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(a) Identify a penalty no longer available in Australia and give an example - HSC - SSCE Legal Studies - Question 17 - 2007 - Paper 1
Question 17
(a) Identify a penalty no longer available in Australia and give an example. (b) What are the elements of a crime? (c) Identify and analyse TWO conditions that hav... show full transcript
Worked Solution & Example Answer:(a) Identify a penalty no longer available in Australia and give an example - HSC - SSCE Legal Studies - Question 17 - 2007 - Paper 1
Step 1
Identify a penalty no longer available in Australia and give an example.
Answer
One penalty that is no longer available in Australia is capital punishment. This form of punishment was abolished in Australia in the 1970s. An example of its historical application can be seen in the execution of convicted criminals for serious offenses such as murder.
Step 2
What are the elements of a crime?
Answer
The elements of a crime generally consist of the following three components:
- Actus Reus: This refers to the physical act or conduct that constitutes a criminal offense.
- Mens Rea: This refers to the mental state or intent of the individual at the time the act was committed.
- Causation: This involves establishing a causal link between the actus reus and the harm caused to the victim.
Step 3
Identify and analyse TWO conditions that have led to the reform of criminal law.
Answer
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Social Change: Shifts in societal values, such as growing recognition of human rights, have necessitated reforms in criminal law. This has led to changes in laws regarding sexual offenses, domestic violence, and hate crimes.
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Technological Advances: The rise of digital technology has resulted in new types of offenses, such as cybercrime. As a response, lawmakers have had to reform existing laws to address these emerging threats.
Step 4
Thoroughly examine the purposes of punishment. Refer to relevant examples to support your answer.
Answer
The purposes of punishment can be broadly categorized into several key objectives:
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Retribution: This is the idea of ensuring that the offender receives a punishment equivalent to the harm caused. For example, a murderer receiving a lengthy prison sentence aims to provide a sense of justice to the victims' families.
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Deterrence: The goal here is to discourage the offender and others from committing similar crimes. For instance, harsher penalties for drug trafficking are meant to deter potential offenders.
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Rehabilitation: This focuses on reforming the offender so they can reintegrate into society as law-abiding citizens. Programs for substance abuse treatment in prisons exemplify this purpose.
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Public Protection: This aims to protect society by removing dangerous individuals from the community, such as through incarceration of violent offenders.
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Restoration: This seeks to repair the harm done to the victims and the community. Examples include restorative justice programs where offenders engage with victims to understand the impacts of their actions.