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Jane has been charged with manslaughter - VCE - SSCE Legal Studies - Question 5 - 2012 - Paper 1
Question 5
Jane has been charged with manslaughter. She has decided to plead not guilty. a. Jane has been told that she will either be remanded or granted bail. Explain the di... show full transcript
Worked Solution & Example Answer:Jane has been charged with manslaughter - VCE - SSCE Legal Studies - Question 5 - 2012 - Paper 1
Step 1
Jane has been told that she will either be remanded or granted bail. Explain the difference between remand and bail.
Answer
Difference between Remand and Bail
Remand refers to the situation where an accused individual is kept in custody while awaiting trial. This means that Jane would stay in a detention facility until her court appearances. The main reasons for remanding someone include concerns about public safety, ensuring the accused attends their court hearings, or if there’s a risk of evidence being tampered with.
Bail, on the other hand, is an arrangement where a person is released from custody, typically after agreeing to pay a certain sum of money or meeting specific conditions. This allows Jane to remain in the community while awaiting trial, provided she complies with requirements, which may include regular check-ins with authorities or restrictions on travel. The essential difference lies in the level of freedom allowed: remand restricts the accused's liberty, while bail offers a conditional release.
Conclusion
In summary, remand keeps an individual in custody, whereas bail permits conditional freedom.
Step 2
If Jane is found guilty, identify one sanction that may be imposed and describe its purpose.
Answer
One possible sanction that may be imposed on Jane if found guilty is imprisonment.
Purpose of Imprisonment
Imprisonment serves several key purposes:
- Retribution: It provides a sense of justice for the victim and society by penalizing the offender for their crime.
- Deterrence: It aims to discourage both the offender and others from committing similar offenses in the future.
- Rehabilitation: While incarcerated, there may be opportunities for programs that help rehabilitate the offender, encouraging them to reintegrate positively into society upon release.
- Public safety: It removes the offender from the community, protecting the public from potential further harm.