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

An indictable crime is a more serious offense that is typically tried in a higher court. An example of an indictable crime is burglary.

Legal aid is designed to assist individuals who cannot afford legal representation. Its main features include:

1. Free or Subsidized Legal Advice: Individuals can receive legal advice without charge or at a reduced cost.
2. Eligibility Assessment: Applicants must meet certain income and asset tests to qualify.
3. Access to Justice: Legal aid aims to ensure that everyone, regardless of financial status, has access to legal representation and justice.

I will compare Public Order Offences from List A with Drug Offences from List B.

Similarities:

• Both categories involve behaviors that can disrupt public safety.
• They may carry significant legal penalties which aim to deter such behaviors.

Differences:

• Public Order Offences typically include actions such as disorderly conduct, which may not always involve a victim. Conversely, Drug Offences involve the illegal possession or distribution of controlled substances, affecting individuals and society directly.
• The enforcement and prosecution of Drug Offences often require extensive police resources and can lead to serious legal consequences including imprisonment.

The effectiveness of penalties in Australia can be assessed through various criteria:

1. Deterrence: Penalties such as fines or imprisonment aim to deter individuals from committing crimes. For instance, higher penalties for drug trafficking may prevent others from engaging in similar activities.

2. Rehabilitation: Programs integrated into the penal system (e.g., drug treatment programs) provide offenders with resources to change their behavior, addressing underlying issues contributing to criminal activity.

3. Restitution and Compensation: Victim impact statements and compensation frameworks are considered to ensure that victims of crime are acknowledged and compensated, promoting justice.

4. Societal Impact: The overall societal view on penalties, including perceptions of justice and fairness, can impact public confidence in the legal system.

5. Legislative Framework: Continuous evaluation of laws and penalties ensures they adapt to changing societal values and needs. This includes discussions on reforming penalties for 'victimless' crimes to reflect contemporary views on justice.

In conclusion, while penalties in Australia strive to achieve justice, effectiveness can vary based on individual circumstances and societal impact.