wrong_turn
the chosen one
i don't know whether this is legal to have exemplars on bored but herre are two exemplars that i had lying around.
2001 paper
17 a
this was a band 5/6 response
extrdition is the term used to describe the sending of an individual with a warrant out on them back to the country of residence in ordeer to be tried under the domestic law of that state. in order for extradtion to occur, the two states invloved must have an agreement by which the charged person can be transferred back to their country. extradition is a major element of dealing with international crime as unless individuals such as john and sue are extradited they do not recieve retribution for the crime they allgedly committed. a well publicised case in whcih justice could no be done because of a lack of extradtion agreements is that involving the infamous christoppher skase where the offender remained unpunished for his crime.
b
drug offences are one of the many types of crime as we know it. crimes come under several categories including crimes against the person, crimes agains property, victimless rimes and crimes against the state.
cries against the person include murfer which is the unlawful killing of a individual with'malice afterthogh' or resulting from a 'reckless indifference for life.' manslaughter is the unlawful killing of a person in circumstances less culpable than muder. this include voluntary manslaughter (self-defence, provocation, insanity) or voluntary manslaughter(negligence). other crimes agains the person include assault and battery and sexual offnces including both abuse and rape.
crimes against property inclie such things as larceny and theft, breaking and entering, and robbery. alson inclded in the category is such aspects of crime as fraud, tax evasionembezzlement, insider ttrading, exortion, vandalism and arson.
the main crime which is considered victimless is that of illegal drug use. these crimes are considered such as the crime is causing damage to no one but the offender. drug use comes under both this category and the drug offences that sue and john are charged with.
crimes against the state include such offences as treason which involves plotting against a monarch, fighting against Australia in times of war or inciting antoher country to invade. the crime of sedition is also covered in this area.
other crimes include traffic offences which are usually strict liability offences or resulting from culpable driving.
c
once john and sue have been arrested by the police they are subjected to a lengthy criminal process until the matter is concluded. firstly they will be interrogated by the police who will search for evidence which could be used in the case. all alleged offenders have the right to have bail considered for their case as was established in the case of R v Walters. bail is determined on a number of factors including the severity of the crime and the possibility of the alleged offender not appearing for court on the set date. as sue and john had to be extradited in the first place, this may work against them and the police may prove that they should be held on remand.
when the trial date is set, the defendant is expected to appear at the court. the defendant can either plead guilty or not guilty. if the defendant pleads guilty than sentencing takes place, if not then the trial proceeds. although plea bargaining is not legal in NSW, it is suspected that it still occurs. this means that defendants may feel pressured to plead guilty or they may recieve a lighter sentence than they really deserve.
throughout the trial witnesses will be called and evidence presented. the defendant has the right to have legal representation and the alleged offender may be called on to tesitfy. they will then be subjected to cross-examination by the prosecution who is representative of the state since crime is considered to be ana ct against society as a whole. it is unlikely that a jury of twelve is present at a trial involving serious drug offences.
once guilt or innocence has been dtermined by the jury, the trial moves to the next stage. if the defendant is proven innocent they are free to go and resume their postition in the community. however, if they are fond to be guilty, sentencing takes place.
there are a number of factors that influence sentencing.taken into account are the circumstances of the offence (objective factors) and circumstances of the offender (subjective factors). since both john and sue have criminal records in NSW they may be given a longer sentence than if they were first time offenders. other influenceing factors are the prescence of any aggravating or mitigating circumstances, judicial discretion and maximum penalties set for the crime. as a result of the sentencing Act, criminals now experience what is known as truth in sentencing inw hich it is mandatory that the offender spends at least two thirds of their sentence in gaol.
because of the nature of john and sue's crime, it is most likely that they willl be sentenced ti prison for a specific time.
decisions then have to be made regarding the security level of the prison they are sent to and, in the future on such matters as parole. prisones who have committed sexual offences are often placed in protective custody away from the majority of the prison inmates.
d
the victims to a crime such as drug offences are seen to be members of society as a whole. in order so that society see that justice is done the date of the trial of john and sue would be made public so that any member of society can witness proceedings, if there are any specific vitims to the crime who have suffered loss or damage as a result to the actions of sue and john , the governement has made it their right to fill out victims impact claims which will be taken into account upon sentencing in order to evaluate acceptable retribution.
throughout criminal proceedings, the accused is given numerous rights to ensure that the rule of law and natural justice is applied. according to the principal of natural justice it is the right of the accused to be heard and to be judged free from any bias. a suspect once arrested also has several rights int heir dealings wiht the police, these include the right o remain silent, the right ti have copies of any recorded interview and the right to legal rpresentation. this last right was extablished in the case of deitrich v the queen where it was decided that a lack of legal representation would disadvantage the defendant and therefore make it an unfair trial.
the accused also has the right to be judged by his/her peers. in such a case as sue and john's the jury would consist of twelve memebrs from the community.with an active role int hte legal system, giving themt he most important job- to decide innocence or guilt.
the law uses several mechanisms to ensure that the rights of the victims, the accusd and the community are all realised.
i also have c and d. i will type them up later. cheers.
2001 paper
17 a
this was a band 5/6 response
extrdition is the term used to describe the sending of an individual with a warrant out on them back to the country of residence in ordeer to be tried under the domestic law of that state. in order for extradtion to occur, the two states invloved must have an agreement by which the charged person can be transferred back to their country. extradition is a major element of dealing with international crime as unless individuals such as john and sue are extradited they do not recieve retribution for the crime they allgedly committed. a well publicised case in whcih justice could no be done because of a lack of extradtion agreements is that involving the infamous christoppher skase where the offender remained unpunished for his crime.
b
drug offences are one of the many types of crime as we know it. crimes come under several categories including crimes against the person, crimes agains property, victimless rimes and crimes against the state.
cries against the person include murfer which is the unlawful killing of a individual with'malice afterthogh' or resulting from a 'reckless indifference for life.' manslaughter is the unlawful killing of a person in circumstances less culpable than muder. this include voluntary manslaughter (self-defence, provocation, insanity) or voluntary manslaughter(negligence). other crimes agains the person include assault and battery and sexual offnces including both abuse and rape.
crimes against property inclie such things as larceny and theft, breaking and entering, and robbery. alson inclded in the category is such aspects of crime as fraud, tax evasionembezzlement, insider ttrading, exortion, vandalism and arson.
the main crime which is considered victimless is that of illegal drug use. these crimes are considered such as the crime is causing damage to no one but the offender. drug use comes under both this category and the drug offences that sue and john are charged with.
crimes against the state include such offences as treason which involves plotting against a monarch, fighting against Australia in times of war or inciting antoher country to invade. the crime of sedition is also covered in this area.
other crimes include traffic offences which are usually strict liability offences or resulting from culpable driving.
c
once john and sue have been arrested by the police they are subjected to a lengthy criminal process until the matter is concluded. firstly they will be interrogated by the police who will search for evidence which could be used in the case. all alleged offenders have the right to have bail considered for their case as was established in the case of R v Walters. bail is determined on a number of factors including the severity of the crime and the possibility of the alleged offender not appearing for court on the set date. as sue and john had to be extradited in the first place, this may work against them and the police may prove that they should be held on remand.
when the trial date is set, the defendant is expected to appear at the court. the defendant can either plead guilty or not guilty. if the defendant pleads guilty than sentencing takes place, if not then the trial proceeds. although plea bargaining is not legal in NSW, it is suspected that it still occurs. this means that defendants may feel pressured to plead guilty or they may recieve a lighter sentence than they really deserve.
throughout the trial witnesses will be called and evidence presented. the defendant has the right to have legal representation and the alleged offender may be called on to tesitfy. they will then be subjected to cross-examination by the prosecution who is representative of the state since crime is considered to be ana ct against society as a whole. it is unlikely that a jury of twelve is present at a trial involving serious drug offences.
once guilt or innocence has been dtermined by the jury, the trial moves to the next stage. if the defendant is proven innocent they are free to go and resume their postition in the community. however, if they are fond to be guilty, sentencing takes place.
there are a number of factors that influence sentencing.taken into account are the circumstances of the offence (objective factors) and circumstances of the offender (subjective factors). since both john and sue have criminal records in NSW they may be given a longer sentence than if they were first time offenders. other influenceing factors are the prescence of any aggravating or mitigating circumstances, judicial discretion and maximum penalties set for the crime. as a result of the sentencing Act, criminals now experience what is known as truth in sentencing inw hich it is mandatory that the offender spends at least two thirds of their sentence in gaol.
because of the nature of john and sue's crime, it is most likely that they willl be sentenced ti prison for a specific time.
decisions then have to be made regarding the security level of the prison they are sent to and, in the future on such matters as parole. prisones who have committed sexual offences are often placed in protective custody away from the majority of the prison inmates.
d
the victims to a crime such as drug offences are seen to be members of society as a whole. in order so that society see that justice is done the date of the trial of john and sue would be made public so that any member of society can witness proceedings, if there are any specific vitims to the crime who have suffered loss or damage as a result to the actions of sue and john , the governement has made it their right to fill out victims impact claims which will be taken into account upon sentencing in order to evaluate acceptable retribution.
throughout criminal proceedings, the accused is given numerous rights to ensure that the rule of law and natural justice is applied. according to the principal of natural justice it is the right of the accused to be heard and to be judged free from any bias. a suspect once arrested also has several rights int heir dealings wiht the police, these include the right o remain silent, the right ti have copies of any recorded interview and the right to legal rpresentation. this last right was extablished in the case of deitrich v the queen where it was decided that a lack of legal representation would disadvantage the defendant and therefore make it an unfair trial.
the accused also has the right to be judged by his/her peers. in such a case as sue and john's the jury would consist of twelve memebrs from the community.with an active role int hte legal system, giving themt he most important job- to decide innocence or guilt.
the law uses several mechanisms to ensure that the rights of the victims, the accusd and the community are all realised.
i also have c and d. i will type them up later. cheers.
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