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Author Topic: HSC Legal Studies Question Thread  (Read 568096 times)  Share 

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isaacdelatorre

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Re: Legal Studies Question Thread
« Reply #570 on: January 27, 2017, 10:53:08 pm »
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Hey, I have to complete an essay in relation to the question "Evaluate the effectiveness of sentencing and punishment as a means of achieving justice"

Intro: A sentence is an penalty which a court issues out to one who has pleaded guilty or is found guilty of an offence. The judge or magistrate decides on the appropriate sentence according to the statutory and judicial guidelines. In the process of achieving justice, there are limitations which prevent the achievement of justice and there are also factors which help ensure that justice is achieved.


P1:There are many limitations which prevent the achievement of justice in sentencing and punishment. One of these limitations include the reality of victim impact statements possibly doing more harm than good.



P2: Another limitation includes types of penalties and post sentencing considerations



P3: However, there are factors that help ensure the achievement of justice in sentencing and punishment which includes the use of certain judicial and statutory limits to protect from bias


P4: Another factor to help ensure the achievement of justice includes the victim impact statements. A victim impact statement is a written or oral statement read to the court which outlines the full effect the crime had on the victim and in some cases, outlines the full effect on the family. One advantage of the statement is that is can be made by a member of the victim’s family if the victim has died. This is an advantage as it allows the effect of the crime to be brought up to the court’s attention regardless and helps to ensure justice as the victim’s or their family’s impact will not be left unheard. The statement generates sympathy and certain details and information which were not made clear prior to the statement, may explain the extent to which to crime truly impacted the victim and/or their family especially when if the perpretrator had pleaded guilty and the judge has has no opportunity to hear the victim’s evidence. This will then argue that society would benefit if the offender stayed in prison. Another benefit from a victim impact statement is the fact that is provides the victim a role in the court process which gives the victim and society greater confidence in the legal system. Lastly, this action also assists in the rehabilitation process of the offence as during the reading, the offender gets to hear his or hers impact of their actions.





P5: Lastly, alternative forms of sentencing are beneficial for certain members of society, for example for indigenous and youths, and are additional factors to help ensure justice in relation to sentencing and punishment.

Conclusion:


i was wondering if i could get feedback on what i have so far and key points which i can use to ensure the essay flows and is fulfils the needs of the marker.




Thank you!

Hey there,

Firstly, the comments below are all my opinion and are not necessarily correct as there is definitely more than one way to write an essay. So feel free to ignore any comments I make :)

The first thing that I notice when quickly reading your essay plan is that it is a little "on the fence" i.e. I'm not getting the sense of a clear and direct argument. Note that the directive verb is "evaluate" which means to make a judgement - I'm not exactly sure what your judgement is. In saying this, it is really good that you are addressing both effectiveness and ineffectiveness through limitations and factors that achieve justice within sentencing and punishment; but it would make a HUGE difference if you had a judgement on the process of sentencing and punishment as a means of achieving justice.

Just for making your essay flow a little bit better; I would combine paragraphs 1 and 4 and talk about victim impact statements and do a comparison of how they can limit the effectiveness as well as help achieve justice. This sort of paragraph layout I find works well (you can totally do it in two separate paragraphs though, I would just do it one after the other to make it flow better and not jump all over the place talking about different topics)

Also, keep in mind that you may have to justify how the sentencing and punishment process achieves justice - one of the easiest ways to do this is to show how sentencing and punishment achieves justice for victims, offenders and society.

It definitely looks like you are on the right track!! Just make sure that you can explore each of these dot points/paragraphs and show how the achieve justice through sentencing and punishment. Combine that with Legislation, Media, Cases, Non-legal responses, Treaties ... that back up your points and you should be fine!!!

Of course this is just my opinion based on how I wrote my essays and my stylistic preferences, you can definitely wait for someone else's comments and take the bits that you think will help :)

Hope this helps :) Good luck!!!!
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jayraval

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Re: Legal Studies Question Thread
« Reply #571 on: January 27, 2017, 10:57:51 pm »
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Hey Elyse!

I came to your legal lecture on Wednesday and found it really really helpful so thankyou. Also, I'm doing the Crime 15 markers from the 2014 and 2015 HSC Paper but I'm really confused on what to write in my intro and conclusion. In my body for the 2015 question (effectiveness of domestic and international measures in dealing with transnational crime), I talk about the AFP, Customs and Border Protection, INTERPOL, UN Convention Against Transnational Organised Crime, as well as The Pacific Transnational Crime Network. I also talk about how the world is more globalised now and although that increases the opportunity of transnational crime, it has made these domestic and international measures much more effective. What should i be writing in my intro and conclusion and how should i be structuring it? Thank you so much :)

Ps your notes are so amazing

isaacdelatorre

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Re: Legal Studies Question Thread
« Reply #572 on: January 27, 2017, 11:16:11 pm »
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Hey!

Analyse the effectiveness of measures which deal with crimes against the international community. Make sure you include LMCID where appropriate(Max 250 words)

I am currently doing this question for a legal studies Webquest I'm doing, and I just wanted to ask - besides the ICC & ICJ, what are some other measures which deal with crimes against the international community that I should include in my answer? (that I can easily discuss the effectiveness of)

Thanks heaps x

Hey there, Sameeraaa1,

Firstly, from my knowledge the ICJ does not deal with crimes against the international community, instead it deals with state disputes such as Nicaragua v United States of America over mines in internal waters.
Crimes against the international community are normally addressed in the ICC where those "most responsible/accountable" are prosecuted against for their actions (mainly those in charge/ giving orders/ position of power etc.) such as Lubanga, al-Mahdi - the effectiveness of this legal measure is very easy to evaluate and there are a plethora of media articles online for you to use :)

However prior to the ICC which was created in 2002, legal measures to address and prosecute those responsible for crimes against the international community were primarily ad hoc tribunals such as the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia; as well as other hybrid courts like the Special Court of Sierra Leone.

Non-legal measures can include NGO's such as Amnesty, Salvation Army, Red Cross, Doctors Without Borders (Promote issues, create moral pressure against government to act, publish reports (casualty count, causes etc.) and help in the aftermath of such crimes (rehabilitation camps, food, clothes, medicine). Another non legal response could be the media which create public awareness in order to generate moral pressure on governments to address these crimes.

Hope these help, although choose the ones you think are best as the 250 word limit restricts how much you can talk about.

Good luck!! :)
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #573 on: January 28, 2017, 01:25:39 pm »
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Love your work Isaac, legend as always  8)

sameeraaa1

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Re: Legal Studies Question Thread
« Reply #574 on: January 28, 2017, 03:35:54 pm »
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Hey there, Sameeraaa1,

Firstly, from my knowledge the ICJ does not deal with crimes against the international community, instead it deals with state disputes such as Nicaragua v United States of America over mines in internal waters.
Crimes against the international community are normally addressed in the ICC where those "most responsible/accountable" are prosecuted against for their actions (mainly those in charge/ giving orders/ position of power etc.) such as Lubanga, al-Mahdi - the effectiveness of this legal measure is very easy to evaluate and there are a plethora of media articles online for you to use :)

However prior to the ICC which was created in 2002, legal measures to address and prosecute those responsible for crimes against the international community were primarily ad hoc tribunals such as the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia; as well as other hybrid courts like the Special Court of Sierra Leone.

Non-legal measures can include NGO's such as Amnesty, Salvation Army, Red Cross, Doctors Without Borders (Promote issues, create moral pressure against government to act, publish reports (casualty count, causes etc.) and help in the aftermath of such crimes (rehabilitation camps, food, clothes, medicine). Another non legal response could be the media which create public awareness in order to generate moral pressure on governments to address these crimes.

Hope these help, although choose the ones you think are best as the 250 word limit restricts how much you can talk about.

Good luck!! :)

Thank you this is really helpful!
I was wondering if you could also help with these 2 questions:

5.   Explain why jurisdiction is an issue regarding crimes against the international community.

I understand why jurisdiction is an issue but I can't seem to use specific terms or formulate an answer  :-\  Should I talk about how universal jurisdiction has no binding legal basis and can be seen as a breach of state sovereignty? Or maybe the ICC as a mechanism of dealing with crimes against the international community has limited jurisdiction due to state sovereignty and as it is a court of last resort?

15.   Identify whether the ICC has to date had an impact on Australian courts and whether any prosecutions have been commenced under the Australian legislation.

So far I know that The International Criminal Court (Consequential Amendments) Act 2002 t amended the Criminal Code Act 1995 (Cth) and created domestic offences for all the crimes listed in the Rome Statute, but I can't really find whether any prosecutions have been commenced under the Australian Legislation...?


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English Extension 1
Legal Studies
Modern History
History Extension
Studies of Religion 1
General Maths

elysepopplewell

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Re: Legal Studies Question Thread
« Reply #575 on: January 28, 2017, 03:51:20 pm »
0
Hey Elyse!

I came to your legal lecture on Wednesday and found it really really helpful so thankyou. Also, I'm doing the Crime 15 markers from the 2014 and 2015 HSC Paper but I'm really confused on what to write in my intro and conclusion. In my body for the 2015 question (effectiveness of domestic and international measures in dealing with transnational crime), I talk about the AFP, Customs and Border Protection, INTERPOL, UN Convention Against Transnational Organised Crime, as well as The Pacific Transnational Crime Network. I also talk about how the world is more globalised now and although that increases the opportunity of transnational crime, it has made these domestic and international measures much more effective. What should i be writing in my intro and conclusion and how should i be structuring it? Thank you so much :)

Ps your notes are so amazing

Hey there! I'm so glad you came to the lectures and gained something from them!

So, for your introduction in this scenario I'd be trying to tick off these things:
-Defining transnational crime (and including it's context: just a few words on a globalised world)
-Making an evaluation on the question, so about the effectiveness. Just because it's my own style of writing, I'd say something about the law aiming to reflect the moral and ethical standards of society, and in a globalised world, the law aims to reform to respond to issues that may not have existed before. (Obviously would make this sound nicer). This is a way of bringing in the themes and challenges!
-Compare or contrast the international and domestic measures, identify you recognise the differences and perhaps even the relationship between them.

You don't need more than about 4 sentences here, in fact you don't even need to identify those responses you've mentioned. Absolutely bring them in to the body paragraphs, but there's no benefit in listing them all in the introduction.

Perhaps you could follow a structure like this:
-In an increasingly globalised world, we have transnational crime. Define.
-There are various domestic responses to this, blah blah.
-There are also a bunch of international responses, and this is the link they have to domestic measures.
-This is my judgement on the two of them.
-Relate judgement to theme or challenge (compliance, ethical standards, law reform, etc).

So glad you find the notes helpful as well. Let me know what you think of this structure!
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elysepopplewell

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Re: Legal Studies Question Thread
« Reply #576 on: January 28, 2017, 04:06:59 pm »
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Thank you this is really helpful!
I was wondering if you could also help with these 2 questions:

5.   Explain why jurisdiction is an issue regarding crimes against the international community.

I understand why jurisdiction is an issue but I can't seem to use specific terms or formulate an answer  :-\  Should I talk about how universal jurisdiction has no binding legal basis and can be seen as a breach of state sovereignty? Or maybe the ICC as a mechanism of dealing with crimes against the international community has limited jurisdiction due to state sovereignty and as it is a court of last resort?

15.   Identify whether the ICC has to date had an impact on Australian courts and whether any prosecutions have been commenced under the Australian legislation.

So far I know that The International Criminal Court (Consequential Amendments) Act 2002 t amended the Criminal Code Act 1995 (Cth) and created domestic offences for all the crimes listed in the Rome Statute, but I can't really find whether any prosecutions have been commenced under the Australian Legislation...?

Hey there! For the first question, the ICC argument is strongest, in my opinion. It's an excellent criticism for legal students, the limited jurisdiction of the ICC. I'd also talk about jurisdictional limits in relation to transnational crime, on a domestic level. As in, the requirement for cooperation between jurisdictions to work together in basic things like arrest, moving criminals between states if needed, etc.

For the second question, your answer is pretty in line with what my response would be. It seems like quite an awkwardly worded question in my opinion and doesn't really suggest much. This article suggests that there have been some sporadic prosecutions, but I can't find what or where they are...
I feel a bit silly not being able to offer you much more, so I'll suggest some good readings that are food for thought...

If you're looking for extra reading, here's an article about Australia potentially being prosecuted for crimes against humanity in relation to asylum seekers. This article here talks about the financial responsibilities Australia has to the ICC in the Netherlands.
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sameeraaa1

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Re: Legal Studies Question Thread
« Reply #577 on: January 28, 2017, 04:08:50 pm »
+1
Thank you Elyse! :)
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parthie

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Re: Legal Studies Question Thread
« Reply #578 on: February 03, 2017, 05:35:25 pm »
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I have to write an essay on this question "Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society" and I have to include the Rogerson - McNamara case as my main one

I talked about aggravating and mitigating factors all throughout it and im not exactly sure what to write for the conclusion

I've written "Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of all parties involved as portrayed throughout the McNamara- Rogerson case where a life sentence was handed out, however these factors can also impede on the rights of another."

I feel like this isn't sufficient even tho I have made a judgement

any help would be great!


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Re: Legal Studies Question Thread
« Reply #579 on: February 03, 2017, 10:47:57 pm »
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I have to write an essay on this question "Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society" and I have to include the Rogerson - McNamara case as my main one

I talked about aggravating and mitigating factors all throughout it and im not exactly sure what to write for the conclusion

I've written "Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of all parties involved as portrayed throughout the McNamara- Rogerson case where a life sentence was handed out, however these factors can also impede on the rights of another."

I feel like this isn't sufficient even tho I have made a judgement

any help would be great!

Hey parthie! You'll definitely want a bit more in the conclusion - Try spacing it out and adding a little more detail! In your example, I'd stop the first sentence after "all parties involved," perhaps replacing that with "victims, offenders and society" to better link with the question. Then, introduce the case again and give a brief run down of how it balanced the rights of offenders/victims/society. I wouldn't say you've made a judgement just yet - Is the case effective in balancing the rights of these three parties? Or is it ineffective? Somewhere in between? I'd like to see you spent a sentence or two recapping your arguments from the essay, then a final sentence giving a definitive judgement - Good, bad or ugly.

As a side note, remember to reference your cases correctly! It should be, R v Rogerson, R v McNamara (2016) - It doesn't need to be that every time, but the first time at the very least should follow convention (and you can abbreviate/shorten from there). Also, the record from the Supreme Court for that case is here if It helps at all!

parthie

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Re: Legal Studies Question Thread
« Reply #580 on: February 04, 2017, 03:20:16 pm »
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Hey parthie! You'll definitely want a bit more in the conclusion - Try spacing it out and adding a little more detail! In your example, I'd stop the first sentence after "all parties involved," perhaps replacing that with "victims, offenders and society" to better link with the question. Then, introduce the case again and give a brief run down of how it balanced the rights of offenders/victims/society. I wouldn't say you've made a judgement just yet - Is the case effective in balancing the rights of these three parties? Or is it ineffective? Somewhere in between? I'd like to see you spent a sentence or two recapping your arguments from the essay, then a final sentence giving a definitive judgement - Good, bad or ugly.

As a side note, remember to reference your cases correctly! It should be, R v Rogerson, R v McNamara (2016) - It doesn't need to be that every time, but the first time at the very least should follow convention (and you can abbreviate/shorten from there). Also, the record from the Supreme Court for that case is here if It helps at all!


Thanks so much for the help I tried to redo the conclusion but I wasn't able to write more than this because I am on the world limit ugh. Is this sufficient or not? I can try to cut down something from the essay to extend my conclusion if this isn't sufficient

The question is: Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society

RvRogerson, RvMcNamara (2016) balanced the rights of victims and society through consideration of aggravating factors and subsequent life sentence, however the rights of the offender weren't always upheld due to Rogerson’s prior convictions.  Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of victims, society and offenders, however they are not always successful.

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #581 on: February 04, 2017, 03:37:23 pm »
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Thanks so much for the help I tried to redo the conclusion but I wasn't able to write more than this because I am on the world limit ugh. Is this sufficient or not? I can try to cut down something from the essay to extend my conclusion if this isn't sufficient

The question is: Assess the extent to which factors affecting sentencing decisions balance the rights of the victims, offenders, and society

RvRogerson, RvMcNamara (2016) balanced the rights of victims and society through consideration of aggravating factors and subsequent life sentence, however the rights of the offender weren't always upheld due to Rogerson’s prior convictions.  Factors affecting sentencing decisions whether mitigating or aggravating attempt to balance the rights of victims, society and offenders, however they are not always successful.

What you've got there should do at a minimum - Wouldn't want you to trim any of your evidence! I'd swap the first and second sentences though - Just feels like it would flow a little better if you did :)

parthie

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Re: Legal Studies Question Thread
« Reply #582 on: February 04, 2017, 03:44:09 pm »
+1
What you've got there should do at a minimum - Wouldn't want you to trim any of your evidence! I'd swap the first and second sentences though - Just feels like it would flow a little better if you did :)

Thanks so much for the help Jamon! :)

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Re: Legal Studies Question Thread
« Reply #583 on: February 05, 2017, 02:25:17 pm »
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Hey does anyone know how taking into consideration aggravating factors in sentencing could compromise  the rights of the offenders?

and how does taking into consideration a person's prior convictions during sentencing uphold the rights of the victims

any help would be appreciated thanks
« Last Edit: February 05, 2017, 02:29:59 pm by parthie »

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #584 on: February 05, 2017, 02:53:38 pm »
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Hey does anyone know how taking into consideration aggravating factors in sentencing could compromise  the rights of the offenders?

and how does taking into consideration a person's prior convictions during sentencing uphold the rights of the victims

any help would be appreciated thanks

Hey! So with the aggravating factors stuff, basically the idea is this. Recognition of an aggravating factor (whatever it may be) is going to make the punishment given relatively more severe. So, there exists this balance between adequately punishing the offender (to recognise the victim and society), while still making it fair on the offender. Recognition of aggravating factors represents an acknowledgement of victim/society, which could infringe on the rights of the offender to a fair punishment. So, it isn't a direct thing, it more represents a sway towards greater acknowledgement of the victim/society. Mitigating factors are the opposite - Recognising offender rights while not recognising rights of society. Together, they (hopefully) achieve a balance ;D

Hmm, taking prior convictions into account during sentencing doesn't really recognise the rights of the victims, I'd say more society? You could stretch it. Basically it's acknowledging the fact that the offender has committed crimes before, and thus making a more retributive (more severe) punishment to more adequately achieve justice. Kind of like a student who keeps lashing out at a teacher eventually getting suspended, because it is unfair for them to just continually get detentions and it never escalates (or something) :)

Hope that helps! ;D