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March 29, 2024, 04:41:47 pm

Author Topic: HSC Legal Studies Question Thread  (Read 568126 times)  Share 

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isaacdelatorre

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Re: Legal Studies Question Thread
« Reply #90 on: July 14, 2016, 11:50:00 pm »
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Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!  :D
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Mathematics - 97    Economics - 96     Legal Studies - 95     Advanced English - 91    Business Studies - 95

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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #91 on: July 14, 2016, 11:56:53 pm »
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Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!  :D

Hey!! Welcome to the forums!  ;D

Good question, it was definitely a high profile case, so perhaps the identities were already made public regardless, eliminating the need for a pseudonym? Further, the notion of doll incapax was not applied in this case, both of those individuals were given a life sentence, and it is possible that another consequence of that is that a pseudonym is not to be used in official citations.

Just a couple of ideas, but I am actually not sure!!  ;D

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #92 on: July 15, 2016, 01:29:00 pm »
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Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!  :D

Excellent question - and I'm glad to see you're using such an awesome case! I've searched around for this A LOT! Jamon is correct in his assumptions, and I have a few other ideas.

Bronson Blessington, since being in jail, has applied through every legal avenue available to him to be released. These have all been lodged as an adult, through the adult court system - so his name is extremely well known.

I asked my dad, just because he was a living, news-reading adult, at the time of the case initially coming to light, and he doesn't seem to recall that the identities were given out until they became adults and applied through legal avenues to have their sentences lessened. But, in saying this, the case has been given citation as you correctly point out, that doesn't abbreviate the names. Jamon's suggestions are as close as possible to what I see to be reality. I wish I could give you a definitive answer, but trust me I've looked!

Just to outline the key points of the case for a legal student:
-Life sentence given to a juvenile
-Served 28 years in prison - could serve 40, 50 more. What does this say about the burden to our system?
-The victim's mother caused an enormous conversation about whether or not we should bring back the death penalty (she thought we should).
-Mitigating circumstances (childhood abuse, mental disability, lack of education) yet he still received a life sentence.
-Blessington was subject to three sentencing procedures that did not even exist at the time of committing the crime.

I think the two best articles on this case are the following:
One: http://www.smh.com.au/interactive/2016/locked-up-for-life/
Two: http://www.smh.com.au/nsw/bronson-blessington-former-dpp-nicholas-cowdery-backs-mercy-for-janine-balding-killer-20160205-gmmrfn.html (the second one is the DPP of the case asking for mercy - so interesting!)

Sorry I can't give you a direct answer. I've looked for it! If you do ever find it, please let me know!
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Jemimared

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Re: Legal Studies Question Thread
« Reply #93 on: July 15, 2016, 07:10:27 pm »
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Hi there, I was wondering how I should go about studying for my legal trials. We have been given 2 possible essay questions in regards to crime.
1) Assess the role of law reform in achieving justice in the criminal justice system.
And
2) Discuss the extent to which the law reflects moral and ethical standards in the criminal justice system.
My trial is on the 1st of August so I have about 2 and a half weeks to prepare. As well as preparing for other trials.
Would it be best to write two essays and memorise them?
Thanks

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #94 on: July 15, 2016, 07:36:04 pm »
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Hi there, I was wondering how I should go about studying for my legal trials. We have been given 2 possible essay questions in regards to crime.
1) Assess the role of law reform in achieving justice in the criminal justice system.
And
2) Discuss the extent to which the law reflects moral and ethical standards in the criminal justice system.
My trial is on the 1st of August so I have about 2 and a half weeks to prepare. As well as preparing for other trials.
Would it be best to write two essays and memorise them?
Thanks

Howdy! I'm personally not a fan of memorisation, you can read why here. However, if you know the questions, then that's totally different; so yes, memorising two essays is the best approach!!

That said, 2 weeks isn't long to perfect and then memorise 2 essays. What I would perhaps consider instead, if you think it wise, is to instead just prepare 2 very comprehensive essay plans. The exact Thesis, the exact topics of each paragraph, and the exact examples you'll use in each paragraph. This will be quicker and easier than memorising the essay, at least IMO  ;D

Don't forget to revise the Crime/Human Rights topics in depth to prepare for those nasty multiple choice, and do a few practice Trial papers if you can!! Practice makes perfect after all  ;D

Jemimared

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Re: Legal Studies Question Thread
« Reply #95 on: July 15, 2016, 08:06:32 pm »
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Thanks heaps for your advice :) I'll go ahead with the essay plans then. Would I be able to post my essay plans for marking?

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #96 on: July 15, 2016, 08:10:53 pm »
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Thanks heaps for your advice :) I'll go ahead with the essay plans then. Would I be able to post my essay plans for marking?

Yeah for sure!! Hmm, you can pop it in the marking thread, or even just start a new thread for it!! That way it is separate to the essays and we can chat about it as it develops  ;D

Jemimared

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Re: Legal Studies Question Thread
« Reply #97 on: July 15, 2016, 08:11:59 pm »
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Awesome, will do.
Thanks again.

jamie anderson

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Re: Legal Studies Question Thread
« Reply #98 on: July 16, 2016, 11:26:00 pm »
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Family Law

Would anyone have LCMs(legislation, case law and media) on family law?

thanks

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #99 on: July 16, 2016, 11:56:37 pm »
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Family Law

Would anyone have LCMs(legislation, case law and media) on family law?

thanks

Hey! Welcome to the forums!! There are a bunch of Family Law notes available in our FREE Notes section, here is everything we have for Legal Studies! Be sure to check it out for other subjects too, there is a lot there  ;D let me know if you need any help finding things around the forums!  ;D

hucksteppt

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Re: Legal Studies Question Thread
« Reply #100 on: July 19, 2016, 10:51:13 am »
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Please explain the term double jeopardy

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #101 on: July 19, 2016, 11:38:13 am »
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Please explain the term double jeopardy

Howdy! Welcome to the forums! Glad to have you, let me know if you need help finding anything, and you may want to come say hey on our HSC 2016 Chit Chat Thread!

Double jeopardy is the idea that, basically, a defendant can't be trialled/charged in regard to the same matter twice. Indeed, this is a notion enshrined in the ICCPR, Article 14:

No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Now Australia has some exceptions to the rule, such as for serious cases where fresh/compelling evidence is brought to light. The details vary by state since reforms which occurred in the 2000's  ;D hope this helps!! Google 'Double Jeopardy NSW' if you want to do a bit more research  ;D

conic curve

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Re: Legal Studies Question Thread
« Reply #102 on: July 19, 2016, 12:04:53 pm »
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In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)
« Last Edit: July 19, 2016, 12:13:40 pm by conic curve »

brenden

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Re: Legal Studies Question Thread
« Reply #103 on: July 19, 2016, 12:09:20 pm »
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In legal studies, would it be a great idea to go out of syllabus?
Please either rephrase this question, or, if you know you've asked the question exactly as intended, try to consider the answer for yourself and see if you can reach the answer through reasoning based on your current level of knowledge. The latter approach can actually be a great way of learning in VCE/HSC and is crucial in university learning as well.
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #104 on: July 19, 2016, 12:31:21 pm »
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In legal studies, would it be a great idea to go out of syllabus? (i.e. for some dotpoints not addressed in the syllabus, would it be beneficial to your knowledge, even though it won't be assessed in exams)

It is definitely beneficial to go a little beyond the syllabus to develop a rounded knowledge of the content, and even more crucially, give yourself some extra evidence to differentiate your essays and extended responses. This is most beneficial when you go into extra detail on existing dot points. Think studying more deeply, not studying broadly, for maximum benefit. "Beyond" the syllabus is probably  a better way to phrase it than "Outside" the syllabus. For example, don't do detailed study on something not even slightly in the syllabus, that is waste of time  ;D