Michael is a 17-year-old on trial for murder - HSC - SSCE Legal Studies - Question 14 - 2023 - Paper 1
Question 14
Michael is a 17-year-old on trial for murder.
Which of the following is correct?
A. Michael's trial will be in the Supreme Court.
B. Michael's trial will be in fron... show full transcript
Worked Solution & Example Answer:Michael is a 17-year-old on trial for murder - HSC - SSCE Legal Studies - Question 14 - 2023 - Paper 1
Step 1
A. Michael's trial will be in the Supreme Court.
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Answer
This statement is incorrect. In most jurisdictions, a 17-year-old charged with murder would not be tried in the Supreme Court, as cases involving minors typically go to a juvenile court system, unless there are exceptional circumstances.
Step 2
B. Michael's trial will be in front of a magistrate.
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Answer
This statement is generally inaccurate. Murder trials are usually conducted in a higher court, not before a magistrate, which is typically reserved for lesser offenses or preliminary hearings.
Step 3
C. Michael cannot be held criminally responsible.
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This statement is also not entirely correct. While minors may have different standards for criminal responsibility, a 17-year-old can still be held criminally responsible in many jurisdictions, particularly for serious offenses like murder.
Step 4
D. Michael will be required to prove his innocence.
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Answer
This statement is correct in that the legal system operates under the principle of 'innocent until proven guilty.' However, the burden of proof typically lies with the prosecution, not the defendant.
