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HSC LEGAL STUDIES Student lectures at Southern Cross University August 30 th , 2013 CRIME Presented by Keith Thomas On behalf of the Legal Studies Association of NSW

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Page 1: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

HSC LEGAL STUDIES

Student lectures at

Southern Cross University

August 30th, 2013

CRIME Presented by

Keith Thomas

On behalf of the

Legal Studies Association of NSW

Page 2: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

OVERVIEW

• The Principal focus

• Themes and Challenges

• Learn abouts

• Answering multiple choice questions

• Effectiveness

• Integrating learn tos, the principal focus, themes and

challenges, learn abouts, media, cases, legislation and the

question

• Writing a 600 word response (including notes from the Marking

Centre and candidate answers) – Crime Q;s, candidate A’s and

quotes

• Media

Page 3: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

THE PRINCIPAL FOCUS

Principal focus:

Through the use of a range of contemporary examples, students

investigate criminal law, processes and institutions and the

tension between community interests and individual rights and

freedoms.

Last year, the term ”TENSION” worried candidates in the Crime

600 word response. Candidates should have focused on the

criminal trial process and left the irrelevant (even though

accurate) information out of the response.

See: Making sense of the Principal Focus and Themes &

Challenges

Page 4: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

the role of discretion in the

criminal justice system issues of compliance and non-

compliance in regard to criminal law

the extent to which law reflects moral and ethical standards

Themes and challenges to be

incorporated throughout this topic!

Page 5: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

the role of law reform in the criminal justice system

the extent to which the law balances the rights of victims, offenders and society

the effectiveness of legal and non-legal measures in achieving justice.

See Making sense of the Principal Focus and Themes & Challenges

Themes and challenges to be

incorporated throughout this topic!

Page 6: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

The learn abouts! A quick content recap…

Page 7: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

An action or omission that causes or

may cause harm to persons, property or

the state.

Any action identified as criminal by statutes

such as the Crimes Act 1900, the Motor

Traffic Act, the Taxation Act, even the

Education Reform Act.

Focus Study: Crime

What is a crime?

Page 8: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ELEMENTS OF A CRIME

•Mens rea

•guilty mind

•I meant to do it

•Actus reus

• guilty act

I did it

•Causation I caused the crime, but for me no crime

would have occurred.

•The “but for” test

Page 9: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

•Offences against the

person •Economic offences

(property/white collar)

•Offences against the

Sovereign •Drug offences

•Public Order Offences •Driving offences

•Preliminary offences

Categories of Crime

(from the syllabus)

Crimes can also be divided into:

Serious (INDICTABLE OFFENCES)

and minor (SUMMARY OFFENCES)

Page 10: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

Categories of Crime

(from the syllabus)

% Crime reporting

(If a crime is not reported not much can be done

about it!):

• 95% motor vehicle theft }

• 75% break & enter } against property

• 50% robbery }

• 31% assault ]

• 20% sexual assault ] against the person

Page 11: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

STRICT LIABILITY OFFENCES

•Some crimes are strict liability offences, there is no

notion of mens rea, if a person commits the act they

will probably be found guilty, many traffic offences are

of this nature, and involve a reverse burden of proof.

•An individual is presumed guilty through the act, and

the person involved needs to convince the court they

are not guilty, or have sufficient reason for the court to

not convict.

Page 12: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

PARTIES TO A CRIME WHO DID WHAT

principal in first degree (actual perpetrator),

principal in the second degree (person who

was present, assisting)

accessory before the fact (person who helped to

plan)

accessory after the fact (person who, knowing

about the crime, helped the offender afterwards

Page 13: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

FACTORS AFFECTING CRIMINAL BEHAVIOUR

Why do people commit crimes?

• Economic factors: poverty, greed,

• Genetic theories

• Impairment of reason

• Self defence

• Accident

• Political reasons

Page 14: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

CRIME PREVENTION

Situational Crime Prevention: what does this term mean,

examples of situational crime prevention, how effective

are these measures

Situational crime prevention

More difficult

Increase risk

Decrease rewards

Page 15: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

CRIME PREVENTION

Social Crime Prevention: what does this term mean,

examples of social crime prevention, how effective are these

measures

Education comes in here, as does social change to remedy

social disadvantages that often lead to crime. NB our system

tends to address the results or symptoms rather than the

causes.

Social crime prevention more desirable but difficult to achieve

Eg: Youth on track program 2013, Life on track program 2013

Page 16: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

THE CRIMINAL INVESTIGATION

PROCESS A SERIES OF STEPS

Beginning Commission refer to why people commit crimes Reporting if a crime isn’t reported does it occur? Investigation Are all reported crimes investigated? Why not? search and seizure, technology, warrants charging suspect bail/remand presumption for and against bail detention and rights of suspects what rights? Don’t forget victims and society have rights too, a balance must be struck.

DISCRETION plays an important role in the process

Page 17: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

CRIMINAL TRIAL PROCESS

Legal Personnel

Prosecution and defence

Witnesses

Judges & magistrates

Director of Public Prosecutions and the Crown

Burden and Standard of proof in a criminal trial

Pleas and charge negotiation

Legal representation and Legal Aid

Juries and verdicts / majority verdicts juries?

Page 18: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

DEFENCES

Common law importance

R v SAM (2008) Parents didn’t intend to kill their daughter, but

failed to seek medical treatment.

R v SW (2009) Ebony case – Successful appeal to minimum

30 yr custodial sentence (on the basis that it wasn’t in the

“worst” crime category).

Page 19: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

DEFENCES

Complete defences:

Which means the accused will not be convicted of a

crime.

Mental illness Necessity Duress Self Defence

Partial defences:

Reduce the charge from murder to manslaughter

Provocation

Substantial impairment of abnormality of the mind

These defences are subject to considerable debate!

Page 20: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

CRIMINAL TRIAL PROCESS

The more serious the charge the more complex and detailed the legal arguments will be.

Legal representation is not guaranteed in Australia,

unlike the USA where it is enshrined in the Bill of Rights (Charter of Rights)

However, our High Court in the Dietrich case implied

the right to representation when it stated that a person who was not represented might not receive a fair trial, an historical right that all are entitled to.

Page 21: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

SENTENCING AND PUNISHMENT

How and why does society punish those found guilty of convicting crimes?

WHY? Purposes of punishment: deterrence (specific and

general), retribution, incapacitation, rehabilitation) Where do our (society’s) priorities lie? HOW? Statutory and judicial guidelines Factors affecting sentencing, mitigation and

aggravation Alternative methods of sentencing – circle sentencing

restorative justice The push for alternatives

Page 22: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

SENTENCING AND PUNISHMENT

A hierarchical system of penalties: Fines, bonds, probation, community service, home

detention, periodic detention, incarceration. Post sentencing considerations Effectiveness vs cost and ease of implementation 50k for an adult, over 250k for a juvenile p.a. Where does justice come into it? Justice, for whom?

Page 23: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

YOUNG OFFENDERS

Issues around age of criminal responsibility

and young offenders (doli incapax).

Children’s courts and the treatment of young

offenders

Effectiveness of the criminal justice system in

achieving justice for young offenders

Push to lower the age of criminal

responsibility

Increasing involvement of young people with

the Criminal Justice System

Increased numbers of young people in detention

Page 24: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTERNATIONAL LAW

Categories

* Crimes against the international community

* Transnational crime

Balanced evaluation is required.

Ineffective But…

Expensive

Cumbersome

Difficult

Lack of co-operation

between nations

190 individuals

have been charged

Page 25: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTERNATIONAL LAW

Quiz Question!!!

What comes under the jurisdiction of the International

Criminal Court? (2012 HSC Q)

(A) War crimes

(B) Cyber-terrorism

(C) Drug trafficking

(D) People smuggling

Page 26: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Page 27: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Is the Criminal Law effective? Does it work?

YES SOMETIMES NO

How could the legal system work better?

In evaluating the effectiveness of the Criminal Law candidates need some Criteria:-

resource efficiency

accessibility

enforceability

responsiveness

protection of individual rights

meeting society’s needs

application of the rule of law

has justice been achieved?

(from page 17 of the Legal Studies syllabus [Preliminary Course])

Page 28: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Or at least a point-of-reference for:

Comparison:-

numbers in gaol

apprehension and conviction rates

commission rates (BoCSAR)

what the newspapers report, esp. sexual assault

Law reform perception – “Society is riddled with crime – murderers, rapists, etc…” Shock Jocks and the Daily Telegraph will often paint this picture and drive “bad” law reform instead of necessary law reform.

Page 29: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Effectiveness is in each of the

“Learn To” statements

To say that this is important is an understatement,

candidates sometimes spend all their time

studying/remembering cases, statutes and media

reports without being able to clearly evaluate the

effectiveness of the criminal law. This will mean

they cannot access the higher marks / bands.

This can be seen in the marking guidelines the

markers use. They are on the BOS website!!!!

Page 30: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

It is very difficult to evaluate the legal system if you are not up-to-date / contemporary. This is why media is so vital!

Eg:

R v Perry (2011) Intensive Correction Orders (ICO)

ICOs have replaced periodic detention. ICOs and suspended sentences keep people out of prison. Specific deterrence – if conditions breached prison is the next stop!

New Bail Act from May 2014:

Presumptions for and against bail, eg: juveniles

Defence – no presumptions at all

The only ground for bail refusal is the person poses an unacceptable risk.

Automatic bail for summary offences. 18 year olds get a second chance at bail.

Page 31: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

It is very difficult to evaluate the legal system if

you are not up-to-date / contemporary. This is

why media is so vital!

Eg (continued…):

Youth Drug Court (NSW) – axed!

Specialist courts for sexual assault (WA starting

one) and Domestic Violence Court muted.

Charge negotiation (NOT plea bargaining)

Criminal Case Conferencing Trial Act 2008 –

codified discounts for guilty pleas at 25%.

Page 32: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

It is very difficult to evaluate the legal system if you are not up-to-date / contemporary. This is why media is so vital!

Eg (continued…):

Legal Aid

NO merit test for criminal matters

Has been cut in Victoria, could be in NSW

Defences - March 2013 “evidence of silence legislation”:

Mandatory for both sides to outline key aspects of their case before trial

Stops offenders putting up last minute defences

Judge may indicate to jury to draw an unfavourable inference if an accused originally refuses to speak to police but rely on fact later in the trial which could have been mentioned earlier

Page 33: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

It is very difficult to evaluate the legal system if you are not up-to-date / contemporary. This is why media is so vital!

Eg (continued…):

Victims

Victim’s Compensation Fund replaces the old Victim’s Support Scheme. Four pillars:

Counselling

Immediate medical, relocation or funeral assistance

Loss of earnings financial assistance

Violence / trauma recognition payment

A Commissioner of Victim’s Rights appointed in July 2013.

No need for victims to have legal representation, thus saving $17m

Page 34: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

It is very difficult to evaluate the legal system if you are not up-to-date / contemporary. This is why media is so vital!

Eg (continued…):

Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012

Amends the Extradition Act 1988 and Mutual Assistance in Criminal Matters Act 1987 to limit the jurisdiction to review extradition decisions to the Federal Court of Australia; enable a person to waive the extradition process in certain circumstances; provide that Australia may refuse extradition when a person may be punished, or discriminated against, upon surrender on the basis of their sex or sexual orientation.

Page 35: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

It is very difficult to evaluate the legal system if you are not up-to-date / contemporary. This is why media is so vital!

Eg (continued…):

Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013

Amended the Criminal Code Act 1995 to remedy several legislative omissions under the current Australian legislative framework for combating people trafficking, slavery and sexual servitude, forced marriage. Includes penalties for debt bondage offences.

Page 36: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Comments from Steve Freeland on the ICC:

So much money has been spent and civil society expects

results

Criminal Court preamble: Determination to end impunity!

No one will get away with anything…an unrealistic aim.

Sudan (won’t allow officials in) and DRCongo (war zones

and limited transport)– how do we gain evidence?

Based in the Hague – a long way away, logistical issues

Because of the resource implications, governments and

NGOs (lobby groups with own agendas) involved…the

integrity of the evidence is an issue?

Page 37: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Comments from Steve Freeland on the ICC:

Judge’s job – apply the law based on jurisprudence

and own respective statutes; Prosecutors –

independent, no pressure

ICT treaty-based; 18 judges from 18 jurisdictions from

around the world.

ALL trained in particular ways, with different

backgrounds and different views on how the

process is to work!!!

Page 38: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Comments from Steve Freeland on the ICC:

What is trying to be achieved?

Goal?

Macro and micro level (guilt and innocence in a court of justice)

The truth?

Milosevic death, Gaddafi, Bin Laden – people have missed opportunities to find out what happened.

Truth is not part of the mandate of the ICTY, but it is for the ICC!

ICC - common law system colleagues are often criticised by civil law system judges of not wanting to find the truth…an amalgam of common law and civil law system aspects/factors

Plea bargaining not known in civil law systems

Page 39: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Comments from Steve Freeland on the ICC:

“White-man’s court”

All of the current ICC situations are African-based, many of which have been bought by the country itself.

ICTY winding down.

Complimentarity – even if the court has jurisdiction, the case is NOT admissible to ICC if there is a state that has jurisdiction can genuinely and able to run the trial. The saviour of international justice.

Since 2002 there has been a crime of ‘genocide’ in Australia. If an Australian soldier went mad and killed a lot of people, he/she could be tried in Aust., saving Aust. the embarrassment.

Page 40: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

EFFECTIVENESS

Comments from Steve Freeland on the ICC:

Kenya – did not want investigation, prosecution went ahead. Kenya challenge prosecution on complimentarity. The court found not to be willing. States, instead of taking responsibility, may continue to do nothing.

Libya – warrants issued. Libya saying we will deal with them. ICC people detained. Melinda Taylor. What could be done?

Lubanga proceedings (6 yrs) – twice the trial chamber ordered for the case to be halted. The prosecutor failed to fulfil his duties. The common law judge, big on rights of accused, ordered for Lubanga to be released. Appealed by prosecutor. Sentenced to 14 yrs.

Charles Taylor. Tried in Special Court for Sierra Leone in the Hague. Three judges. 50 years imprisonment for conspiracy issues. Reserve judge, unlike in Milosevic trial where a judge died. The reserve judge from Senegal said he wanted to speak, even though he wasn’t called to. He claimed it was a political process and the wrong verdict. Appeal – Taylor’s legal team calling the reserve judge as a witness.

It’s a mess because it is new and complex and =difficult.

Page 41: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

Wayne

Gleeson –

Legal Studies

guru – has

undertaken an

analysis of the

M/C from last

year’s HSC.

We will look at

some of them.

Page 42: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

HSC 2012 CRIME MULTIPLE CHOICE QUESTIONS:

1 Who has the burden of proof in a criminal case?

(A) The jury

(B) The judge

(C) The defence

(D) The prosecution

Page 43: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

HSC 2012 CRIME MULTIPLE CHOICE QUESTIONS:

5 In a criminal trial, the role of a jury is to determine

whether

(A) a sentence is given.

(B) the standard of proof is met.

(C) legal representation is granted.

(D) evidence is admissible in court.

Page 44: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

HSC 2012 CRIME MULTIPLE CHOICE QUESTIONS:

25-year-old Jordan and 23-year-old Darcy stole cigarettes from a shop.

As they were leaving the shop, Jordan and Darcy forced 18-year-old

Ariel to hide the cigarettes under her shirt. They were then

apprehended by police, taken to the local police station and charged.

9 To what legal right are Jordan, Darcy and Ariel entitled

while being questioned at the police station?

(A) The right to remain silent

(B) The right to apply for bail

(C) The right to make a phone call

(D) The right to be questioned together

Page 45: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

HSC 2012 CRIME MULTIPLE CHOICE QUESTIONS:

Kim and Ashley, both 14 years of age, buy spray paint

cans from the local hardware store. While on the

train home they take the spray paint cans out of their

bags. They are spotted by two police officers who

approach and question them. They take the spray

paint cans from them. Kim and Ashley go

voluntarily with the officers to the police station.

Page 46: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

HSC 2012 CRIME MULTIPLE CHOICE QUESTIONS:

16 Which of the following actions by the police would

NOT be permitted by law?

(A) Approaching Kim and Ashley on the train

(B) Seizing the spray paint cans from Kim and Ashley

(C) Insisting Kim and Ashley go to the police station

(D) Asking Kim and Ashley a series of questions on the

train

Page 47: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

HSC 2012 CRIME MULTIPLE CHOICE QUESTIONS:

17 What is the first duty of the police once Kim and

Ashley arrive at the police station?

(A) To take a record of interview

(B) To photograph and fingerprint them

(C) To contact their parents or guardians

(D) To formally charge them with an offence

Page 48: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

ANSWERING MULTIPLE CHOICE QUESTIONS

If you would like to read the rest of Wayne’s

analysis, including the 5 Human Rights

questions from 2013, become a subscriber to

legal Studies Assist.

http://www.legalstudiesassist.com.au/

(Wayne is the treasurer of our LSA and has been

teaching LS since its inception, in which time

he has helped thousands of students, so I

don’t feel bad about giving his wonderful work

a plug!

Page 49: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

LEARN TOS

See HSC LEARN TO’s scaffold

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INTEGRATING LEARN TOS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

ABOUTS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

WRITING a 600 WORD

CRIME RESPONSE!

Page 51: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTEGRATING LEARN TOS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

ABOUTS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

CRIME QUESTION 1:

“Sentencing and punishment attempts to

balance the rights of victims, offenders

and society”.

Evaluate this statement.

Page 52: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTEGRATING LEARN TOS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

ABOUTS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

1:

“Evaluate the effectiveness of the law in attempting to

balance the rights of victims, offenders and society

regarding sentencing and punishment”.

Points for a good answer?!

Page 53: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTEGRATING LEARN TOS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

ABOUTS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

1:

“Evaluate the effectiveness of the law in attempting to

balance the rights of victims, offenders and society

regarding sentencing and punishment”.

Would you examine the criminal trial process in

answering this question?

Would investigating the crime be relevant here?

Could a candidate write about police discretion when

arresting, charging, bailing suspects?

Is it appropriate to consider a judge’s comments to

the jury and admissibility of evidence?

Page 54: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTEGRATING LEARN TOS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

ABOUTS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

CRIME QUESTION 2:

To what extent do domestic AND international criminal

justice systems achieve just and fair outcomes?

The question requires candidates to answer about BOTH

domestic (Australian) and international CJS.

The marking criteria allows for candidates who only cover

one of the two CJS to access up to 10-12 marks, but

no higher.

Page 55: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

INTEGRATING LEARN TOS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

ABOUTS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

CRIME QUESTION 2:

To what extent do domestic AND international criminal

justice systems achieve just and fair outcomes?

“To what extent…” means to evaluate. Evaluatedright from the start

in the introduction – that engages the marker immediately.

With evaluation, some sort of criteria is required. Resource

efficiency, enforceability, access, cost, time were commonly used

as criteria.

Judgements need to be supported with acts, cases, media,

statistics, quotes, etc.

Some consideration should be given to what is “fair” and what is

“just”.

Page 56: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

CRIME QUESTION 2:

To what extent do domestic AND international criminal

justice systems achieve just and fair outcomes?

Top category in the marking criteria:

Criteria Marks

Demonstrates extensive knowledge of the

operation of domestic AND international criminal

justice systems

Makes an informed judgement, based on criteria,

of the extent to which of domestic AND

international criminal justice systems achieve fair

and just outcomes

Integrates relevant examples such as legislation,

cases. Media, international instruments and

documents in the response

Presents a sustained, logical and cohesive

answer, suing relevant legal terminology and

concepts

13-15

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“Furthermore, the increasing use and advancement of

technology have assisted police in numerous ways

both in domestic and international crimes”.

“The issue of state sovereignty and lack of agreements

or treaties between certain nations hinders the

progress of the ‘soft law” nature of international laws

to be more effective and enforceable”.

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“The ICC has been hampered by state sovereignty”.

“Despite small achievements such as the breakthrough

trial of Congolese war criminal Thomas Lubanga Diyilo

at the ICC, it was characterised by very large

expenditure, lengthy delays and criticism of a lenient

sentence as Lubanga effectively only served 8 years

for heinous war crimes and the use of child soldiers”

“…since the scope of the conviction was so narrow, the

sense of justice was minimised”

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“The ICC is under international criticism for needing

nearly 6 years to make its first conviction”.

“Fair outcomes have been severely limited”.

“Regardless of the plethora of formal documents that

articulate laws created by international criminal

justice systems…”

“The ICC is limited to the 121 parties to the Rome

Statute, meaning they cannot charge offenders in

{non-signatory} countries”.

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“The effectiveness of the international system is

subjected to the cooperation between nations and

limited jurisdiction”.

“The effectiveness of international law is hinged upon

the cooperation and compliance of individual

countries”.

“The Australian domestic legal system is arguably to an

extent effective in achieving just outcomes. The

international CJS retains inherent a fundamental flaw

in dealing with international crime sand largely fails in

achieving just and fair outcomes”.

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“The ICJ’s fundamental need for cooperation from

individual states may severely hamper its

effectiveness through the principle of state

sovereignty”.

“The inability of police to easily and efficiently

communicate across transnational borders means

that domestic law enforcement is hindered by

international barriers and just and fair outcomes are

not always achieved”.

Page 62: HSC day: legal studies crime presentation · CRIME PREVENTION Social Crime Prevention: what does this term mean, examples of social crime prevention, how effective are these measures

CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“The ICJ’s fundamental need for cooperation from

individual states may severely hamper its

effectiveness through the principle of state

sovereignty”.

“The inability of police to easily and efficiently

communicate across transnational borders means

that domestic law enforcement is hindered by

international barriers and just and fair outcomes are

not always achieved”.

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“Thus, despite the ICC allowing for just and fair outcomes

in its cases, its each is impeded by state sovereignty, a

limitation highly present in the international CJS”.

“The growing prevalence of international crime has

increased the onus and focus on international

cooperation between domestic and international

criminal justice systems in order to achieve just and

fair outcomes”.

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“The ability of the international CJS to provide just and

fair outcomes is significantly hampered by the

complexity of international crime”.

“The international CJS is not entirely effective in

providing fair outcomes as its prosecuting power is

limited in regard to detection”.

“The ICC is a good initiative {but} increased costs and

time delays limit effective outcomes”.

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CRIME QUESTION 2:

Some evaluative comments written by students in their

trial HSC

“As an example of a domestic case in Australia that has

been able to achieve just and fair outcomes is R v SW

(2009) in which Ebony, a child, died from starvation”.

It wasn’t an example of justice and fairness as the

little girl died. The legal system, through the dept. of

Family & Community Services and the child Well Being

Unit and her extended family, should have protected

her.

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THEMES AND CHALLENGES TO BE INCORPORATED

THROUGHOUT THIS TOPIC:

• the role of law reform in the criminal justice system

• the extent to which the law balances the rights of victims, offenders and society

• the effectiveness of legal and non-legal measures in achieving justice.

For each Theme and Challenge try to outline a contemporary example that refers to the T & C and outline/explain how or why the example is appropriate.

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INTEGRATING LEARN ABOUTS, THE PRINCIPAL

FOCUS, THEMES AND CHALLENGES, LEARN

TOS, MEDIA, CASES, LEGISLATION AND THE

QUESTION

• This is done in the 13-15 mark range. These HSC

candidates have an ability to:

o RTBQ

o plan a response

o introduce

o cover learn abouts

o integrate LEARN TOs

o integrate media, legislation and cases

o evaluate

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o integrate the themes and challenges

o integrate the principal focus

o identify which parts of the question are form the LEARN TOs,

the themes and challenges and the principal focus

o refer back to the question

o write a sustained, logical, cohesive response

o ATBQ

And all within about 45 minutes!

The trick is not to include every piece of content known to man

and woman, rather to select relevant and varied pieces of

content (the learn abouts) and integrate other aspects of the

unit into the overall response!

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ISSUES

Remember the PRINCIPAL FOCUS, it mentions

reference to a range of CONTEMPORARY

EXAMPLES

These can be many issues, the critical thing is that you

carefully identify them and integrate them into your

responses according to the framework presented on

the syllabus.

Thomas Kelly’s death Kings Cross and subsequent law

reform

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MARKING CENTRE COMMENTS

General comments on the 2011 HSC Crime question

• Question 25 was taken from the Principal Focus and involved consideration of the tension between community interests and individual rights and freedoms within the criminal justice system. Candidates displayed an understanding of an overarching concept such as this tension and drew support for their explanations from all areas of the crime component of the syllabus.

• The exam specifications indicate that the expected length of response for this question should be around four examination writing booklet pages (approximately 600 words). Candidates were able to access full marks within this four-page length. Candidates who wrote long responses ran the risk of lacking focus and not presenting a sustained, logical and cohesive response as required by the rubric.

• Candidates are reminded that they should directly address the question asked. Some candidates presented a prepared response that often focused on the effectiveness of the criminal justice system without specifically dealing with the ‘tension’.

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MARKING CENTRE COMMENTS

Specific comments on the 2011 HSC Crime question

• Candidates approached the question in one of two ways. The more usual approach

was to draw out the tension by referring to a variety of criminal justice system areas, including sentencing, young offenders, the criminal investigation process, post-sentencing decisions and situational crime prevention. Less often, candidates would use just one or two areas and explore these in greater depth. Both of these approaches, when supported by reference to relevant legislation, cases and examples, allowed candidates to demonstrate sophisticated reasoning when engaging with the key concept of ‘tension’ between competing interests.

• In mid-range responses, candidates demonstrated an understanding of the concept of the tension involving community interests and individual rights and implied a tension between them in the criminal justice system. However, the lack of an argument to fully examine this tension with support from relevant examples restricted access to the higher mark range.

• In weaker responses, candidates did not engage with the concept of ‘tension’ and merely set out the interests of various participants in the criminal justice system in general terms. There was often a lack of reference to relevant supporting examples.

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MEDIA

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NSW man escapes custody from dock

12:07am August 25, 2013

Police are hunting a man who escaped custody during a court appearance in

northern NSW.

Michael Pitt, 33, jumped the dock and brushed past corrective services officers

after he was refused bail before Moree Local Court about 11.30am (AEST) on

Saturday.

He was appearing after being accused of breaching NSW Supreme Court bail

and other matters, police say.

Officials pursued Pitt on foot, with a female correctional officer sustaining minor

injuries in the chase.

However, Pitt was able to outrun them before catching a taxi to the vicinity of

Wilga Place, Moree. He hasn't been seen since.

Police say Pitt is known to frequent the Moree area, the Sydney suburbs of

Waterloo, Daceyville and Mt Druitt, and Lismore on the state's north coast.

He is described as Aboriginal/Torres Strait Islander in appearance, 170 to 175cm

tall and of medium build. He has a dark brown complexion, a black goatee and

moustache and acne scars on his face.

Members of the public are warned not to approach Pitt if they come into contact

with him.

SOURCE:

http://news.ninemsn.com.au/national/2013/08/25/00/10/nsw-man-escapes-

custody-from-dock

DOWNLOADED BY: K Thomas Sun August 25th 2013 @ 8am

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Although the Ombudsman, Bruce Barbour, did not

comment on the case of the Brazilian student Roberto

Laudisio Curti, who died in Sydney on March 18 after

police discharged their Tasers on him nine times, his

recommendations address contentious practices

raised in a coronial inquiry into his death.

http://www.smh.com.au/nsw/ombudsman-slams-

police-for-needless-use-of-tasers-20121023-

283kt.html