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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 is insanity, where a defendant can prove they were suffering from a mental disorder at the time of the crime, rendering them unable to understand the nature of their actions. A partial defence is diminished responsibility, which applies when the defendant, while not completely insane, is suffering from an abnormality of mental functioning that significantly impairs their ability to make rational decisions.
Step 2
Outline the criminal process from a crime being reported to a sentence being given.
Answer
The criminal process typically follows these stages:
- Reporting the Crime: Victims or witnesses report the crime to law enforcement.
- Investigation: Police investigate the crime, collecting evidence and interviewing witnesses.
- Arrest: If there is sufficient evidence, the police may arrest the suspect.
- Charging: The police or prosecutor file charges against the suspect, formally accusing them of a crime.
- Court Appearance: The defendant appears in court for an arraignment to hear the charges.
- Trial: If the case goes to trial, both sides present evidence and arguments, after which a verdict is delivered.
- Sentencing: If found guilty, the judge determines an appropriate sentence based on the severity of the crime.
Step 3
Discuss the need for discretion within the criminal justice system.
Answer
Discretion within the criminal justice system is essential for several reasons:
- Individual Circumstances: Judges and law enforcement officers may encounter unique situations that require tailored responses, ensuring justice is served fairly.
- Resource Management: Given limited resources, discretion allows authorities to prioritize serious cases and manage workloads effectively.
- Judicial Independence: Discretion helps maintain the integrity of the judicial system by allowing judges to make decisions based on case merits rather than rigid guidelines.
- Policy Considerations: Discretion enables officers to consider wider impacts, such as community relations and public safety, when deciding whether to prosecute.
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 varies across communities due to several factors:
- Socioeconomic Status: Individuals from lower socioeconomic backgrounds may express frustration with the legal system, seeing it as biased against them, leading to less commitment to following laws.
- Cultural Attitudes: Different cultural backgrounds can influence how community members perceive laws. For instance, some may view certain laws as unjust based on cultural practices.
- Education: A lack of understanding of the laws and their implications can impact commitment. Communities with higher educational levels may demonstrate greater compliance with laws.
- Trust in Authority: Communities with a strong distrust of law enforcement may be less likely to adhere to laws due to perceived unfair treatment or discrimination.
For example, communities that have experienced systemic racism might be less committed to laws viewed as instruments of oppression.