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John and Sue have criminal records in NSW for using and trafficking in drugs - HSC - SSCE Legal Studies - Question 17 - 2001 - Paper 1
Question 17
John and Sue have criminal records in NSW for using and trafficking in drugs. They decide to go overseas for a holiday. While they are overseas, the police in NSW ch... show full transcript
Worked Solution & Example Answer:John and Sue have criminal records in NSW for using and trafficking in drugs - HSC - SSCE Legal Studies - Question 17 - 2001 - Paper 1
Step 1
Using the example of John and Sue, define the meaning of extradition AND outline the role of extradition in dealing with international crime.
Answer
Extradition is the formal process by which one jurisdiction hands over an individual to another jurisdiction for criminal prosecution or to serve a sentence. In the case of John and Sue, their extradition from another country back to New South Wales would be initiated due to the outstanding warrants issued against them for drug offences. The role of extradition is crucial in international crime as it allows countries to cooperate in enforcing laws against criminals who may evade justice by fleeing to other nations. It upholds the legal principle that offenses should not go unpunished simply because the offender crossed borders.
Step 2
John and Sue are charged with drug offences. Describe other types of crime.
Answer
Other types of crime can include property crimes such as burglary and theft, violent crimes like assault and murder, white-collar crimes including fraud and embezzlement, and cybercrimes, which involve illegal activities conducted via the internet. Each type has different legal implications and consequences, reflecting the diverse nature of criminal offenses.
Step 3
Describe the criminal process that John and Sue might face from the time of their arrest until the matter is concluded.
Answer
Upon their arrest, John and Sue would first be taken into custody, where they would be informed of their rights and the charges against them. Following this, a preliminary hearing might occur to establish whether there is enough evidence to proceed with a trial. If sufficient evidence exists, the case would move to an arraignment where they would enter a plea. Depending on the plea and the case's circumstances, it may go to trial, where evidence will be presented, and witnesses will testify. After deliberation, the court will render a verdict. If found guilty, the sentencing phase will follow, and John and Sue will be informed of their rights to appeal the decision.
Step 4
Using the example of John and Sue, OR another example, explain how the law addresses issues concerning the rights of victims, the accused and the community in relation to crime.
Answer
The law seeks to balance the rights of victims, the accused, and the community by providing frameworks designed to protect and uphold justice for all parties. Victims have the right to be heard, to receive support, and to seek restitution for their losses. The accused, on the other hand, are entitled to a fair trial, legal representation, and the presumption of innocence until proven guilty. Additionally, the community's interest is represented through public safety measures and effective law enforcement practices. In the case of John and Sue, addressing these rights may involve victim impact statements during sentencing, ensuring legal advice and representation for John and Sue, and assessing the implications of their actions on the broader community in terms of drug-related crime.