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Identify ONE complete defence and ONE partial defence to murder - HSC - SSCE Legal Studies - Question 17 - 2009 - Paper 1
Question 17
Identify ONE complete defence and ONE partial defence to murder. Outline the criminal process from a crime being reported to a sentence being given. Discuss the ne... show full transcript
Worked Solution & Example Answer: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 could be 'self-defence,' where the accused claims that they acted to protect themselves from imminent harm. A partial defence could be 'diminished responsibility,' where the accused acknowledges the killing but argues that they were suffering from a significant mental impairment at the time, reducing their culpability.
Step 2
Outline the criminal process from a crime being reported to a sentence being given.
Answer
- Reporting the Crime: A victim or a witness reports the crime to law enforcement.
- Investigation: Police investigate the claims, gather evidence, and may interview witnesses.
- Arrest: If sufficient evidence is found, law enforcement may arrest a suspect.
- Charging: The prosecutor reviews the evidence and determines whether to file charges against the suspect.
- Pretrial Proceedings: This phase includes hearings where the court decides on bail, plea bargains, and other pretrial motions.
- Trial: If there is no plea agreement, the case goes to trial where both sides present evidence.
- Verdict: The jury (or judge in a bench trial) delivers a verdict of guilty or not guilty.
- Sentencing: If found guilty, the court will hold a sentencing hearing to decide the appropriate punishment.
Step 3
Discuss the need for discretion within the criminal justice system.
Answer
Discretion in the criminal justice system is essential for several reasons. Firstly, judges and law enforcement officers often face unique case circumstances; discretion allows them to consider the context of each case rather than applying a one-size-fits-all approach. Additionally, it enables a more humane assessment of cases involving individuals with mitigating factors, such as mental health issues or first-time offenders. However, while discretion can lead to personalized justice, it also raises concerns about consistency and potential bias. Therefore, criteria and guidelines should exist to balance discretion with accountability.
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 can vary greatly across different segments of society due to various factors. Firstly, socio-economic conditions play a major role; individuals from economically disadvantaged backgrounds may feel alienated from the legal system and believe that laws are applied unequally, leading to lower compliance. For example, in areas with high crime rates, residents may see law enforcement as an adversary rather than a protector. Secondly, cultural attitudes towards laws can differ; some communities may prioritize certain social norms over legal statutes, leading to non-compliance. An example is drug laws; in some communities, recreational drug use may be normalized even if it contravenes the law. Finally, perceived effectiveness of the justice system also influences commitment; if individuals believe that the system fails to protect their rights or address grievances, they might be less likely to adhere to its provisions.