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(a) Identify a penalty no longer available in Australia and give an example - HSC - SSCE Legal Studies - Question 17 - 2007 - Paper 1
Question 17
(a) Identify a penalty no longer available in Australia and give an example. (b) What are the elements of a crime? (c) Identify and analyse TWO conditions that hav... show full transcript
Worked Solution & Example Answer:(a) Identify a penalty no longer available in Australia and give an example - HSC - SSCE Legal Studies - Question 17 - 2007 - Paper 1
Step 1
Identify a penalty no longer available in Australia and give an example.
Answer
One penalty that is no longer available in Australia is capital punishment. For instance, in the mid-20th century, the death penalty was used for serious crimes such as murder. However, it was abolished in all Australian states and territories by 1984, reflecting a shift toward more rehabilitative forms of justice.
Step 2
What are the elements of a crime?
Answer
The essential elements of a crime typically include:
- Actus Reus: This is the physical act or unlawful omission that constitutes the crime.
- Mens Rea: This represents the intention or knowledge of wrongdoing at the time of the crime.
- Causation: There must be a clear connection between the actus reus and the resulting harm. Understanding these components is crucial as they establish the framework for determining criminal liability.
Step 3
Identify and analyse TWO conditions that have led to the reform of criminal law.
Answer
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Social Changes: Over the years, shifts in societal values and norms have prompted re-evaluations of existing laws, particularly those related to issues such as domestic violence and consent. For example, the introduction of laws addressing domestic violence reflects a greater public awareness and a demand for protective measures.
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Technological Advancements: The rise of the digital age has created new challenges in crime, leading to reforms that address cybercrime and related offenses. Legislation has evolved to encompass crimes that were previously not defined, ensuring the legal system keeps pace with societal changes.
Step 4
Thoroughly examine the purposes of punishment. Refer to relevant examples to support your answer.
Answer
Punishment serves several key purposes within the legal system:
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Deterrence: This aims to discourage the offender and others from committing similar crimes. For example, harsh penalties for drug trafficking are designed to deter individuals from engaging in such activities.
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Rehabilitation: This focuses on reforming the offender to prevent future crimes. Programs for substance abuse or mental health treatment are examples where the emphasis is on rehabilitating offenders.
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Retribution: This aspect seeks to provide justice for the victims and society, providing a sense of closure. An example would be lengthy prison sentences for violent offenses, reflecting societal condemnation of such actions.
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Incapacitation: This involves removing the offender from society to prevent further crime. For instance, life sentences for repeat offenders ensure that they cannot pose a risk to the community again.
Each of these purposes plays a crucial role in the overall function of the criminal justice system, aiming to balance justice for victims with the potential for offender reform.