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Identify TWO courts that deal with criminal cases - HSC - SSCE Legal Studies - Question 17 - 2006 - Paper 1
Question 17
Identify TWO courts that deal with criminal cases. Identify TWO types of international crime, and provide an example of each type. Discuss the role of the sentenci... show full transcript
Worked Solution & Example Answer:Identify TWO courts that deal with criminal cases - HSC - SSCE Legal Studies - Question 17 - 2006 - Paper 1
Step 1
Identify TWO courts that deal with criminal cases.
Answer
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Magistrates' Court: This court handles minor criminal cases, preliminary hearings for serious offenses, and is the first point of call in the criminal justice system.
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Crown Court: This court is responsible for serious criminal cases, including those that require jury trial, such as indictable offenses.
Step 2
Identify TWO types of international crime, and provide an example of each type.
Answer
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Human Trafficking: This is a global issue that involves the illegal trade of individuals, often for forced labor and sexual exploitation.
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Drug Trafficking: This involves the illegal exchange of controlled substances and often crosses international borders, impacting multiple nations' security and health.
Step 3
Discuss the role of the sentencing process in balancing the interests of the community with the rights of the offender.
Answer
The sentencing process plays a crucial role in the justice system as it attempts to balance the need for community safety with the rights of offenders. Various factors are considered during sentencing, including:
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Punishment: The objective of punishment serves to uphold societal norms and deter future crimes, reflecting the community's demand for justice.
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Rehabilitation: Sentencing also aims to rehabilitate offenders, offering them a chance to reintegrate into society, which addresses the rights of the individual and promotes public safety in the long term.
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Deterrence: Effective sentencing serves as a deterrent to others in the community, ensuring that potential offenders are aware of the consequences of criminal activity.
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Restitution: Consideration is given to compensation for victims, reinforcing the community's sense of justice and responsibility.
By evaluating these factors, the sentencing process fosters a balance, ensuring that while community interests are protected, the rights of offenders are respected.
Step 4
Assess the effectiveness of various forms of legal measures in achieving justice, with reference to at least one current criminal justice issue.
Answer
In assessing the effectiveness of legal measures, consider the following:
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Anti-terror Laws: These laws aim to protect communities from terrorist threats but often raise concerns regarding civil liberties and potential discrimination against specific groups.
- Effectiveness: While they can deter and prevent attacks, they may also lead to human rights violations and create a climate of fear, which can undermine community trust in legal institutions.
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Mandatory Sentencing: This legal measure aims to ensure consistent outcomes for specific crimes.
- Effectiveness: Although it promotes fairness, it can lead to disproportionately harsh sentences, particularly for minor offenses, resulting in overcrowded prisons without addressing underlying issues.
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Trial by Media: This form can influence public perception of justice and fairness during legal proceedings.
- Effectiveness: While it raises public awareness, it can jeopardize an offender's right to a fair trial and skew community perceptions.
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The Right to Silence: This principle protects individuals during criminal proceedings.
- Effectiveness: It is essential for ensuring just treatment, but may complicate prosecutions.
In conclusion, while these legal measures serve to enhance justice in certain contexts, they must be carefully implemented to ensure that they do not infringe on individual rights or compromise broader societal goals.