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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 refers to the formal process where one jurisdiction surrenders a suspected or convicted criminal to another jurisdiction for prosecution or punishment. In this case, John and Sue have been charged in NSW while abroad. Extradition is crucial because it ensures that individuals evading justice cannot escape accountability by simply crossing borders. Through extradition treaties, countries cooperate in maintaining law and order, helping to tackle international crime effectively.
Step 2
John and Sue are charged with drug offences. Describe other types of crime.
Answer
Apart from drug offences, other types of crime include violent crimes (such as assault and murder), property crimes (like burglary and theft), white-collar crimes (including fraud and embezzlement), and cyber crimes (such as hacking). Each type poses unique challenges to law enforcement and requires different strategies for prevention and prosecution.
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 first be informed of the charges against them. After this, they would likely be taken into custody and have the opportunity to consult a lawyer. A bail hearing may follow, where the court decides if they can be released pending trial. The case would then proceed to pre-trial processes, including hearings and plea negotiations. If the case goes to trial, evidence would be presented, and both sides would argue their case. Finally, a verdict would be reached, followed by sentencing if found guilty, leading to a conclusion of the matter.
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 victims, laws provide avenues for restitution and protection, ensuring their interests are represented in the legal process. The accused have the right to a fair trial, legal representation, and to be presumed innocent until proven guilty. To serve community interests, laws focus on deterrence and rehabilitation of offenders, preventing future crimes. In the case of John and Sue, the legal proceedings must ensure that their rights are upheld without compromising the victim's rights to justice.