Photo AI
Section II Part B — Answer Question 25 on pages 14–19 - HSC - SSCE Legal Studies - Question 25 - 2021 - Paper 1
Question 25
Section II Part B — Answer Question 25 on pages 14–19
Worked Solution & Example Answer:Section II Part B — Answer Question 25 on pages 14–19 - HSC - SSCE Legal Studies - Question 25 - 2021 - Paper 1
Step 1
Demonstrates an extensive understanding of achieving justice through criminal processes and institutions
Answer
Achieving justice within criminal processes and institutions is multifaceted, focusing on not just punishment but also the prevention of crime. Legal systems vary significantly in how they prioritize these aspects. This section will explore how different processes, such as investigations, trials, and sentencing, contribute to justice.
Firstly, the investigative process involves law enforcement agencies like the police gathering evidence, arresting suspects, and ensuring due process during remands. This foundational step sets the tone for how justice proceeds. Moreover, thorough investigations prevent miscarriages of justice, making it crucial for upholding legal and ethical standards.
Next, trial procedures are critical, where fairness is ensured through means like adversarial systems, plea negotiations, and jury trials. In this context, the role of impartiality cannot be overstated, as it ensures that the outcomes reflect a fair judgment based on evidence.
Additionally, sentencing itself is a place where the legal system's focus on punishment versus prevention is intensely scrutinized. Sentencing options such as diversionary programs highlight a balanced approach to justice, focusing not merely on punitive measures but also on the rehabilitation and reintegration of offenders into society.
Step 2
Makes an informed judgement, in reference to the statement, whether the legal system focuses on punishing offenders rather than preventing crime
Answer
An informed judgment hinges on evaluating current legal practices against their intended objectives. While punitive measures dominate public discourse, there is a growing recognition of the importance of preventive strategies. Recent reforms favor rehabilitative sentencing and community service over incarceration, demonstrating a shift towards long-term crime prevention. This reflects a deeper understanding that reducing recidivism necessitates addressing the root causes of offending behavior.
Thus, it can be argued that while punishment is a significant aspect of the legal system, there is a concerted effort to harmonize this with preventive frameworks.
Step 3
Integrates relevant examples such as legislation, cases, media, international instruments and documents
Answer
Integrating legislation like the Youth Criminal Justice Act (YCJA) showcases an explicit effort to focus on rehabilitation over incarceration for young offenders. Additionally, international conventions such as the United Nations Convention on the Rights of the Child emphasize restorative justice principles, informing domestic laws and practices.
A comparative analysis of landmark cases, such as R v. Gladue, illustrates the incorporation of cultural and social factors into sentencing, striving for better outcomes in terms of justice and societal reintegration.
Step 4
Presents a logical and cohesive response to the question using relevant legal terminology
Answer
By employing appropriate legal terminology throughout, such as 'due process', 'recidivism', and 'restorative justice', the response demonstrates a robust understanding of the subject. This legal framework not only contextualizes the discussion but also enhances clarity and professionalism in addressing the question. Ultimately, achieving justice encompasses both punitive measures and proactive strategies, striving for a balance that promotes societal safety and offender rehabilitation.