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Give an example of a summary crime - HSC - SSCE Legal Studies - Question 17 - 2008 - Paper 1

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Give an example of a summary crime. Give an example of an indictable crime. Outline the features of legal aid. Compare ONE type of crime from list A with ONE type... show full transcript

Worked Solution & Example Answer:Give an example of a summary crime - HSC - SSCE Legal Studies - Question 17 - 2008 - Paper 1

Step 1

Give an example of a summary crime.

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Answer

A summary crime is a less serious offense that is typically tried in a lower court. An example of a summary crime is petty theft, such as stealing a small item from a store.

Step 2

Give an example of an indictable crime.

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Answer

An example of an indictable crime is armed robbery, which is a more serious offense that generally requires a trial by jury.

Step 3

Outline the features of legal aid.

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Answer

Legal aid provides assistance to individuals who cannot afford legal representation. Key features include:

  1. Free or Subsidized Legal Services: Legal aid often covers costs for legal advice and representation in court, ensuring access to justice for low-income individuals.

  2. Eligibility Criteria: Applicants must meet specific financial thresholds to qualify for legal aid, which is determined by their income and assets.

  3. Coverage of Cases: Legal aid can cover various legal matters, including criminal cases, family disputes, and civil issues, depending on the jurisdiction and available resources.

Step 4

Compare ONE type of crime from list A with ONE type of crime from list B.

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Answer

Let’s compare Public Order Offences from list A with Drug Offences from list B.

  1. Nature of the Offences: Public order offences often involve behaviors that disrupt public peace, such as disorderly conduct or public intoxication. In contrast, drug offences generally pertain to the illegal possession, use, or trafficking of controlled substances.

  2. Severity and Impact: Public order offences, while serious, may carry lighter penalties than drug offences, which can result in significant legal consequences due to their relation to substance abuse and crime syndicates.

  3. Societal Perception: Public order offences are often viewed as nuisances that affect community safety, whereas drug offences are frequently associated with deeper issues of addiction and criminal activity.

Step 5

How effective are the types of penalties available in Australia in achieving justice for individuals and society?

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Answer

The effectiveness of penalties in Australia can be evaluated through several factors:

  1. Deterrence: The primary purpose of penalties, such as fines or imprisonment, is to deter individuals from committing crimes. Studies suggest that certain penalties do deter crime, but effectiveness varies by type of offence.

  2. Rehabilitation: Penalties like community service or rehabilitation programs aim to reintegrate offenders into society. Effective rehabilitation has shown to reduce recidivism rates, promoting safer communities.

  3. Restorative Justice: Some penalties focus on restoring the victim’s rights and compensating for harm. This approach emphasizes community involvement and victim-offender mediation.

  4. Public Perception: The effectiveness of penalties can also be assessed by public perception of justice. If the community feels that penalties are fair and proportionate, trust in the justice system is maintained. Conversely, perceived leniency can lead to public dissatisfaction.

In conclusion, while penalties contribute to justice, their effectiveness in achieving balance depends on proper implementation and continuous evaluation of their impact on individuals and society.

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