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

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.

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.

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.