Login

Welcome, Guest. Please login or register.

March 29, 2024, 09:40:04 am

Author Topic: HSC Legal Studies Question Thread  (Read 568088 times)  Share 

0 Members and 2 Guests are viewing this topic.

aoife98

  • Trailblazer
  • *
  • Posts: 41
  • Respect: 0
  • School: Bethlehem College
  • School Grad Year: 2016
Re: Legal Studies Question Thread
« Reply #210 on: August 28, 2016, 03:59:00 pm »
0
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

jakesilove

  • HSC Lecturer
  • Honorary Moderator
  • Part of the furniture
  • *******
  • Posts: 1941
  • "Synergising your ATAR potential"
  • Respect: +196
Re: Legal Studies Question Thread
« Reply #211 on: August 28, 2016, 04:21:48 pm »
+1
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

Hey! I didn't do legal studies, but I'm currently studying Law. I know that Victim Impact Statements (VIS) can have a substantial impact on sentencing, however I'll leave it to an actual Legal Studies person to explain in more depth re: the curriculum. Here is a quick link with a good explanation of the matter!

Jake
ATAR: 99.80

Mathematics Extension 2: 93
Physics: 93
Chemistry: 93
Modern History: 94
English Advanced: 95
Mathematics: 96
Mathematics Extension 1: 98

Studying a combined Advanced Science/Law degree at UNSW

jamonwindeyer

  • Honorary Moderator
  • Great Wonder of ATAR Notes
  • *******
  • Posts: 10150
  • The lurker from the north.
  • Respect: +3108
Re: Legal Studies Question Thread
« Reply #212 on: August 28, 2016, 10:52:00 pm »
0
Can someone explain statutory and judicial guidelines? I looked it up and found heaps of confusing discussion over new reforms?
cheers x

Hey! Is this in regard to sentencing? ;D

If so, the answer is fairly straightforward. Statutory guidelines are sentencing guidelines contained within legislation such as the Crimes Act. For example, S18 of the Crimes Act 1900 (NSW):

Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

The guideline specifically are in bold. These guidelines are binding on all jurisdictions, decisions made by judges in sentencing must abide by legislative/statutory guidelines.

Judicial guidelines instead come from decisions made by other judges (aka, precedent). Officially, this takes the form of guideline judgements, decisions made previously that are used as a guideline for subsequent decisions. However, it can also refer to precedent in a general sense.

Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

Jake's link above has you set, for our purposes just know what a Victim Impact Statement, where it comes into play, and why it is relevant. It is a good piece of evidence for essays on balancing rights and/or sentencing ;D

elysepopplewell

  • HSC Lecturer
  • Honorary Moderator
  • ATAR Notes Legend
  • *******
  • Posts: 3236
  • "Hey little fighter, soon it will be brighter."
  • Respect: +970
Re: Legal Studies Question Thread
« Reply #213 on: August 29, 2016, 09:48:16 am »
+1
Also I was going through the 2012 papers sample answers and for assessing the criminal trial process it noted "VIS can sway punishment outcomes." I've never heard of VIS and google didn't provide any answers, does anyone know what it is/regard it as important?

Jake's right and he's linked to a really good guide for it all. Consider also looking at the law reform that has allowed victim's to provide their impact statement outside the court room or via CCTV footage (I believe that the R V Skaf case lead to this, or prompted this, and from memory there was another reform on VIS starting June or July 1st in 2015). Family of a homicide victim can also provide the impact statements sometimes. There's a lot of critiquing to the victim impact statements out there too, heaps of media critiques. For example, if a murder victim died but they have no family, they don't receive the benefit of the the victim impact statements - they mightn't even receive one at all, which creates an inequality in the system. There's also a critique that because the victim impact statements is delivered before sentencing, it may sway the sentencing to be more harsh because of how emotional it may be (as you suggested above).
Not sure how to navigate around ATAR Notes? Check out this video!

aoife98

  • Trailblazer
  • *
  • Posts: 41
  • Respect: 0
  • School: Bethlehem College
  • School Grad Year: 2016
Re: Legal Studies Question Thread
« Reply #214 on: August 30, 2016, 09:04:15 am »
0
Hey! Is this in regard to sentencing? ;D

If so, the answer is fairly straightforward. Statutory guidelines are sentencing guidelines contained within legislation such as the Crimes Act. For example, S18 of the Crimes Act 1900 (NSW):

Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years.

The guideline specifically are in bold. These guidelines are binding on all jurisdictions, decisions made by judges in sentencing must abide by legislative/statutory guidelines.

Judicial guidelines instead come from decisions made by other judges (aka, precedent). Officially, this takes the form of guideline judgements, decisions made previously that are used as a guideline for subsequent decisions. However, it can also refer to precedent in a general sense.

Jake's link above has you set, for our purposes just know what a Victim Impact Statement, where it comes into play, and why it is relevant. It is a good piece of evidence for essays on balancing rights and/or sentencing ;D

Thank you! I hadn't seen the acronym before and didn't connect VIS and the victim's statements  ::) Does that mean all statutory guidelines are mandatory sentences?

Also I did some research and found this example: NSW Sentencing Council evaluates judges decisions;  found R v Henry 1999 (made it a guideline judgement) an excellent example of armed robbery sentencing; thus every judge in similar cases must apply the same process. Is this an example of judicial guidelines (since it applies to precedents etc) or statutory (because enforced by a gov body)?
« Last Edit: August 30, 2016, 09:07:15 am by aoife98 »

aoife98

  • Trailblazer
  • *
  • Posts: 41
  • Respect: 0
  • School: Bethlehem College
  • School Grad Year: 2016
Re: Legal Studies Question Thread
« Reply #215 on: August 30, 2016, 09:29:58 am »
0
Jake's right and he's linked to a really good guide for it all. Consider also looking at the law reform that has allowed victim's to provide their impact statement outside the court room or via CCTV footage (I believe that the R V Skaf case lead to this, or prompted this, and from memory there was another reform on VIS starting June or July 1st in 2015). Family of a homicide victim can also provide the impact statements sometimes. There's a lot of critiquing to the victim impact statements out there too, heaps of media critiques. For example, if a murder victim died but they have no family, they don't receive the benefit of the the victim impact statements - they mightn't even receive one at all, which creates an inequality in the system. There's also a critique that because the victim impact statements is delivered before sentencing, it may sway the sentencing to be more harsh because of how emotional it may be (as you suggested above).

For the reform which allows them to give the statement via technology, is the point to allow them to present it without having to see the accused? Also, in regards to evaluating restorative justice, I haven't found any solid research suggesting victims are pleased or that it decreases the risk of reoffending. Have I missed something?

elysepopplewell

  • HSC Lecturer
  • Honorary Moderator
  • ATAR Notes Legend
  • *******
  • Posts: 3236
  • "Hey little fighter, soon it will be brighter."
  • Respect: +970
Re: Legal Studies Question Thread
« Reply #216 on: August 30, 2016, 10:39:58 am »
0
For the reform which allows them to give the statement via technology, is the point to allow them to present it without having to see the accused? Also, in regards to evaluating restorative justice, I haven't found any solid research suggesting victims are pleased or that it decreases the risk of reoffending. Have I missed something?

I don't think it reduces reoffending or that it necessarily pleases victims, what gave you that impression? And yes, using technology is very useful for reducing the stress and trauma that a victim may face when confronted with their offender! Heather Osland in R V Osland told a media outlet (from memory it is Australian Story) that when she delivered her VIS in front of her attacker (husband - domestic violence) she was so confronted by being in the near vicinity of him that she mitigated her emotions because she could hardly get her words out, thus rendering her VIS to be ineffective.
Not sure how to navigate around ATAR Notes? Check out this video!

anotherworld2b

  • Forum Leader
  • ****
  • Posts: 747
  • Respect: 0
  • School Grad Year: 2017
Re: Legal Studies Question Thread
« Reply #217 on: September 14, 2016, 08:42:01 am »
0
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?

jamonwindeyer

  • Honorary Moderator
  • Great Wonder of ATAR Notes
  • *******
  • Posts: 10150
  • The lurker from the north.
  • Respect: +3108
Re: Legal Studies Question Thread
« Reply #218 on: September 14, 2016, 11:44:15 am »
0
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?

That would be a tough one, what would you define to be the advantages/disadvantages of the jury system? Many of them are quite abstract and may not be visible in a specific case.

The one I would recommend would be R v Burrell (2005), which was arguably the main factor influencing the introduction of the Jury Amendment (Verdicts) Act 2006 (NSW). That said, this is in the NSW jurisdiction, which may not be of help to you in WA :)

Lauradf36

  • Trendsetter
  • **
  • Posts: 184
  • "Don't rest on your laurels. Decorate with them"
  • Respect: +1
Re: Legal Studies Question Thread
« Reply #219 on: September 14, 2016, 09:10:58 pm »
+1
I was wondering what would be some good cases to use that would support the advantages of the jury and some cases
that would support the disadvantages of the jury?

An interesting case I actually got to see that MAY support advantages & disadvantages is the Robert Xie trials. He had several retrials as the jury could not reach a final decision, stringing the case on for many years, causing emotional trauma & arguably wasting many court resources... they used the majority verdict rule of 11-1 but still could not ultimately reach a decision. Is this effectively achieving justice? Interesting to consider.
http://www.abc.net.au/news/2015-12-01/jury-hung-in-robert-xie-trial/6989248

However a lecture I went to pointed out - is it better to have a costly retrial if the jury cannot decide, or let innocent people be convicted?  ¯\_(ツ)_/¯
ATAR: 98.85

English Adv: 94
English Ext: 47/50
Ancient history: 94
Legal studies: 94
Music I: 93
Religion II: 95

conic curve

  • Forum Leader
  • ****
  • Posts: 714
  • Respect: +2
Re: Legal Studies Question Thread
« Reply #220 on: September 15, 2016, 07:45:09 am »
0
Is this question asking for me to refer to the Martin Bryant case?

jamonwindeyer

  • Honorary Moderator
  • Great Wonder of ATAR Notes
  • *******
  • Posts: 10150
  • The lurker from the north.
  • Respect: +3108
Re: Legal Studies Question Thread
« Reply #221 on: September 15, 2016, 09:21:52 am »
0
Is this question asking for me to refer to the Martin Bryant case?

Hmm, well the question doesn't mention it, so you don't have to. And indeed, in reference to a group, I don't think that case could be linked to any demographic particularly.

You'd be looking at the groups it defines in the syllabus (Page 16), like:

- Indigenous Australians
- Intellectually Disabled
- Migrants
- Women
- Socioeconomically Disadvantaged

conic curve

  • Forum Leader
  • ****
  • Posts: 714
  • Respect: +2
Re: Legal Studies Question Thread
« Reply #222 on: September 15, 2016, 11:17:16 am »
0
For question 1 is the answer a?

Also for 3 is the answer A or D?

jamonwindeyer

  • Honorary Moderator
  • Great Wonder of ATAR Notes
  • *******
  • Posts: 10150
  • The lurker from the north.
  • Respect: +3108
Re: Legal Studies Question Thread
« Reply #223 on: September 15, 2016, 01:20:04 pm »
0
For question 1 is the answer a?
Also for 3 is the answer A or D?

For Question 1, not quite. Remember that legislation (which includes the delegated legislations that form local by-laws) always takes precedent over common law. Where they conflict, legislation wins ;)

For Question 3, neither. It's a trick, note that it asks for civil outcomes. There is only one option there that is civil, remembering that things like fines and imprisonment are all criminal consequences ;D

Does that help you realise the correct answers? :)

Miki100

  • Fresh Poster
  • *
  • Posts: 1
  • Respect: 0
  • School: OTEN
  • School Grad Year: 2016
Re: Legal Studies Question Thread
« Reply #224 on: September 15, 2016, 04:52:47 pm »
0
Hi I was just wondering how many pieces of evidence (legislation, cases, media articles, reports etc.) would you recommend per option essay. Thanks  :)