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Identify ONE complete defence and ONE partial defence to murder - HSC - SSCE Legal Studies - Question 17 - 2009 - Paper 1

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Identify ONE complete defence and ONE partial defence to murder. Outline the criminal process from a crime being reported to a sentence being given. Discuss the ne... show full transcript

Worked Solution & Example Answer:Identify ONE complete defence and ONE partial defence to murder - HSC - SSCE Legal Studies - Question 17 - 2009 - Paper 1

Step 1

Identify ONE complete defence and ONE partial defence to murder.

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Answer

A complete defence to murder is 'self-defence', where the accused claims to have acted to protect themselves from immediate harm. A partial defence could be 'provocation', where the accused is partially excused from murder charges due to being provoked into a violent reaction.

Step 2

Outline the criminal process from a crime being reported to a sentence being given.

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Answer

  1. Reporting the Crime: The victim or a witness reports the crime to the police, initiating an investigation.

  2. Investigation: Police gather evidence, interview witnesses, and collect any forensics necessary to build a case.

  3. Arrest: If sufficient evidence is collected, the suspect is arrested and informed of their rights.

  4. Charging: The police submit a report to the Crown Prosecutor or District Attorney, who decides whether to file charges.

  5. Preliminary Hearing: A court hearing determines if there’s enough evidence to proceed to trial.

  6. Trial: The case goes to trial where both the prosecution and defense present their arguments and evidence.

  7. Verdict: The jury (or judge in a bench trial) delivers a verdict of guilty or not guilty.

  8. Sentencing: If guilty, a separate sentencing hearing occurs where the judge imposes a penalty, such as imprisonment or probation.

Step 3

Discuss the need for discretion within the criminal justice system.

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Answer

Discretion within the criminal justice system is crucial for several reasons:

  1. Flexibility and Fairness: It allows law enforcement and judicial officers to consider the context of each case, leading to fairer outcomes based on individual circumstances.

  2. Resource Management: With limited resources, discretion enables the prioritization of cases that require immediate attention or are of higher severity.

  3. Community Relations: Discretion can help build trust between law enforcement and communities by enabling officers to exercise judgment rather than strictly adhering to laws in all situations.

  4. Public Safety: Officers may decide to issue warnings or handle situations informally that may lead to better public safety rather than overcrowding the courts with minor infractions.

Step 4

Examine why commitment to criminal laws is not shown equally across the community. Use relevant examples to support your response.

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Answer

The commitment to criminal laws varies across communities due to socio-economic factors, cultural attitudes, and levels of education:

  1. Socio-Economic Disparities: Lower-income communities may experience higher crime rates and thus might exhibit a sense of disillusionment toward the law, often viewing it as an oppressive force rather than a protective one.

  2. Cultural Attitudes: In some communities, cultural norms may conflict with national laws, leading to selective adherence. For example, some groups may prioritize familial laws over state laws.

  3. Lack of Education and Awareness: Communities with lower educational attainment may not fully understand the laws and their implications, leading to noncompliance or ignorance of legal standards.

  4. Examples: Instances of differing responses to drug use laws illustrate this; in some neighborhoods, drug offenses lead to strict punishment, while in others, there is a push for harm reduction and treatment rather than criminalization.

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