HSC Legal Studies Question Thread

[bethtyso]

So in one of my textbooks it says that collective rights are a third generation. What does this mean? is there a first and second generation?

[jamonwindeyer]

So in one of my textbooks it says that collective rights are a third generation. What does this mean? is there a first and second generation?

Yeah! So it recognises that the human rights were recognised in sequence:

- 1st Generation: ICCPR
- 2nd Generation: ICESCR
- 3rd Generation (Collective Rights): Peace rights, environmental rights, self determination and others

[MagmaMeerkat]

Total mind blank!
Who determines the guilt in a criminal trial?
Is it the jury, and magistrates in summary cases?

[jamonwindeyer]

Total mind blank!
Who determines the guilt in a criminal trial?
Is it the jury, and magistrates in summary cases?

Correct!

[mmmm675]

i've also had a blank! does murder go to local first or straight to supreme?


and what about a child who commits murder? straight to childrens then supreme? or supreme first?

[jamonwindeyer]

i've also had a blank! does murder go to local first or straight to supreme?


and what about a child who commits murder? straight to childrens then supreme? or supreme first?

Murder goes to Local court first for a Preliminary Hearing; if there is enough evidence it goes to Supreme. Children go straight to Children's Court and stay there I believe

[mmmm675]

awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?

also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?

[jamonwindeyer]

awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?

also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?

I believe the detention period for Children is the same as it is for adults; 4 hours maximum or it can be extended with a warrant.

Besides young offenders, perhaps a balancing rights questions? I think a question on Young Offenders blended with something like law reform or balancing rights is not out of the question, and not too kind either. But theres been a lot of atypical exams this year, we'll have to wait and see!

[AFix]

awesome thanks! one more question, is it 2 or 4 hours that children can be initially held for questioning? and if they receive a warrant they can be kept for another 4? how long are adults kept for initially?

also, do you have any predictions? i know Young Offenders is a big contender but I feel perhaps too predictable (and kind) for BOS?

TBH - considering with what they have been putting out this year, I feel that a simple YO question would be too simple.  I was thinking maybe "To what extent are children treated differently in the CJS?"  Or something else to throw off the people who tried to predict the Crime section and memorized an essay haha.  Personally, I think Law Reform and/or moral and ethical issues would be a likely - maybe even tied with the Criminal Trial process? (seeing as they haven't done that in a while)

[Elenaa]

Hi!
Just wondering if i could talk about mandatory sentencing in my crime essay because I don't think it's part of the syllabus..? i don't know

[jamonwindeyer]

Hi!
Just wondering if i could talk about mandatory sentencing in my crime essay because I don't think it's part of the syllabus..? i don't know

You definitely can talk about mandatory sentencing in NSW! It ties nicely into sentencing and judicial discretion (or lack thereof)

[Lauradf36]

I believe the detention period for Children is the same as it is for adults; 4 hours maximum or it can be extended with a warrant.

Besides young offenders, perhaps a balancing rights questions? I think a question on Young Offenders blended with something like law reform or balancing rights is not out of the question, and not too kind either. But theres been a lot of atypical exams this year, we'll have to wait and see!

Not to undermine you Jamie (soz!!) but I was taught that children have a max of 2 hours and And extra 2 if they apply to the children's court. And also I'm pretty sure murder goes to supreme for children?

[jamonwindeyer]

Not to undermine you Jamie (soz!!) but I was taught that children have a max of 2 hours and And extra 2 if they apply to the children's court. And also I'm pretty sure murder goes to supreme for children?

Aha not undermined at all! I trust your first point, I couldn't find a source as backup, I trust you if that's what you are taught! Thanks for the heads up!

On your second point; just did some research. If we are at an age where doli incapax is a rebuttable presumption, then murders can go to the Supreme Court after a committal hearing in the Children's Court! That's my interpretation at least. I'm using R v LMW (1999) in that comment thanks for fact-checking me Laura!

[rachelbonic]

What do you guys think are the chances of another crime essay question on international crime? I haven't prepared for it very well and i'm a bit worried :/

[jamonwindeyer]

What do you guys think are the chances of another crime essay question on international crime? I haven't prepared for it very well and i'm a bit worried :/

Hey Rachel! Very unlikely, the only thing they could do is ask something on the Crime topic in general, but even then you would just avoid International Crime if you aren't comfortable writing about it. I think it's pretty unlikely they'd ask it two years in a row