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a) Identify ONE complete defence and ONE partial defence to murder - HSC - SSCE Legal Studies - Question 17 - 2009 - Paper 1
Question 17
a) Identify ONE complete defence and ONE partial defence to murder. b) Outline the criminal process from a crime being reported to a sentence being given. c) Discu... show full transcript
Worked Solution & Example Answer:a) 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,' wherein the accused claims that they acted to protect themselves from imminent harm. A partial defence is 'diminished responsibility,' which can reduce a murder charge to manslaughter if it is shown that the accused was suffering from a mental condition that impaired their ability to understand their actions.
Step 2
Outline the criminal process from a crime being reported to a sentence being given.
Answer
The criminal process begins with a crime being reported to law enforcement, where an investigation is initiated. If enough evidence is found, an arrest may be made. Following this, charges are laid by the prosecution, and the accused is brought before a court. A preliminary hearing may follow to determine if there is sufficient evidence for the trial.
If the case goes to trial, both the prosecution and defence present their arguments and evidence. The judge or jury then deliberates to reach a verdict. If the accused is found guilty, a sentencing phase occurs where the judge determines an appropriate punishment, taking into account circumstances surrounding the crime and any mitigating factors.
Step 3
Discuss the need for discretion within the criminal justice system.
Answer
Discretion in the criminal justice system is crucial for a few key reasons. First, it allows law enforcement and legal professionals to make judicious decisions based on the specifics of a case rather than strictly adhering to rigid rules. For instance, police may exercise discretion in issuing a warning instead of making an arrest for a minor offense, reflecting a more humane approach to law enforcement.
Moreover, discretion fosters flexibility in legal proceedings, enabling judges to consider individual circumstances during sentencing, which can lead to more equitable outcomes. However, it also raises concerns about bias and inconsistency, necessitating transparency and accountability in the exercise of this discretion.
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 significantly across communities due to several factors. Socioeconomic status plays a major role; for instance, in lower-income neighborhoods, individuals may feel alienated from legal systems that seem to disproportionately target them, leading to a lack of trust and compliance with laws.
Cultural attitudes also influence this commitment. Certain communities may have norms that conflict with specific laws, such as drug-related laws, resulting in higher rates of non-compliance.
Moreover, education levels affect understanding and adherence to laws. Communities lacking resources for legal education may not fully grasp the legal ramifications of their actions. To illustrate, areas with high crime rates often witness a cycle of distrust and disengagement from the legal system, which further perpetuates a lack of commitment to criminal laws.