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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
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Magistrates’ Court: This court handles less serious criminal cases such as minor assaults and petty theft. It functions as the initial court for most criminal matters.
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Crown Court: This court deals with serious criminal cases, including serious assaults, robbery, and murder. The Crown Court is where trials by jury take place.
Step 2
Identify TWO types of international crime, and provide an example of each type.
Answer
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Human Trafficking: This crime involves the illegal trade of humans for the purposes of forced labor or commercial sexual exploitation.
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Drug Trafficking: This involves the illegal trade of drugs across national borders, often involving organized crime networks.
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 plays a crucial role in ensuring that justice is served while also protecting the rights of the offender. Key aspects include:
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Purpose of Punishment: Sentencing aims to punish offenders, deter future crime, and rehabilitate individuals for reintegration into society.
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Objective Considerations: Courts must consider the severity of the offense and the harm caused to victims and the community.
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Subjective Considerations: The personal circumstances of the offender, such as prior conduct and potential for rehabilitation, should also influence sentencing decisions.
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Legislation and Guidelines: Judges often reference existing laws and legal precedents to maintain consistency and fairness in sentencing, ensuring that the balance between community safety and offender rights is respected.
Overall, the sentencing process must seek to uphold a just and equitable legal system that addresses the needs of both the community and the individual.
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
When evaluating the effectiveness of legal measures such as Anti-terror laws and Mandatory sentencing, several considerations emerge:
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Anti-terror Laws: These laws are designed to enhance national security and prevent acts of terrorism. They can be effective in providing law enforcement with necessary tools to combat terrorism, but they may infringe upon civil liberties, raising concerns about human rights abuses.
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Mandatory Sentencing: This measure aims to standardize punishments for specific crimes, providing clarity and predictability in sentencing. It can contribute to a sense of justice and deterrence; however, it may neglect the nuances of individual cases, potentially imposing disproportionately harsh sentences that do not reflect the offender's circumstances.
In conclusion, while these measures serve critical roles in the justice system, their effectiveness must be continually assessed to balance justice, safety, and individual rights. Different perspectives and data should be applied to evaluate the long-term impacts on both society and offenders.