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John and Sue have criminal records in NSW for using and trafficking in drugs - HSC - SSCE Legal Studies - Question 17 - 2001 - Paper 1
Question 17
John and Sue have criminal records in NSW for using and trafficking in drugs. They decide to go overseas for a holiday. While they are overseas, the police in NSW ch... show full transcript
Worked Solution & Example Answer:John and Sue have criminal records in NSW for using and trafficking in drugs - HSC - SSCE Legal Studies - Question 17 - 2001 - Paper 1
Step 1
Using the example of John and Sue, define the meaning of extradition AND outline the role of extradition in dealing with international crime.
Answer
Extradition is the legal process through which one country formally hands over an individual to another country where they are accused of a crime or convicted of an offense. In the case of John and Sue, as they have warrants issued against them in NSW for drug trafficking, extradition would allow Australian authorities to request their return from the country they are visiting. This process is crucial for maintaining law and order and ensuring that individuals cannot evade justice by fleeing abroad. It helps in the combat against international crime by facilitating cooperation between nations.
Step 2
John and Sue are charged with drug offences. Describe other types of crime.
Answer
Other types of crime include:
- Theft: The unlawful taking of someone else's property with the intent to permanently deprive the owner of it.
- Assault: An intentional act that causes another person to fear that they will be subjected to harmful or offensive contact.
- Fraud: Wrongfully deceiving someone for personal gain, typically involving misrepresentation of facts.
- Homicide: The deliberate or negligent act of causing the death of another person. These examples illustrate various criminal offenses that can occur alongside drug-related crimes.
Step 3
Describe the criminal process that John and Sue might face from the time of their arrest until the matter is concluded.
Answer
Upon arrest, John and Sue would typically be taken into custody by law enforcement officials. Following their arrest:
- Initial Appearance: They would appear before a court where charges are formally read.
- Bail Hearing: A court may decide whether to grant bail or keep them in custody, depending on the severity of the charges.
- Preliminary Hearing: The evidence will be reviewed to determine if there is enough to proceed to trial.
- Trial: If the evidence is sufficient, a trial date will be set. During the trial, both the prosecution and defense will present their cases.
- Verdict: After the trial, the court will deliver a verdict.
- Sentencing: If found guilty, John and Sue may face sentencing, which could include jail time, fines, or probation.
- Appeal: If they believe there were legal errors during the trial, they may have the right to appeal the decision. This process addresses each phase leading up to the resolution of their legal situation.
Step 4
Using the example of John and Sue, OR another example, explain how the law addresses issues concerning the rights of victims, the accused and the community in relation to crime.
Answer
The law aims to balance the rights of victims, the accused, and the community. For instance, in the case of John and Sue:
- Victims' Rights: Victims of crime are entitled to be informed about the proceedings, attend court hearings, and have their voices heard in the process. This is important for ensuring they feel supported and acknowledged.
- Rights of the Accused: John and Sue are entitled to fair treatment under the law, which includes legal representation, the presumption of innocence until proven guilty, and the right to a fair trial. These rights are fundamental to ensure justice and prevent wrongful convictions.
- Community Interests: The community is considered in public safety measures and law enforcement policies. For example, the community has an interest in seeing that drug trafficking is addressed, leading to initiatives aiming to prevent crime and rehabilitate offenders. Laws are designed to serve the broader interest of community safety while upholding individual rights. Through these mechanisms, the law seeks to maintain justice and order while considering all affected parties.