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Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? A - HSC - SSCE Legal Studies - Question 18 - 2018 - Paper 1

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Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? A. The crimin... show full transcript

Worked Solution & Example Answer:Which of the following best describes the relationship between the criminal trial process in NSW and the Universal Declaration of Human Rights (UDHR)? A - HSC - SSCE Legal Studies - Question 18 - 2018 - Paper 1

Step 1

A. The criminal trial process is consistent with the principles of the UDHR.

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Answer

This option correctly identifies the relationship between the criminal trial process in NSW and the UDHR. The principles of the UDHR advocate for the protection of human rights and fair trial standards, which are reflected in the criminal procedures adopted in NSW.

Step 2

B. The criminal trial process is required by the Australian Government to comply with the UDHR.

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Answer

This statement is misleading as the UDHR sets general principles and is not a mandatory legal requirement for the Australian Government. While the government upholds these principles, they do not explicitly require all aspects of the criminal trial process.

Step 3

C. The UDHR is incorporated into the laws that determine the criminal trial process.

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While the UDHR influences legal principles, it is not directly incorporated into domestic laws. Instead, Australian legislation reflects the spirit of the UDHR through various human rights laws.

Step 4

D. The UDHR provides a remedy to a convicted person who considers their conviction unfair.

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Answer

The UDHR outlines general rights but does not provide specific legal remedies in judicial systems. Remedies for convicted persons are available through established legal mechanisms in Australia.

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