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Identify ONE complete defence and ONE partial defence to murder - HSC - SSCE Legal Studies - Question 17 - 2009 - Paper 1
Question 17
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.
Answer
A complete defence to murder is 'self-defence,' where the accused claims that they acted to protect themselves from imminent harm, justifying their actions under the law. A partial defence is 'provocation,' where the accused argues that they were provoked to a loss of self-control which led to the homicide, potentially reducing the charge to manslaughter.
Step 2
Outline the criminal process from a crime being reported to a sentence being given.
Answer
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Reporting the Crime: The victim or witness reports the crime to law enforcement.
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Investigation: Police begin an investigation, gathering evidence, interviewing witnesses, and collecting forensic data.
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Arrest: If sufficient evidence is found, the police arrest the suspect.
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Charging: The prosecutor reviews the case and decides whether to charge the suspect with a crime.
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Arraignment: The accused appears in court to hear the charges and enter a plea.
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Trial: If a plea of not guilty is entered, a trial is conducted where evidence is presented before a judge or jury.
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Verdict: After the trial, a verdict is given based on the evidence.
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Sentencing: If found guilty, a sentencing hearing is held where the judge delivers the sentence.
Step 3
Discuss the need for discretion within the criminal justice system.
Answer
Discretion within the criminal justice system is essential for several reasons.
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Flexibility: It allows law enforcement and judicial officials to assess cases individually, considering the circumstances and merits rather than applying strict rules uniformly.
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Justice: Discretion helps ensure that justice is served fairly, particularly in cases where mandatory sentencing could lead to disproportionate punishments.
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Resource Allocation: Law enforcement can prioritize cases that pose a greater risk to public safety, effectively managing limited resources.
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Addressing Individual Needs: Discretion allows officials to consider rehabilitation efforts for offenders rather than just punishment, especially for first-time or non-violent offenders.
By allowing discretion, the criminal justice system adapts to the complexities of human behavior and societal norms, promoting a fairer legal process.
Step 4
Examine why commitment to criminal laws is not shown equally across the community. Use relevant examples to support your response.
Answer
Commitment to criminal laws varies across communities due to several factors:
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Socioeconomic Status: In wealthier communities, individuals may feel a stronger commitment to the law due to higher levels of education and access to legal resources, whereas marginalized groups may experience disconnect and mistrust towards the system.
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Cultural Attitudes: Different cultural backgrounds can influence perceptions of lawfulness and authority. For instance, communities with historical tensions with law enforcement may exhibit less compliance with legal standards.
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Access to Justice: Communities with limited legal representation may struggle to access justice, leading to frustration and disengagement from the legal process, as seen in many economically disadvantaged areas.
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Awareness and Education: Knowledge about laws varies; communities that prioritize legal education often demonstrate greater commitment. For example, neighborhoods with community awareness programs typically have lower crime rates.
In conclusion, varying degrees of commitment to criminal laws stem from complex societal issues, which necessitate targeted interventions to promote equality in legal adherence.