Please rate my answer for Legal Studies? (7 Viewers)

[enoilgam]

Mark this 3 marker. "Outline the features of legal aid."

Legal aid, including legal representation is designed to ensure that all people who come before the law, have the right to a fair trial and a solid defense. The aim of legal aid is to remove inequality from the legal system. The group who is most likely to be granted legal are young children, as it takes note of their immaturity and innocence and their inability to commit mens rea. However, legal aid is necessary to all who face criminal charges. If it didn't exist in the legal system, there would be several cases where a miscarriage of justice would occur.

I reakon 2/3. You forgot to put that legal aid functions to service those who cant afford legal representation. Otherwise the answer is well written and presented.

 

[Phoebe 123]

I was going to write that, but I didn't know what's the difference between Legal Aid and Legal Representation, so I didn't want to run the risk of getting it wrong.

Do you think I am improving my writing; in terms of informal language, and not overloading too many words in one sentence?

 

[enoilgam]

I was going to write that, but I didn't know what's the difference between Legal Aid and Legal Representation, so I didn't want to run the risk of getting it wrong.

Do you think I am improving my writing; in terms of informal language, and not overloading too many words in one sentence?

Your writing has improved heaps especially with the sentences. I can see that your taking what I've said on board.

 

[Phoebe 123]

Also mark this one out of 4.

"Identify TWO types of international crime, and provide an example of each type."

Two types of international crime are crimes against the international community, and transnational crime. Crimes against the international community are crimes commited by a number of countries and are ratified by treaties and conventions, eg. genocide. Transnational crime is breaking the law in more than one country. These type of crimes involve breaking the law across national borders. eg. people smuggling.

 

[enoilgam]

I reakon that would probably get 4, although you should have gone into a little bit more detail in your examples.

 

[Phoebe 123]

I want to ask; will I need to know anything from Year 11 course for Year 12? Because to me, they seem to be completely different, and I find the concepts in Yr 12 rather simple.

 

[enoilgam]

I want to ask; will I need to know anything from Year 11 course for Year 12? Because to me, they seem to be completely different, and I find the concepts in Yr 12 rather simple.

You need to understand some of the concepts in order to move on to year 12, ie you need to know what precedent is, statute etc. But the content itself is completely different if that makes sense.

 

[Phoebe 123]

Can you give me some examples of legal measures in the criminal justice system in acheiving justice? I can only think of sentencing, victim's statements (is this one?), discretion of the judge, jury, police, etc.

Any other examples?

 

[enoilgam]

Can you give me some examples of legal measures in the criminal justice system in acheiving justice? I can only think of sentencing, victim's statements (is this one?), discretion of the judge, jury, police, etc.

Any other examples?

The ones that you have mentioned are pretty much the main ones. If you are writing a 15 mark response, you have more than enough to talk about with those.

 

[smartalec]

um briefly reading this just wanted to comment on Phoebe's poor etiquette. which needs to improve. similarly to her expression/grammar etc. do you know what please and thank you means? "mark this out of 5" - youre not sounding demanding or anything. geez. most people you have to pay and enoilgam is fully marking these for you out of courtest.

also enoilgam, are you selling SOR notes?

 

[Master master]

This is a perfectly good response, but practically, it's highly redundant, no offence. The question you've got there is way to specific on one aspect, if anything it would be a much broader question. Also the question is most likely going to be an assess or evaluate, which require a implicit judgement. So in trying to help along your preparation, you should focus on slightly broader questions, (the older HSC past papers, look at the question d, but note that some of them are a bit specific). Otherwise it's a pretty good response apart from a few things.

The question is "Discuss the role of discretion in the criminal justice system." This is my answer:

Discretion in the criminal justice system refers to the power of the police, the prosecutor, and the judge/magistrate and the jury to make informal decisions about factors if there is enough evidence to prosecute someone, or to arrest someone. It is necessary and vital for the criminal justice system because the whole facts need to be looked at before making an allegation against someone. A breach of this would be seen as an inconsideration of the law and the facts. Police exercise discretion everyday; when they see a car speeding, they wish to issue a speeding ticket or a warning. That is an decision to issue an caution When they suspect any kind of breach of the law, they have to make informed decisions about whether to take it further; this decision will depend on factors such as the severity of the crime, the circumstances surrounding the crime, and if there is enough cause to take it further. When investigating a crime, police may wish to dismiss their investigation. This is often because of a struggle to find evidence to arrest the suspect, or of the severity. For less serious offenses, police may simply issue a warning or a caution, and if it is done repititively, police will usually arrest the offender so the matter goes to court. In all cases, the jury plays a huge part in what will happen to the offender, as the defendant’s fate pretty much lies in their hands as what they decide will seal the fate of the arrestee. It is extremely important that the jury looks at both sides of the argument impartially and carefully and makes a wise decision which considers all the evidence and circumstances, not doing so may result in a miscarriage of justice. Discretion gives the power to the prosecutor of dismissing a case against the defendant on factors such as the probability of getting a conviction, the nature of the offense, characteristics of the offender, or if the defense has outclassed their case. In conclusion, the decisions or otherwise called discretion that the jury, the judge, police make play an huge impact on parties of the offenses lives, and it is extremely important that it is not breached or abused by all parties in the criminal justice system to avoid a miscarriage of justice.


How can I improve this to maximise marks?

 

[enoilgam]

This is a perfectly good response, but practically, it's highly redundant, no offence. The question you've got there is way to specific on one aspect, if anything it would be a much broader question. Also the question is most likely going to be an assess or evaluate, which require a implicit judgement. So in trying to help along your preparation, you should focus on slightly broader questions, (the older HSC past papers, look at the question d, but note that some of them are a bit specific). Otherwise it's a pretty good response apart from a few things.

I think that is a 2009 HSC question.

 

[alstah]

In the new legal studies syllabus, for the HSC this would be a 15 mark question. You must make reference to cases, legislation and media reports. Also, discuss using criteria: Protection of individual rights, and meeting society's needs, for example.

Overall it is quite good, however as pointed out above, it is descriptive at times. For a 15 marker, it should be about 600 words, and make sure you present arguments for and against, as it is a discussion. Your content is good, it seems like textbook content, however in Legal you need cases, legislation and media reports!

All the best

 

[alstah]

This is a perfectly good response, but practically, it's highly redundant, no offence. The question you've got there is way to specific on one aspect, if anything it would be a much broader question. Also the question is most likely going to be an assess or evaluate, which require a implicit judgement. So in trying to help along your preparation, you should focus on slightly broader questions, (the older HSC past papers, look at the question d, but note that some of them are a bit specific). Otherwise it's a pretty good response apart from a few things.

I beg to differ. Themes and challenges of the syllabus... the first one states:

"The role of discretion in the criminal justice system".

This is actually a very broad question as its open to incorporate multiple areas of the crime section. However, it can also be made specific, by merging it with a syllabus dotpoint or topic area, such as young offenders for example.

I think its reasonable to be asked to 'Discuss' for 15 marks. It's asking for reasons for an against, which a discussion is, and drawing in+linking components. Doesn't necessarily have to be an assess or evaluate.


Also, the syllabus has changed, so make sure if looking at older HSC papers, you only attempt questions that are covered in this new syllabus.

 

[Phoebe 123]

Discretion is vital as it gives all parties in the criminal justice system the right to arrest, the right to issue cautions and warnings, right to fine, and the right to use proffesional judgement. It also lets a judge, jury and a police officer adapt to different circumstances. Through a common law system, it gives a judge the right to use precedent in looking at past cases when faced with similar cases. Disadvantages of discretion are that it can be abused, and police can use this power to harass members of the community. It is also controversial that a juries's thoughts/verdict closes and seals the decision of cases, as they are just normal people from the community randomly picked, with no expertise of the legal system and the law. It is doubtful to give them such a huge role in regards to discretion, letting them deliver a verdict beyond reasonable doubt. As they have not been picked by their knowledge/expertise of the legal system, they are not professionally qualified people to be deciding the fate of an defendant. It is extremely important that they are not biased/look at the facts and both arguments of the prosecutor and the defense carefully to make an appropriate decision.

Those are some advantages and disadvantages that I could think of.

 

[alstah]

Good, now be a little more specific. Give examples, use cases, legislation and media reports...

No Cases/Leg/Media = No band 6!

 

[enoilgam]

Good, now be a little more specific. Give examples, use cases, legislation and media reports...

No Cases/Leg/Media = No band 6!

I agree. I reakon if you put Cases/Legislation/Media reports and been more specific, you probably would be looking at 5+ out of 6. But at the moment its probably a 4/6.

 

[Phoebe 123]

How about "Thoroughly examine the purposes of punishment." Out of 12 marks.

The main purposes of punishment are deterrence, retribution, Rehabilitation and Incapacitation.

Deterrence is to discourage people from committing crimes in the future. They are two types of deterrence; they are specific and general. Specific is an attempt to discourage an individual from re-offending. For example, if an offender charged for cold-blooded murder 15 years after their release thought of doing it again, they would reconsider and think about re-living prison all over again. Or an small sentence for a breach of the law could give the offender a "taste" of what prison will be like for a longer sentence. The other type is general. This type attempts to send a message across to the community that criminal behavior will not be tolerated and WILL be found out and punished. This aims to get the community to see how harsh a penalty can be imposed for criminal behavior. For example, the punishment for murder usually varies from at least 10 to 20 years. Seeing as what can happen to people who commit crimes can be seen as an effective way to make the community comply with the law out of fear of the punishments in place if they don't. Deterrence is usually effective in minor cases. For example, for speeding, a fear of, after being fined/warned, a fear of being offered a harsher punishment if caught second time around. But for indictable offenses, it is not quite as effective. Deterrence also fails to work if the criminal has an mental illness. The main aim of deterrence is to get the community and criminals to see what committing crimes can do to them, the effect it has, and to develop fear amongst criminals/community to reduce criminal behavior.

Retribution is the notion that the punishment should suit the crime. Retribution is for the penalty to achieve justice for the victim/s and their families. This is up to the discretion of the judge and jury. It is common that severe crimes will achieve a harsher sentence. It is to ensure that the severity of the penalty fits in with the severity of the crime; otherwise it can be looked at as misdeed or a miscarriage of justice. Retribution's main aim is to make sure that criminal behavior is dealt with fairly and accordingly. It can also represent the notion of making the offender suffer in return for the pain they caused the victim/s and their family; to promote the idea of fairness and justice.

Another purpose of punishment is Rehabilitation is the idea of trying to change the criminal's behavior so that they don't re-offend. This is mainly to tackle the ongoing problem of recidivism. In accordance with the Young Offenders Act 1997, rehabilitation should be the main purpose of punishment for any crime committed by anyone from 0-15 years of age, or a young person from 16-18. This is because children are under-educated, and they are too naive and innocent to be accused of a crime. Some punishment with reform as its objective are community service, conditions of bond which the offender must comply to such as going to counseling to deal with drug, alcohol or anger management issues. There are also health facilities/authorities that aim to help the offender get over the addiction of criminal behavior. This is known as therapeutic justice. Drug Court and the Youth Drug and Alcohol Court are examples of this. They are usually MERIT program referrals. If offenders fail to comply with the rehabilitation program imposed by the court, then further punishments apply.

The final reason is incapacitation. This is the notion of removing the criminal from society; to protect society and the victim/s from them and to detain them. This is usually for a general murderer, rapist, etc; the idea of imprisonment is to detain them so they are not a worry for innocent families and victims or to society in general. Imprisonment, Home Detention and other penalties which aim for incapacitation aim to remove anyone harmful to the wellbeing of the community. Lengthily sentences for serious offenders satisfy this.

 

[enoilgam]

I'd say 8/12. You need cases/legislation/media reports in all paragraphs. Otherwise it is quite good, the content is there.

 

[Phoebe 123]

Do I have to use cases/media reports/legislation for all these types of questions except the "Outline" ones??