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How effective are domestic and international measures in dealing with transnational crime? - HSC - SSCE Legal Studies - Question 24 - 2015 - Paper 1

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How effective are domestic and international measures in dealing with transnational crime?

Worked Solution & Example Answer:How effective are domestic and international measures in dealing with transnational crime? - HSC - SSCE Legal Studies - Question 24 - 2015 - Paper 1

Step 1

Definition of transnational crime

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Answer

Transnational crime refers to criminal activities that cross national borders and require a coordinated response from multiple jurisdictions. Examples include drug trafficking, human trafficking, cybercrime, and terrorism.

Step 2

Effectiveness of domestic measures

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Answer

Domestic measures are crucial for addressing transnational crime. Laws such as the Drug Misuse and Trafficking Act 1985 (NSW), Crimes Act 1995 (Cth), and Crimes Act 1914 (NSW) are integral to combating crimes that operate at an international level. While effective, the implementation can be limited due to jurisdictional challenges and resource gaps.

Step 3

Effectiveness of international measures

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Answer

International measures include treaties and conventions such as the UN Convention on Narcotic Drugs (1961) and the UN Convention Against Transnational Organized Crime. These frameworks promote cooperation and establish guidelines for mutual legal assistance, enhancing the ability to tackle transnational criminal activities.

Step 4

Judicial cooperation

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Answer

Judicial cooperation through extradition treaties and bilateral agreements is vital. They allow for the prosecution of offenders across borders, though differences in legal systems can create hurdles.

Step 5

Challenges in dealing with transnational crime

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Answer

Despite existing measures, challenges such as jurisdictional discrepancies, variations in legal standards, and the evolving nature of transnational crime (e.g., cybercrime) hinder effectiveness. Domestic law can struggle to keep pace with international crime's rapid evolution, leading to jurisdictional gaps and challenges in enforcing legal provisions.

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