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March 29, 2024, 08:43:06 am

Author Topic: HSC Legal Studies Question Thread  (Read 568083 times)  Share 

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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #750 on: March 26, 2017, 09:43:22 pm »
+1
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

Hey! VIS allow formal consideration of the impact the crime has had on the victim and their friends/family. Choosing to include a VIS in sentencing considerations is a matter of judicial discretion, and CAN lead to harsher sentences for the offender. But it isn't a direct factor of the crime that makes it more severe, so it isn't an aggravating factor

Edit: Just to clarify, in case reading my response and Caitlin's below raises an eyebrow, VIS aren't an aggravating factor themselves, but they can serve to allow formal recognition of things that would be (significant impacts on the victim, vulnerability of the victim, etc) ;D
« Last Edit: March 26, 2017, 09:49:58 pm by jamonwindeyer »

CaitlinSavins

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Re: Legal Studies Question Thread
« Reply #751 on: March 26, 2017, 09:44:39 pm »
+3
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

Not a mod, but I think I can help here.
Victim impact statements, when taken into consideration by the judge/magistrate, generally make the sentence harsher/more severe.
Aggravating factors include factors like substantial harm, loss or emotional damage to the victim, so yes, VIS may serve as an aggravating factor if causation can be proven, so the judge would have to accept that the actions of the offender DIRECTLY led to the victim being severely affected.
When it comes to balancing the rights of offenders, victims and society, that's where it gets tricky. Judges often consider VIS to be impartial, subjective and unreliable, because the victim generally wants the offender to receive a harsher sentence. So yes, if a judge is impartial to the victim this impacts on the ability of the offender to achieve justice.

Hope this helps  :)

kiiaaa

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Re: Legal Studies Question Thread
« Reply #752 on: March 26, 2017, 09:49:08 pm »
0
Hey! VIS allow formal consideration of the impact the crime has had on the victim and their friends/family. Choosing to include a VIS in sentencing considerations is a matter of judicial discretion, and CAN lead to harsher sentences for the offender. But it isn't a direct factor of the crime that makes it more severe, so it isn't an aggravating factor

Not a mod, but I think I can help here.
Victim impact statements, when taken into consideration by the judge/magistrate, generally make the sentence harsher/more severe.
Aggravating factors include factors like substantial harm, loss or emotional damage to the victim, so yes, VIS may serve as an aggravating factor if causation can be proven, so the judge would have to accept that the actions of the offender DIRECTLY led to the victim being severely affected.
When it comes to balancing the rights of offenders, victims and society, that's where it gets tricky. Judges often consider VIS to be impartial, subjective and unreliable, because the victim generally wants the offender to receive a harsher sentence. So yes, if a judge is impartial to the victim this impacts on the ability of the offender to achieve justice.

Hope this helps  :)

LEGENDS! thank you

Bubbly_bluey

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Re: Legal Studies Question Thread
« Reply #753 on: March 26, 2017, 10:41:37 pm »
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Hey guys! I've got a question that asks to list out and explain fundamental properties of human rights. Does this mean civil+political rights, economic+social and community rights?  ::) Thanks!

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #754 on: March 26, 2017, 11:13:55 pm »
+1
Hey guys! I've got a question that asks to list out and explain fundamental properties of human rights. Does this mean civil+political rights, economic+social and community rights?  ::) Thanks!

Hey! I'd interpret that as meaning some of this stuff ;D

kiiaaa

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Re: Legal Studies Question Thread
« Reply #755 on: March 27, 2017, 09:27:38 am »
0
Hi
A REALLY urgent question: but which rights does the Australian Constitution guarantee  :P
thanks so much :)))

jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #756 on: March 27, 2017, 11:40:33 am »
+1

Hi
A REALLY urgent question: but which rights does the Australian Constitution guarantee  :P
thanks so much :)))

Section 116: Freedom of Religion
Section 80: Trial by jury (this is quite limited in scope)

It has also been interpreted to guarantee freedom of political communication

Neilab

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Re: 90 in Legal Studies: Ask me anything!
« Reply #757 on: March 27, 2017, 02:25:40 pm »
0

Woah I actually found this so helpful!! Love going through these threads when I need help tbh!!

Hi Jemimared! I'll field this one for Elyse if you like. This is a huge question (more specifically, an essay question!) and I won't be writing an entire essay on it for you here. What I'll do instead is give you a quick breakdown of what sort of things can be discussed.

This question focuses on the "Problems in Family Relationships" part of the syllabus. This encompasses:
  • Divorce, and the associated proceedings involving Children and Property
  • Domestic Violence

and the role of the Courts, Dispute Resolution, NGO's, and the Media, in these matters. Already we can see that this is a huge topic area, though the "cooperation" aspect of the question rules out Domestic Violence for the most part. We want aspects of the legal system that encourage cooperation between the involved parties, so there is a few things we can include.

A big thing to discuss would be the divorce process, which definitely encourages cooperation. Divorce cannot be obtained without proof that the relationship is damaged beyond repair, and in newer marriages, it is compulsory to try counselling. There is also the idea of no fault divorce, that no one is to blame for relationship breakdown. All of this stuff is contained in the Family Law Act 1975.

You can talk about matters relating to Children, how parents are encouraged to create their own custody plans. That both parents remain responsible for the upbringing of the child (that's in the FL (Shared Responsibility) Amendment Act of 2006). This and lots more to discuss here.

Dispute resolution definitely deserves a mention, especially since the most recent amendment to the Family Law Act in 2011, which expanded the process to more effectively deal with Domestic Violence. Mediation, since this amendment, has now been proven extremely effective in repairing relationships (or at least making the divorce process more beneficial to both parties). Besides this, discuss parenting orders, primary dispute resolution methods, and Child Support Reforms.

Hope this breakdown does a little to answer your question! There is literally pages worth of discussion to be had here, but hopefully this summary sets you in the right direction. Was there anything in here you needed a little more detail on? If you narrow the question either Elyse or myself can go into it a little more  ;D

TheFreeMarketeer

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Re: Legal Studies Question Thread
« Reply #758 on: March 27, 2017, 07:00:57 pm »
0
How would one go about answering this question? What criteria would you base it on? What arguments would you make?

Assess the use of defences to criminal charges in achieving justice topics: (complete defences to criminal charges), and (partial defences to murder).

Thanks guys.

rodero

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Re: Legal Studies Question Thread
« Reply #759 on: March 28, 2017, 12:17:07 am »
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How would one go about answering this question? What criteria would you base it on? What arguments would you make?

Assess the use of defences to criminal charges in achieving justice topics: (complete defences to criminal charges), and (partial defences to murder).

Thanks guys.

Hey,
I think provocation as a partial defence would be a good piece to talk about in one of your paragraphs  :) You can say how the use of a complete/partial defence allows for justice to be served for the offender, but at the expense of the victim/society. You can see this in the case of R v Singh and R v Loveridge where the provocation defence was used and resulted in a lesser sentence and caused much outrage within society.

Some extra pieces of evidence for the above cases:
Loveridge: The DPP stated that the sentence was 'manifestly inadequete'
Singh: Insights provocation episode Phil Cleary states 'If provocation allows for the killing of a woman for an alleged affair, then women are dead women walking'. (Singh murdered his wife after a heated argument with threats of deportation and claims of affairs).
Provocation has much more cases that you could use; You could look into the gay panic defence and the NSW Law Reform Commision's push to amend the defence to 'Gross Provocation'.

Off the top of my head, consent is a great one as it is something that is difficult to prove and therefore fails to uphold the rights of the victim. You could definitely link this with sexual assault cases; Unfortunately, I have none to offer  :'(

There's also the crossover between Mental Illness/Insanity with the partial defence of substantial impairment of responsibility by abnormality of mind. Offenders are usually persuaded to use the partial defence as it is seen as much easier to prove. However, this may leave offenders who are ACTUALLY mentally ill/insane to be tried for manslaughter... leading to injustice.

I kinda rambled on with this sorry  :P. This is just a result of me brainstorming a few ideas/concepts that I would personally use when attacking a question like that. I hope this can give you some inspiration as well as other people reading the thread! :)
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TheFreeMarketeer

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Re: Legal Studies Question Thread
« Reply #760 on: March 28, 2017, 12:47:14 am »
0
Hey,
I think provocation as a partial defence would be a good piece to talk about in one of your paragraphs  :) You can say how the use of a complete/partial defence allows for justice to be served for the offender, but at the expense of the victim/society. You can see this in the case of R v Singh and R v Loveridge where the provocation defence was used and resulted in a lesser sentence and caused much outrage within society.

Some extra pieces of evidence for the above cases:
Loveridge: The DPP stated that the sentence was 'manifestly inadequete'
Singh: Insights provocation episode Phil Cleary states 'If provocation allows for the killing of a woman for an alleged affair, then women are dead women walking'. (Singh murdered his wife after a heated argument with threats of deportation and claims of affairs).
Provocation has much more cases that you could use; You could look into the gay panic defence and the NSW Law Reform Commision's push to amend the defence to 'Gross Provocation'.

Off the top of my head, consent is a great one as it is something that is difficult to prove and therefore fails to uphold the rights of the victim. You could definitely link this with sexual assault cases; Unfortunately, I have none to offer  :'(

There's also the crossover between Mental Illness/Insanity with the partial defence of substantial impairment of responsibility by abnormality of mind. Offenders are usually persuaded to use the partial defence as it is seen as much easier to prove. However, this may leave offenders who are ACTUALLY mentally ill/insane to be tried for manslaughter... leading to injustice.

I kinda rambled on with this sorry  :P. This is just a result of me brainstorming a few ideas/concepts that I would personally use when attacking a question like that. I hope this can give you some inspiration as well as other people reading the thread! :)

It helped a lot. Thanks!

tklel

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Re: Legal Studies Question Thread
« Reply #761 on: March 28, 2017, 04:08:05 pm »
0
Hey, quick question.

My legal half yearly is in a few days and I'm speculating a question along the lines of "Evaluate the effectiveness of the legal system in balancing the rights of victims, offenders and society." (I am quite sure we will not be asked a question regarding YOs/international crime.)

Let's say I received this exact question, without it specifying any particular section of the syllabus.

Would I be better off covering the criminal investigation process, the criminal trial process and sentencing/punishment, or would I be better off selecting one of the three topics and basing my entire essay on that specific dotpoint?

I've written essays and plans on each individual dotpoint, so I think I'd be alright either way, but how would the marker like to see it?
« Last Edit: March 28, 2017, 04:10:03 pm by tklel »

bowiemily

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Re: Legal Studies Question Thread
« Reply #762 on: March 28, 2017, 04:29:27 pm »
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Hey, quick question.

My legal half yearly is in a few days and I'm speculating a question along the lines of "Evaluate the effectiveness of the legal system in balancing the rights of victims, offenders and society." (I am quite sure we will not be asked a question regarding YOs/international crime.)

Let's say I received this exact question, without it specifying any particular section of the syllabus.

Would I be better off covering the criminal investigation process, the criminal trial process and sentencing/punishment, or would I be better off selecting one of the three topics and basing my entire essay on that specific dotpoint?

I've written essays and plans on each individual dotpoint, so I think I'd be alright either way, but how would the marker like to see it?

In my opinion, I think you would be best in picking a prominent case from each section, and then having each paragraph focussed upon the flaws/strengths it highlights in that area of criminal law. That way, you are proving the breadth and depth of your knowledge to your marker, and because the question asks for the 'legal system', it is expected that you would consider its various parts rather than singling in on one.
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jamonwindeyer

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Re: Legal Studies Question Thread
« Reply #763 on: March 28, 2017, 06:15:45 pm »
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Definitely agree with Emily, since it asks for the Legal System, addressing a variety of areas is almost definitely going to make it easier for you to access the high range ;D that said, you definitely don't have to cover everything. It just means like, don't only cover defences to murder - It will be next to impossible to get the same power in your analysis of that small subset of the content, versus someone who carefully chooses a few aspects of the Legal to represent their arguments ;D

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Re: Legal Studies Question Thread
« Reply #764 on: March 28, 2017, 10:58:24 pm »
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there's this question in a practice paper 'define universal education' why would it be worth 2 marks and what else would you include other than the definition