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Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? A - HSC - SSCE Legal Studies - Question 18 - 2018 - Paper 1
Question 18
Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? A. The crimin... show full transcript
Worked Solution & Example Answer:Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? A - HSC - SSCE Legal Studies - Question 18 - 2018 - Paper 1
Step 1
Identify the best description: A. The criminal trial process is consistent with the principles of the UDHR.
Answer
This option indicates that the practices and legal standards within the criminal trial process align with the principles outlined in the UDHR. This is a valid interpretation, as the criminal justice system aims to uphold human rights.
Step 2
Identify the best description: B. The criminal trial process is required by the Australian Government to comply with the UDHR.
Answer
While the Australian Government adheres to the principles of the UDHR, this option suggests a mandatory requirement which is not entirely accurate. The legal system aligns with the UDHR's principles but is not directly mandated by it.
Step 3
Identify the best description: C. The UDHR is incorporated into the laws that determine the criminal trial process.
Answer
The UDHR itself is not a binding legal document within Australia. The principles of the UDHR may influence legislation, but it does not directly form a component of domestic law governing criminal trials.
Step 4
Identify the best description: D. The UDHR provides a remedy to a convicted person who considers their conviction unfair.
Answer
This option is misleading as the UDHR does not provide direct remedies. While it recognizes the right to a fair trial, remedies are offered through national legal systems rather than the UDHR directly.