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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 legal process through which one country or state formally requests the surrender of an individual from another jurisdiction, often to face charges or serve a sentence. In the case of John and Sue, extradition would enable NSW authorities to reclaim them once they are apprehended in the foreign country. The role of extradition in dealing with international crime is crucial; it allows countries to cooperate in law enforcement efforts, ensuring that individuals who commit crimes in one jurisdiction cannot escape justice by fleeing to another. It also underscores the importance of international treaties and agreements in governing such procedures.
Step 2
John and Sue are charged with drug offences. Describe other types of crime.
Answer
Besides drug offences, there are several other types of crime, including:
- Violent Crimes: These include offenses such as assault, robbery, and homicide where physical harm is inflicted on victims.
- Property Crimes: Offenses like burglary, theft, and vandalism fall under this category, focusing primarily on the unlawful taking of or damage to someone else's property.
- White-collar Crimes: These are non-violent crimes, often committed for financial gain, such as fraud, embezzlement, or insider trading.
- Cyber Crimes: With the rise of technology, crimes such as hacking, identity theft, and cyberbullying have become increasingly prevalent.
Step 3
Describe the criminal process that John and Sue might face from the time of their arrest until the matter is concluded.
Answer
The criminal process that John and Sue might face begins with their arrest by law enforcement authorities in the foreign country based on the warrants issued by NSW police. After arrest, they would typically go through an initial hearing, where the charges are read, and they can enter a plea. This is followed by a bail hearing, where the court decides if they can be released before trial.
If bail is denied, they would await extradition proceedings. During this phase, the court will examine the evidence provided by NSW authorities and analyze whether the extradition request meets the legal standards.
Once extradited to NSW, John and Sue would enter the trial phase, where evidence is presented, and a verdict is determined. If found guilty, they may face sentencing, which could involve incarceration, fines, or rehabilitation programs.
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 addresses the rights of victims, the accused, and the community through several mechanisms. For victims like those of the drug trafficking crimes John and Sue are involved in, laws ensure their rights to be informed, to participate in proceedings, and to seek restitution. Furthermore, victim impact statements provide a platform for victims to express how the crime affected them.
As for the accused, John and Sue have the right to a fair trial, legal representation, and the presumption of innocence until proven guilty. These protections ensure that justice is served without prejudice.
Finally, from a community perspective, laws facilitate the establishment of programs aimed at crime prevention, rehabilitation of offenders, and education on the impacts of crime, thereby fostering a safer environment for all citizens.