HSC Legal Studies Question Thread

[kiiaaa]

I suppose hiring legal professionals might be a cost?

sorry if this sounds like a dumb question but what role would the legal professional have? would it be like making it sound legally correct or something?

[kiiaaa]

hey does anyone have notes on themes and challenges for crime which could then be used for essays etc?

thank you

[soha.rizvi1]

Hi,

I just had a question. Although I am aware that the constitution does not express many human rights. But is it considered effective? as the question is evaluate the effectivness of the constitution?

[TheFreeMarketeer]

Hi,

I just had a question. Although I am aware that the constitution does not express many human rights. But is it considered effective? as the question is evaluate the effectivness of the constitution?

I wouldn't confine myself to absolutes. It is neither effective nor ineffective but rather mildly effective. From there, find evidence that is suggestive of both advantages and disadvantages. Hope that helps.

[TheFreeMarketeer]

sorry if this sounds like a dumb question but what role would the legal professional have? would it be like making it sound legally correct or something?

Concerned with the legal jargon and stuff. I may be wrong though. Other costs could include delays in proceedings due to objections and stuff, which could entail re-accommodation and stuff.

[forevertired]

hey does anyone have notes on themes and challenges for crime which could then be used for essays etc?

thank you

Hey! just to clarify, what do you mean by 'notes' on the themes and challenges? Because I don't have "notes" dedicated to the themes and challenges per say, but i've written some essay ideas/plans/scaffolds for them is if that's what you mean (which I personally find useful as you can often get essay questions around themes & challenges). For instance, for "the role of discretion in the criminal justice system", you could basically talk about anything under the criminal investigation process syllabus point, charge negotiation, mandatory sentencing, etc. Ofc you need to know about them before you can write about them, but they should be covered in your 'regular'/main notes or whatever anyways
I know it's a little vague, so if anyone has any other input... !!
also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!

[jamonwindeyer]

Really loving some of the answers here guys - Thanks to everyone who has been helping out and participating above!

hello,
i dont understand one part of the reasons against a charter of right being; it is costly and difficult to implement and change?
why is that so? difficult i guess because it would be lengthy process buy why costly?

thanks

I interpret it as being one of two things - If it is a legislative charter, it chews parliament time to change it. Guessing how high their pay is, paying 150 MP's to discuss it for 2 hours could cost equivalent to thousands and thousands. Plus implementation costs, publication, education of the change to relevant sectors - Time and money then if it is constitutional charter it is worse because you'd need a referendum - Those are wicked expensive

I wouldn't confine myself to absolutes. It is neither effective nor ineffective but rather mildly effective. From there, find evidence that is suggestive of both advantages and disadvantages. Hope that helps.

THIS was my Legal Studies mantra

also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!

Can confirm - Much use, many wow

[kiiaaa]

Hey! just to clarify, what do you mean by 'notes' on the themes and challenges? Because I don't have "notes" dedicated to the themes and challenges per say, but i've written some essay ideas/plans/scaffolds for them is if that's what you mean (which I personally find useful as you can often get essay questions around themes & challenges). For instance, for "the role of discretion in the criminal justice system", you could basically talk about anything under the criminal investigation process syllabus point, charge negotiation, mandatory sentencing, etc. Ofc you need to know about them before you can write about them, but they should be covered in your 'regular'/main notes or whatever anyways
I know it's a little vague, so if anyone has any other input... !!
also, maybe you could check out this page for more information. http://atarnotes.com/themes-and-challenges-in-legal-studies/
I haven't looked at it in depth yet, but it looks really useful upon a quick skim, especially if you're unsure about the themes and challenges!

Hello!
yeah i did mean plans and scaffolds (should have been clearer) but thank you for the link it was reallly, like REALLY useful!

[kiiaaa]

Really loving some of the answers here guys - Thanks to everyone who has been helping out and participating above!

I interpret it as being one of two things - If it is a legislative charter, it chews parliament time to change it. Guessing how high their pay is, paying 150 MP's to discuss it for 2 hours could cost equivalent to thousands and thousands. Plus implementation costs, publication, education of the change to relevant sectors - Time and money then if it is constitutional charter it is worse because you'd need a referendum - Those are wicked expensive

THIS was my Legal Studies mantra

Can confirm - Much use, many wow

Concerned with the legal jargon and stuff. I may be wrong though. Other costs could include delays in proceedings due to objections and stuff, which could entail re-accommodation and stuff.

thank you to @jamonwindeyer and @TheFreeMarketeer in helping me clear my doubts for that question especially. Really appriciated

[forevertired]

Helloo   If there was a question about assessing the effectiveness of the criminal trial process as a means of achieving justice - bascially we could talk about anything under the 'criminal trial process' syllabus point, but I'm not quite sure how you would set out your paragraphs? for instance could you have one on juries, charge negotiation, complete defences, and partial defences, or would you only pick ONE complete defence and one partial defence to talk about instead of a few since there are so many?

similarly with a question regarding the effectiveness of the criminal investigation process, could you do one on use of tech (DNA), arrests, detention, police powers (tasers) and search and seizure? or would search and seizure be broken down to different paragraphs such as one on search and seizures without a warrant, sniffer dogs, metadata?

and just a few other things;
does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?
similarly a question on the CJS - can we draw from anything under the crim. trial process, sentencing and punishment, and YO syllabus points?

[TheFreeMarketeer]

Helloo   If there was a question about assessing the effectiveness of the criminal trial process as a means of achieving justice - bascially we could talk about anything under the 'criminal trial process' syllabus point, but I'm not quite sure how you would set out your paragraphs? for instance could you have one on juries, charge negotiation, complete defences, and partial defences, or would you only pick ONE complete defence and one partial defence to talk about instead of a few since there are so many?

similarly with a question regarding the effectiveness of the criminal investigation process, could you do one on use of tech (DNA), arrests, detention, police powers (tasers) and search and seizure? or would search and seizure be broken down to different paragraphs such as one on search and seizures without a warrant, sniffer dogs, metadata?

and just a few other things;
does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?
similarly a question on the CJS - can we draw from anything under the crim. trial process, sentencing and punishment, and YO syllabus points?

I've had a similar question to this. My teacher advised me to pick a few and flesh them out, as opposed to addressing a multitude in not enough details.

I'd address the efficacy of search and seizure as one large category because I feel if you were to hone in on any one area, the effectiveness/ineffectiveness of the process as a whole would not be made explicitly apparent.

'does question around the effectiveness of the adversary system mean we talk about anything under the criminal trial process?' I think so. The adversarial system, unlike the inquisitorial system, places great emphasis on impartiality. That could be a significant advantage of such a system, due to impartiality being integral to the enforcement of the law. If you were to take this route, I would suggest honing in on something related to this under the criminal trial process.

For your last query, I'm not 100% sure. I'd talk about sentencing and punishment and the rehabilitative means in place for young offenders, but as I said, don't take my word for it.

Hope I helped.

[soha.rizvi1]

Hi,


I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
 'the effectivness of legal and non-legal measures in achieving justice'  --> what is this referring to ?

[jamonwindeyer]

Hi,


I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
 'the effectivness of legal and non-legal measures in achieving justice'  --> what is this referring to ?

Hey! Check out this article - It explains all the themes and challenges

[TheFreeMarketeer]

Hi,


I just had a question! At the top of the crime syallbus there is the themes and challenges in which one of them it says
 'the effectivness of legal and non-legal measures in achieving justice'  --> what is this referring to ?

It's referring to both legislative and non-legislative means in achieving justice. How can we measure whether justice has been achieved? Stuff like resource efficiency, accessibility, enforceability. Look at past cases, statute laws, media articles, NGO initiatives to make this judgement.

[kiiaaa]

hello
can a victim impact statement make a sentence more harsher or severe. if so does it mean VIS serves as an aggravating factor and then impact the offender achieving justice?
thank you