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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
- Crown Court: This court handles serious criminal cases such as murder, robbery, and rape, and is responsible for both the trial and sentencing phases.
- Magistrates' Court: This court deals with less serious offenses, commonly involving theft, public disorder, and minor assault cases.
Step 2
Identify TWO types of international crime, and provide an example of each type.
Answer
- Human Trafficking: This type of crime involves the illegal transportation of individuals, often for forced labor or sexual exploitation.
- Drug Trafficking: This includes the illegal trade of controlled substances and can involve large organized crime networks across international borders.
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 aims to achieve justice by considering both the community's safety and the offender's rights.
Key roles include:
- Public Safety: Sentencing must protect the community from further harm by appropriately punishing offenders.
- Retribution: This principle serves to provide a sense of justice for victims and society, enforcing a punishment that is proportionate to the crime.
- Rehabilitation: Offenders should have opportunities for reform, reducing recidivism and benefiting society.
- Deterrence: Effective sentencing can deter both the offender and the general public from committing crimes.
In balancing these interests, judges utilize guidelines and consider the offender’s background, the nature of the crime, and the impact on victims and the community.
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
Legal measures such as Anti-terror laws aim to enhance national security and prevent terrorist activities. However, they can sometimes infringe on individual rights, raising concerns about the balance between security and civil liberties.
Effective examples include mandatory sentencing for certain crimes, which can ensure consistency in punishment but may limit judicial discretion.
Moreover, Trial by media can skew public perception before a judicial process begins, leading to potential biases against the accused.
It’s essential to evaluate these legal frameworks critically: while they aim to protect society and punish crime, they must also uphold justice and human rights.