. Nevertheless, there is areas that should and need to be addressed to ensure there is a greater equality across all parties so the most justifiable outcomes can be achieved in accordance with these laws.
Title: Re: Crime Possible Questions
Post by: jamonwindeyer on May 23, 2017, 09:23:27 pm
Great thread idea Marcus - Welcome to the forums! ;D
Title: Re: Crime Possible Questions
Post by: elysepopplewell on May 23, 2017, 09:26:45 pm
I have a hunch about the question this year focusing on a Theme and/or Challenge! My half yearly in 2015 was about the role of discretion in the CJS, which I thought was reallllly nasty at the time, but it is a very possible HSC question!
Title: Re: Crime Possible Questions
Post by: jamonwindeyer on May 23, 2017, 09:29:52 pm
Oh right a prediction! I'm leaning ever so loosely towards a law reform question - Not been done yet, and it would be a reasonably broad (but still specific if you want it to be) question to ask ;D
Title: Re: Crime Possible Questions
Post by: Wales on June 01, 2017, 10:08:50 am
My legal teacher this year is very confident that it will be something on law reform too :) She's apparently predicted the questions for the last 3 years.
Title: Re: Crime Possible Questions
Post by: marcusgrahamm on June 01, 2017, 06:53:15 pm
When you suggest Law Reform what specific concept or area within the syllabus may the question be based around??
Title: Re: Crime Possible Questions
Post by: jamonwindeyer on June 01, 2017, 08:00:36 pm
When you suggest Law Reform what specific concept or area within the syllabus may the question be based around??

It would purely be Law Reform - Doing law reform WITHIN a specific part of Crime would be too specific I think. So maybe just, "How has law reform enabled the achievement of just outcomes?," or something broad like that ;D
Title: Re: Crime Possible Questions
Post by: Wales on June 02, 2017, 09:48:40 pm
It would purely be Law Reform - Doing law reform WITHIN a specific part of Crime would be too specific I think. So maybe just, "How has law reform enabled the achievement of just outcomes?," or something broad like that ;D

Possibly a statement/stimulus to incoporate into your response.

Mine for Task 3 was "Society moves ahead while the law limps behind". Wouldn't be surprised if something similar to that came up for HSC Crime Law Reform.
Title: Re: Crime Possible Questions
Post by: elysepopplewell on June 06, 2017, 02:53:42 am
Possibly a statement/stimulus to incoporate into your response.

Mine for Task 3 was "Society moves ahead while the law limps behind". Wouldn't be surprised if something similar to that came up for HSC Crime Law Reform.

I did a practice task with this same question in my HSC.

Otherwise, "To what extent is law reform an integral part of the criminal justice system?"
Title: Re: Crime Possible Questions
Post by: marcusgrahamm on June 12, 2017, 08:00:39 pm
ok thanks for those possible questions I'm gonna test some out soon!!
Title: Re: Crime Possible Questions
Post by: claudiarosaliaa on July 06, 2017, 09:11:21 pm
These are the questions I've been given from my class teacher to practice with:

1. ASSESS THE ROLE OF LAW REFORM IN ACHIEVING JUSTICE IN THE CRIMINAL JUSTICE SYSTEM

2. DISCUSS THE EXTENT TO WHICH THE LAW BALANCES THE RIGHTS OF INDIVIDUALS WITH THE INTERESTS OF THE COMMUNITY IN THE CRIMINAL INVESTIGATION PROCESS.

3. DISCUSS THE EXTENT TO WHICH THE LAW REFLECTS MORAL AND ETHICAL STANDARDS IN THE CRIMINAL JUSTICE SYSTEM

Hope that helps :)
Title: Re: Crime Possible Questions
Post by: rodero on July 06, 2017, 09:27:32 pm
These are the questions I've been given from my class teacher to practice with:

1. ASSESS THE ROLE OF LAW REFORM IN ACHIEVING JUSTICE IN THE CRIMINAL JUSTICE SYSTEM

2. DISCUSS THE EXTENT TO WHICH THE LAW BALANCES THE RIGHTS OF INDIVIDUALS WITH THE INTERESTS OF THE COMMUNITY IN THE CRIMINAL INVESTIGATION PROCESS.

3. DISCUSS THE EXTENT TO WHICH THE LAW REFLECTS MORAL AND ETHICAL STANDARDS IN THE CRIMINAL JUSTICE SYSTEM

Hope that helps :)

Hey claudia!
Just wondering, does your school use the Catholic trial papers? I'm pretty sure the teachers get a copy of the exam a few weeks in advance - maybe they're hinting towards something.
Title: Re: Crime Possible Questions
Post by: claudiarosaliaa on July 06, 2017, 09:30:55 pm
Hey, I think we are doing the independent trials. Our teacher has given us three questions and one of them is 100% on the exam paper. I guess it is his way of making up for not marking our practice response :P
Title: Re: Crime Possible Questions
Post by: elysepopplewell on July 06, 2017, 11:28:28 pm
These are the questions I've been given from my class teacher to practice with:

1. ASSESS THE ROLE OF LAW REFORM IN ACHIEVING JUSTICE IN THE CRIMINAL JUSTICE SYSTEM

2. DISCUSS THE EXTENT TO WHICH THE LAW BALANCES THE RIGHTS OF INDIVIDUALS WITH THE INTERESTS OF THE COMMUNITY IN THE CRIMINAL INVESTIGATION PROCESS.

3. DISCUSS THE EXTENT TO WHICH THE LAW REFLECTS MORAL AND ETHICAL STANDARDS IN THE CRIMINAL JUSTICE SYSTEM

Hope that helps :)

In my opinion, these are great questions! The first one is my bet for the HSC exam question, and the third to me seems next most likely. The second one isn't as kind, but is still a good question!
Title: Re: Crime Possible Questions
Post by: AJ123 on July 07, 2017, 07:55:59 pm
Could even be similar to 2015 q or a curveball of those sorts
Title: Re: Crime Possible Questions
Post by: rodero on July 07, 2017, 08:25:38 pm
Could even be similar to 2015 q or a curveball of those sorts

Ughhh please no. I'm praying for a 'criminal justice system' kind of question. Ask whatever theme/challenge you want, just don't narrow me down to a specific dot point :(
Title: Re: Crime Possible Questions
Post by: claudiarosaliaa on July 07, 2017, 08:55:49 pm
In my opinion, these are great questions! The first one is my bet for the HSC exam question, and the third to me seems next most likely. The second one isn't as kind, but is still a good question!

Thanks Elyse!!! I'll keep that in mind :)

Mod edit: corrected original post. Please edit your previous post instead of posting 2 in a row.