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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 where one country asks another to surrender a person accused or convicted of a crime. In the case of John and Sue, extradition would allow Australia to request their return from the country they are in to face drug charges. Extradition serves a crucial role in international crime prevention by ensuring that individuals cannot evade justice by fleeing to another jurisdiction. It establishes a collaborative framework for law enforcement across borders, enabling coherent responses to transnational crime.
Step 2
John and Sue are charged with drug offences. Describe other types of crime.
Answer
Other types of crime can include but are not limited to:
- Theft: The unlawful taking of someone else's property.
- Assault: Causing physical harm or the threat of harm to another person.
- Fraud: Wrongfully deceiving someone for personal gain.
- Cybercrime: Crimes committed via the internet, including hacking and identity theft.
- Homicide: The unlawful killing of another person. Each type poses unique challenges for law enforcement and impacts communities differently.
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 John and Sue might face includes several key stages:
- Arrest: If apprehended overseas, local authorities would detain them under the issued warrants.
- Extradition Proceedings: The legal process to determine whether they can be returned to Australia for trial. This involves negotiations and may include hearings in the requesting country.
- Charges Filed: Once extradited, authorities will formally file charges against them in a local court.
- Pre-trial: This may involve bail hearings and preparation for a trial, including gathering of evidence.
- Trial: If the case goes to trial, both sides will present their evidence before a judge or jury.
- Sentencing: If found guilty, a sentence will be imposed which could include prison time, fines, or community service.
- Appeal: Post-conviction, John and Sue may have the right to appeal the decision, which would further extend the process.
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 attempts to balance the rights of victims, the accused, and the community through various legal protections. In the case of John and Sue, the rights of victims are emphasized through victim impact statements that can be considered during sentencing, ensuring their experiences are acknowledged. The accused, on the other hand, are guaranteed rights such as a fair trial and legal representation, which are fundamental tenets of justice systems. Additionally, community rights are addressed through laws that aim to deter crime and maintain public safety, such as mandatory sentences and community service requirements for certain offenses. This triad of rights aims to create a more equitable legal system that serves justice while considering all party interests.