economics and business educators nsw 2015 annual ... 201… · written and presented by joe alvaro...

of 39 Written and presented by Joe Alvaro at 2015 Economics and Business Educators NSW

Annual Conference – 15 May 2015

Economics and Business Educators NSW

2015 Annual Conference

Friday 15 May 2015 – Club Burwood RSL

Session 5

– 2014 Legal Studies HSC Examination Review

Presented by Joe Alvaro ( B.Ed.)

[email protected]

mailto:[email protected]



How popular was the NSW Board of Studies, Teaching and Educational Standards

Legal Studies course in 2014 ?

15 most popular subjects - 2014

1. English 70 289

2. Mathematics 58 184

3. Biology 17 397

4. Business Studies 16 316

5. PDHPE* 15 572

6. Studies of Religion 14 949

7. Ancient History 11 414

8. Chemistry 11 305

9. Modern History 10 492

10. Legal Studies 10 322

11. Physics 9739

12. Visual Arts 9480

13. Hospitality 8363

14. Community and Family Studies 7849

15. Senior Science 7072

*Personal Development, Health and Physical Education

Note: These subjects include Life Skills enrolments where appropriate.

In 2014 39% of students studying Legal Studies were males and 61% were females.

From: 2014 Board of Studies, Teaching and Educational Standards NSW Official Media Guide



Students need to know the format of the HSC Legal Studies examination

Students need to ask: When will I have to answer questions on a particular topic in the trial and HSC

examinations? One of the keys to success in any HSC subject is knowing the format of the HSC

examination which all students in NSW studying a particular subject will work with. As students study each topic they need to ask themselves, “what type of questions (multiple choice?, short answer responses?, extended responses?) will I have to answer for this topic and how many marks are they worth?”.

The format of the Legal Studies HSC examination is as follows. Time allowed: 3 hours plus 5 minutes reading time Re “reading time” - “ Highlighters may be used to highlight text ( but NOT during

reading time!)….” ( From: “ Advice for HSC students about examinations” by BOSTES NSW) Section I: Core – Crime and Human Rights * 15 multiple choice questions on Crime (15 marks) * 5 multiple choice questions on Human Rights (5 marks) Section II: Core – Crime and Human Rights * Short answer questions on Human Rights (15 marks) * One extended response on Crime (15 marks) * Expected length: around 4 pages of an examination writing booklet ( approximately 600 words) Section III: Options * One extended response on one option you have studied (25 marks) * One extended response on another option you have studied (25 marks) * Expected length: around 8 pages of an examination writing booklet ( approximately 1000 words)



So students will needs to practice: - Lots of multiple choice and extended response questions for the Crime topic. - Lots of multiple choice questions and short answer questions for the Human Rights topic. - Lots of extended response questions for the two options. Tell students to keep in mind that the trial HSC examination will follow the same format

as the HSC examination.

Teach students strategies to answer multiple choice questions

* Lock in 20 marks by the end of Section I of the examination by following these tips:

1. Will you do this section first? Or leave it until later? 2. Remember the topics that multiple choice questions are based on. Which section/s of the topic is the question based on? 3. Carefully read the stem of the question. Read it more than once if you need to.

Do not skim read it! 4. Read all the alternatives carefully. The answer is there, you just have to

choose the right one! 5. Usually there are two letters that are clearly wrong, one that is close to

being correct and one that is the most correct answer. Read ALL of the choices. 6. Eliminate obviously incorrect alternatives. 7. If it looks as though more than one answer is correct, you will have to choose

the most correct/the best answer. 8. Ask yourself why the letters you do not choose are not correct. 9. Do not change your answer just because several of the previous answers were of the same letter. There may well be three Ds in a row.

10. Some students rush the multiple choice questions in order to “buy time” for sections II and III. It is worth 20 marks, more than the Crime question in Section II! 11. Spend about a minute on each question. 12. If you cannot do a question. Move on and come back to it later. Do not waste time, there are 99 marks waiting for you! 13. “Guesstimate” if you cannot find the correct answer. Do not leave a question blank. You have a one in four chance of getting it right! 14. Check the question number and make sure you select the letter that corresponds to the right question.



15. Follow the instructions from the BOSTES NSW if you make a mistake and need to change an answer. 16. Develop a code that you could use later if there is time to check your answers: E.g. C= correct P = pretty sure this is correct ? = had to guess from a 50/50 choice * = total guess 17. Do a quick scan of your answer sheet when you have finished, making sure each question has been answered. Do not leave any out. You will not lose marks for incorrect answers.

Students need to answer many multiple choice questions – practice makes success!

Past BOSTES HSC examination papers: - Answers in the “Marking Guidelines” document. - Only past papers from 2011, 2012, 2013 and 2014 are based on the current syllabus.

EBE NSW Trial Legal Studies examinations - Make sure you have the 2011, 2012, 2013 and 2014 EBE NSW trial examinations. See EBE NSW website for more details.

Online multiple choice questions:

https://www.cambridge.edu.au/education/checkpoints/hsc/quiz_me/

- ATTENTION: The online BOSTES HSC Legal Studies past examination multiple choice questions are not based on the current syllabus.



BOSTES NSW announces changes to multiple choice sections of examinations

* From: BOSTES NSW website ( accessed on 12 May 2015)

Friday, 27 March 2015

Multiple-choice questions in HSC examinations

In order to have a more valid and consistent approach across the multiple-choice sections of

examinations, all examination committees have been asked to order the multiple-choice

questions according to the level of difficulty. Previously some examinations, like PDHPE and

some science examinations, were ordered according to HSC core modules.

This means in the majority of HSC examinations, multiple choice questions will be ordered

according to the level of difficulty, starting with easier questions and working up to more

challenging questions. There may be exceptions, for example when more than one question

relates to the same stimulus text.

For more information, contact: Helen Bristow

Manager, Examining and Testing

[email protected]

(02) 9367 8095

http://news.boardofstudies.nsw.edu.au/index.cfm/2015/3/27/Multiplechoice-questions-in-HSC-examinations




2014 BOSTES NSW HSC Legal Studies Examination - Multiple Choice Questions

RAP – 2014 HSC M.C. Q.16 * From the ICC website ( “Frequently asked questions”): What is the Rome Statute?

On 17 July 1998, a conference of 160 States established the first treaty-based permanent

international criminal court. The treaty adopted during that conference is known as the Rome

Statute of the International Criminal Court. Among other things, it sets out the crimes falling

within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States to

cooperate with the ICC. The countries which have accepted these rules are known as States

Parties and are represented in the Assembly of States Parties.

The Assembly of States Parties, which meets at least once a year, sets the general policies for

the administration of the Court and reviews its activities. During those meetings, the States

Parties review the activities of the working groups established by the States and any other

issues relevant to the ICC, discuss new projects and adopt the ICC’s annual budget.

How many countries have ratified the Rome Statute?

As of 1 April 2015, 123 countries are States Parties to the Rome Statute. Of these, 34 are from Africa, 19 from Asia-Pacific, 18 from Eastern Europe, 27 from Latin America and the Caribbean and 25 from Western European and North America.

How does the ICC differ from other courts?

The ICC is a permanent autonomous court, whereas the ad hoc tribunals for the former Yugoslavia and Rwanda, as well as other similar courts established within the framework of the United Nations to deal with specific situations only have a limited mandate and jurisdiction. The ICC, which tries individuals, is also different from the International Court of Justice, which is the principal judicial organ of the United Nations for the settlement of disputes between States. The ad hoc tribunal for the former Yugoslavia and the International Court of Justice also have their seats in The Hague.



Is the ICC an office or agency of the United Nations?

No. The ICC is an independent body whose mission is to try individuals for crimes within its jurisdiction without the need for a special mandate from the United Nations. On 4 October 2004, the ICC and the United Nations signed an agreement governing their institutional relationship.

Which crimes fall within the jurisdiction of the ICC?

The mandate of the Court is to try individuals rather than States, and to hold such persons accountable for the most serious crimes of concern to the international community as a whole, namely the crime of genocide, war crimes, crimes against humanity, and the crime of aggression, when the conditions for the exercise of the Court’s jurisdiction over the latter are fulfilled.

* 2013 BOSTES NSW Marking Guidelines – Legal Studies Examination:

For Question 23: “ How does the United Nations assist in protecting human rights?”

Answers could include: • Reference to the various organs of the UN and their role in protecting human rights, eg, General Assembly, Security Council, International Court of Justice, International Criminal Court RAP – 2014 HSC M.C. Q.17 New act: Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 Evaluate: A positive step for victims with family. However victims with no family ( e.g. homeless people or older single people) could end up with less rights in this area.



Can a Victim Impact Statement Affect the Outcome of my Case in Court? Posted October 29, 2014 by Ugur Nedim & filed under Criminal Law.

( accessed on 12 May 2015)

Sometimes during a serious criminal trial, the victim or their family members may want their

voice to be heard in the courtroom, and in some circumstances they will be given an

opportunity to do so.

This takes place after a person has been convicted but before the Magistrate or Judge has

determined the sentence.

This is known as a Victim Impact Statement (VIS).

The rules for VIS’s are set out in sections 26 to 30A of the Crimes (Sentencing Procedure)

Act 1999.

A VIS is a voluntary statement written by either by the victim themselves (primary victim) or

close family members (family victim).

Family members who are entitled to make a statement are:

Spouse

De facto partners

A person who was engaged to be married to the victim

Grandparent, parent, guardian or step-parent

Child, grandchild, stepchild or child for whom the victim was the guardian

Siblings (including half-sibling and step-siblings)

A VIS cannot be handed up to the court if the victim objects to it.

It must be made in writing but can also include photos, drawings or other images.

If the court receives the victim impact statement, and it is in the proper form, the victim can

read out all or part of it.

When can a VIS be made?

Not every victim of a crime is entitled to make a VIS.

They are only allowed for certain types of offences including murder, assaults that involve

actual physical bodily harm, or actual or threatened violence, and prescribed sexual offences.

A VIS can also be made if the offence is one that carries a higher penalty if it causes the

death of a person.

http://nswcourts.com.au/articles/author/ugurnedim/

http://nswcourts.com.au/articles/category/criminal-law/



In some circumstances, the court has discretion on whether or not it is appropriate to hear a

victim impact statement, but if the victim has died as a result of the crime, the court must

receive the statement of a family victim and acknowledge it’s receipt.

If a victim plans to write a statement, the court can make a copy available to the defendant,

but the defendant will not be allowed to keep a copy.

Statements can only be made in circumstances where a defendant is found guilty or pleads

guilty.

What affect could a VIS have on the case?

Since a VIS is given after a finding of guilt, it cannot affect whether or not the court finds a

defendant guilty or not.

But it can affect the penalty that is given.

The impact of the offence on the victim and their family is a relevant consideration when

determining the appropriate penalty.

The harm done to the community is also one of the key principles of sentencing, according

to s 3A of the Crimes (Sentencing Procedure) Act.

However the attitude of the victim or their family in terms of forgiveness or a desire for

retribution cannot be taken into effect.

In other words, the harm caused can be considered, but their attitude either towards leniency

and forgiveness or revenge cannot be taken into account.

Recent changes to the law

Changes in the laws earlier this year extended the categories of offences where a VIS can be

made.

The changes followed of the tragic death of Thomas Kelly.

During sentencing, the judge could not take into account the VIS made by Kelly’s parents

when sentencing the offender, Kieran Loveridge.

Kelly’s parents were devastated.

Victim impact statements can be seen as controversial, as they could be construed as

promoting harsher punishments against defendants who murder people who have a family

member willing to make a statement, as opposed to victims that do not.

This is contrary to the principle that all victims should be treated equally and that it is unfair

to assess penalties based upon whether someone’s loved one speaks up for them, or indeed

whether a surviving victim speaks up themselves.

The legislation specifically states the fact that a VIS is not made does not mean that the crime

caused little or no harm to the victim or their family.

http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s3a.html

http://www.smh.com.au/nsw/nsw-cabinet-backs-laws-to-allow-family-of-homicide-victims-to-have-say-in-killers-sentencing-20140313-34p3w.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s29.html



If you are concerned about the impact that a VIS could have on your criminal case, speak to

an experienced criminal lawyer.

* From: nswcourts.com.au/.../can-a-victim-impact-statement-affect-the-outcome-...

( accessed on 12 May 2015)

RAP – 2014 HSC M.C. Q.10

* From: Legal Aid NSW website ( accessed on 12 May 2015)

High Court

of Australia-

final court of appeal

Supreme Court of Criminal Appeal-hears

appeals from the Supreme Court

The Supreme Court - serious indictable offences, heard by judge and jury,

appellate jurisdiction

The District Court - indictable offences (except murder, treason, serious sexual assault,piracy and

kidnapping), generally heard by judge and jury,appellate jurisdiction

The Local Court - summary hearings and committal hearings, no juries, no appellate jurisdiction, today around 98% of all criminal

cases are finalised in local courts.

http://nswcourts.com.au/lawyers



Are you facing a committal?

What is a committal?

If you are facing a committal, you have been charged with a serious offence, which is unlikely to be finalised in the Local

Court. A committal is a hearing in the Local Court before the charge is heard in the District Court or Supreme Court.

In the committal hearing a Magistrate decides whether the prosecution has enough evidence for your case to be committed

for trial, or sentence. If there is enough evidence and the case is serious enough, your case will be decided by a Judge and a

jury in the District or Supreme Court.

You do not have to enter a plea at the committal. However, if you plead guilty your matter will be committed for sentence

unless the prosecution decides that it can stay in the Local Court. If you plead not guilty or enter no plea your matter will be

committed for trial.

If you have been granted legal aid for your committal, it is a condition of the grant of legal aid that your legal representative

attends a case conference. A case conference will give your representative and the prosecution the opportunity to work out

whether your case will proceed to a trial or become a sentence. The case conference will only be carried out when your

solicitor has taken instructions from you. Your case will only be committed for sentence if you decide to plead guilty. If you

plead not guilty or enter no plea when you appear at a trial in the District Court or Supreme Court, a jury will decide whether

or not you are guilty.

If you are in doubt about the procedure, you should seek more advice from a solicitor

Is legal aid available for committals?

Yes. However, there are a number of conditions which apply to eligibility for legal aid. If you wish to apply for legal aid for

a committal, you should lodge an application at the Legal Aid office nearest to you. Legal aid for committals is subject to a

means test. You may be required to pay a contribution. There are also limits on the extent of legal aid for committals.

If your matter is not one for which legal aid is available, you can instruct and pay for a solicitor or barrister to appear for

you. Otherwise you will have to represent yourself.

Committal proceedings can be difficult to conduct if you have no legal training. It is unwise to attempt to represent yourself

unless you are well prepared and have had legal advice.

What happens at a committal hearing?

You will be given a brief (a copy of the statements of the prosecution’s witnesses) before the committal hearing. The

Magistrate will set a date by which you must:

be given the brief; and

tell the prosecution whether you want any of their witnesses to give oral evidence at the committal and be available for

questioning by you or your representative. You do not have an automatic right to require prosecution witnesses to

attend court and give oral evidence, and/or be available for cross-examination.

If you want the witnesses to give oral evidence then you will need to apply to the court for them to attend the committal

hearing. You or your representative will then be able to cross-examine them.



Depending on the offence you are charged with and the evidence to be given by the witness, you will need to convince the

Magistrate that there are either substantial reasons or special reasons why the witness should be required to give oral

evidence. No witnesses can be called to give oral evidence and be cross-examined unless the Magistrate is of the opinion that

there are substantial reasons why, in the interests of justice, that witness should give oral evidence.

If the offence involves violence, the alleged victim cannot be called to give oral evidence or be cross-examined unless the

Magistrate thinks that there are special reasons why, in the interest of justice, the alleged victim should give oral evidence.

The magistrate can also impose limits on the extent of the cross-examination of these witnesses. Otherwise the

committal hearing will be dealt with as a paper committal.

The restrictions on permitting witnesses to give oral evidence mean that many committals are paper committals. In a paper

committal, the prosecutor will give the Magistrate the brief of evidence to read.

The Magistrate then has to decide whether there is enough evidence to commit you for trial (if you have pleaded not guilty

or not entered a plea) or for sentence (if you have pleaded guilty). If you do not wish to enter any plea at the Local Court and

want the case to be finalised in the District Court or the Supreme Court, you may also waive your committal hearing (that is,

give up your rights to a committal hearing) and be committed.

If you do this, your case will go to the higher court without any consideration by the Magistrate and without the making of

any applications to ask witnesses questions. You should seek advice from a solicitor before you waive your committal

hearing.

If your matter is being heard at the Sydney District Court there are special rules relating to the discount you can receive for

pleading guilty depending on the time that you enter your plea. You should speak to your solicitor about whether your matter

is affected by these rules. If your matter is being heard in another Court you still need to speak to your solicitor about

whether the matter you are charged with has a standard non parole period and the discount a plea of guilty can attract if it is

entered before your matter is committed to the District Court.

How does the Magistrate decide?

The Magistrate must decide if there is a reasonable possibility that a jury would convict you. If the Magistrate decides that a

jury would not convict you, you will be discharged. The outcome of many committal proceedings is that the Magistrate

commits the matter for trial. If the Magistrate makes the decision to commit the matter for trial, you will be asked whether

you want to say anything or call any evidence.

The Magistrate also gives a warning that, “Anything you say will be taken down and may be used against you.” It is

important to pay attention to this warning. Usually, there is no advantage in saying anything to the Magistrate or in calling

evidence. You can simply reply “I do not wish to say anything”.

It would be unwise to say anything or to call evidence without being legally represented or advised. The Magistrate will tell

you which District or Supreme Court you must appear in next and set a date.

What should you do after a committal?

If you have legal aid for your committal, then the grant of aid will extend to your appearance in the District or Supreme

Court.



If you do not have legal aid for your committal, and if you want legal aid for your appearance in the District or Supreme

Court, send an application immediately after your committal to:

Records, Grants Division, Legal Aid NSW

PO Box K847 Haymarket NSW 1238

Tel: 9219 5880

RAP – 2014 HSC M.C. Q.12

A defendent has a right to a fair trial ( R v. Dietrich) but not a lawyer ( R v. McInnes).

Rights from the Constitution of the Commonwealth of Australia

s. 80 The right to trial by jury (for serious federal offences). s. 116 Freedom of religion s. 75(v) The right to court review of government decisions s. 117 No discrimination based on your State of residence. s. 51(xxxi) The right to acquisition of property on just terms. This generally requires compensation to be paid at market value. s. 24 Members of the House of Representatives must be directly chosen by the people, that is, by democratic election. s.7 Senators for each State must be directly chosen by the people of the State.

RAP – 2014 HSC M.C. Q.18 Age of criminal responsibility - Under 10 years old The criminal justice system (CJS) expects children to follow the same laws as adults, but

treats them differently when they do not follow the law.



- Kiss/Tick – Having a criminal record can cause a lot of problems

when children begin adulthood so the CJS tries to avoid children gaining this type of record by being more lenient than it is with adults. It recognizes the importance of children making a fresh start when they turn 18 years of age. Children are our future. Doli incapax – Children (Criminal Procceedings) Act 1987 (NSW) states that a child under 10 years of age cannot be charged with a criminal offence as they are too young to form criminal intent (mens rea). Doli incapax is a Latin term meaning “incapable of wrong”. - Between the ages of 10 and 14 Between the ages of 10 and 14 – still too young to form criminal intent, but this can be challenged if it can be proven that the child understood that what they were doing was wrong. - Kiss/Tick – Justice can be achieved for victims and society when children of this age know what they are doing is wrong. They may not be able to hide behind their age. These children may be a danger to society. - Punch/Cross – Not easy to secure a conviction ( it is not enough to say the child considered what they were doing was naughty).

2014 BOSTES NSW HSC Legal Studies Examination - Short answer Questions

General points

1. Students need to study “Human Rights” for this section. For each question, they should make links to the relevant section/s in the Human Rights topic in the syllabus. 2. 15 marks are available. Each question will be worth between 1 – 8 marks. 3. The questions may be in parts. 4. There will 3-4 questions in total.



5. Pay attention to how many marks each question is worth. 6. If students have more to write and they run out of lines, and they feel

they have not yet fully answered the question, they can ask for more paper or use the space below the lines. Students should not stop writing just because they have reached the end of the lines. Some students have large handwriting! 7. Students need to answer the set question not a question they wish was there! They should be reading the question many times while they are writing their answer. It can help to underline important words. 8. Students should not waste time repeating the question. 9. Students to write neatly. Each letter of the English alphabet should be written correctly. Tell students that if markers cannot read their writing they may miss out on marks! 10. Students need to be careful with spelling, grammar and punctuation. Students will not lose marks in this area, but all these factors affect a student’s communication skills and the clarity of their response. - E.g. – There is no such word as “legislations”. The plural form remains “legislation”. To indicate a plural, refer to “pieces of legislation” ( or acts or statutes). Bit like the word cake. - When referring to acts in general, use a small letter. When you have identified a specific piece of legislation use a capital letter (e.g. “The Crimes Act…..”). 2014 HSC short answer questions 1. Answer to the verb/directive term in the question. - E.g. Identify TWO formal human rights documents. (2 marks) Students who outline or explain, for example, will not gain extra marks. The verbs/directive terms for the short answer questions in 2014 were: - “ Outline…” - “ How…” - “ Compare” How does BOSTES NSW define these verbs in their “A Glossary of Key Verbs”?

Outline

Sketch in general terms; indicate the main features of



Compare

Show how things are similar or different

How

It is important to note that examination questions for the HSC will continue to use

self-explanatory terms such as 'how', or 'why' or 'to what extent'. While key words have a purpose, they will not set limits on legitimate subject-based questions in examination papers.

( From: BOSTES NSW “ A Glossary of Key Words”)

RAP – 2014 HSC S.A. Q.21

* Mean = 2.41/3 Students need to know and understand specific international human rights documents. They must at least know the three specified in the Human Rights topic: - Universal Declaration of Human Rights - International Covenant on Civil and Political Rights - International Covenant on Economic, Social and Cultural Rights ( Together the UDHR, ICCPR and the ICESCR are known as the International Bill of Rights).

Video resource: “ The Covenants” ( Approx. 3 mins.)

www.youtube.com/watch?v=O8kP3pr6XPU

Students could get specific questions on these documents as they are listed by name in the syllabus.



* Why are these formal statements of human rights important? 1. Because of the rights they contain. 2.They can be used as a set of criteria to measure the progress of a country’s development, allowing us to ask the following questions: - Is there the right of free expression of opinion and of criticism of the government? - Have the people the right to remove a government of which they disapprove? - Are the law courts free from threats of violence and able to give verdicts based on justice (fairness, equality and access)? - How do the poor get treated? - Are there opportunities for people to improve their standard of living by honest hard work? 3. They are considered to be highly influential, and may affect domestic laws with regards to human rights. 4. They carry moral force. 5. They raise the international profile of the issues raised. 6. They act as educational tools.

RAP – 2014 HSC S.A. Q.22 * Mean = 2.74/5

This question was based on the Human Rights syllabus dot point: - “the Constitution, including division of powers and separation of powers”

Rights from the Constitution of the Commonwealth of Australia

s. 80 The right to trial by jury (for serious federal offences). s. 116 Freedom of religion s. 75(v) The right to court review of government decisions s. 117 No discrimination based on your State of residence. s. 51(xxxi) The right to acquisition of property on just terms. This generally requires compensation to be paid at market value. s. 24 Members of the House of Representatives must be directly chosen by the people, that is, by democratic election. s.7 Senators for each State must be directly chosen by the people of the State.

Evaluate: There are not many human rights listed in the Australian Constitution.



Constitution – Division of powers - Division of powers – some law making powers with regards to human rights are possessed by the Federal Parliament (exclusive powers – e.g. immigration, raise military forces), some are possessed by State Parliaments (residual powers – e.g. electricity, prisons). Some law making powers are shared between the Federal Parliament and State Parliaments. (concurrent powers – e.g. health, schools). - The Commonwealth or Federal Government bears the main responsibility for protecting and promoting human rights in Australia.

- Section 51 of the Australian Constitution gives the Federal Government an “external affairs” power – the power to enter into treaties on behalf of Australia, and to pass domestic legislation to implement these obligations. - But to fully implement the provisions of an international treaty it is sometimes necessary to enact or amend laws in areas that are traditionally State or Territory jurisdiction. - All levels of government in Australia have to play a role in protecting human rights but it will always be the Federal Government that is ultimately accountable to the international community. - Conflicts may arise between Federal and State/Territory governments. - If there is a conflict of interest between the states and the Federal Government, or if there is an inconsistency in these laws, the federal laws prevail over state law ( section 109 of the Australian Constitution).

- Some examples of human rights treaties that have been specifically incorporated into domestic Australian law are:

International treaty Domestic legislation

International Convention on the Elimination of All Forms of Racial Discrimination

Racial Discrimination Act 1975 (Cth)

Convention on the Elimination of All Forms of Discrimination Against Women

Sex Discrimination Act 1984 (Cth)

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Crimes (Torture) Act 1988 (Cth)



Constitution – Separation of powers

- This doctrine separates the power of the state into three arms: - the legislature (parliament, which makes the law) - the executive (which enforces the law, e.g. the Minister of Police in NSW who with his department enforces the criminal laws) - the judiciary (courts, who interpret the law)

- Separating power in this way helps with human rights compliance. By having the above functions carried by people separate from each other (independent), they each act as checks and balances on each other.

- Examples of checks and balances: - The legislature can remove judges for misconduct. - The judiciary can declare legislation unconstitutional and invalid. - The executive appoints justices of the High Court. - The judiciary can declare actions of the executive unlawful. - The legislature can question the actions of the executive in parliament. - The Governor General (part of the executive) can dissolve the legislature or refuse to give assent to bills. - The executive accuses a person of committing a crime, but it will be the judiciary who will decide if the accused is guilty or not ( thus protecting the person’s right to a fair trial). - “Power tends to corrupt and absolute power corrupts absolutely” Lord Acton, 1887

RAP – 2014 HSC S.A. Q.23 * Mean = 4/7 This question required students to look at how international courts protect human rights and how domestic courts protect human rights.

Domestic courts - Human rights are recognized under Australian law through common law (judge made law). - Through rulings on cases judges can protect or restrict human rights. - Common law rights include: - the right to be presumed innocent until proven guilty - the right to a fair trial - the right to silence - the right to appeal.



- Examples of common law decisions that have affected human rights in Australia include: - Mabo and Others vs. State of Qld. (1992) which overturned the longstanding doctrine of terra nullius. This ruling upheld collective rights. - McInnis vs. The Queen (1979) – the defendant’s barrister withdrew the day before the trial was to start through no fault of the defendant. The trial judge ordered that the trial proceed, with the defendant defending himself against the charge of rape. He was convicted. His appeal to the High Court was dismissed. This case determined that there is no right to legal representation despite there being a far better chance of acquittal with legal representation. This ruling restricted human rights. - Dietrich vs. The Queen (1992) held that there is a right to a fair trial. Evaluate: - Common law can sometimes uphold human rights. - The common law is a flexible instrument that is capable of reinterpreting rights in the light of changing circumstances. - Common law can sometimes restrict human rights. - The government can opt to pass legislation to rule over common law decisions which

they do not accept. - Unless there is a case, the courts cannot get involved. International courts a) The International Criminal Court (not part of the UN), founded in 2002 - Independent, permanent court based at The Hague in The Netherlands. - Cases may take place anywhere in the world. - Tries people accused of serious crimes of international concern - e.g. genocide, war crimes (e.g. taking of hostages, killing someone who has surrendered – laid down arms), crimes against humanity (crimes that enslave, torture, rape victims based on political, gender, religious, ethnic, national or cultural differences) - Will not hear cases that a state is handling itself. - The Nuremburg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.



Activity: Observe the International Criminal Court Participation Map at

www. chartsbin.com/view/1644 .

1. How many countries are there in the world?

___________________________________________________________________________

2. How many countries have accepted ICCt. jurisdiction?

___________________________________________________________________________

3. How many countries have not accepted ICCt. jurisdiction?

__________________________________________________________________________

* Media report – “ Congo warlord Thomas Lubanga guilty in first International Criminal Court verdict”

Congo warlord Thomas Lubanga guilty in

first International Criminal Court verdict

From:The Australian March 14, 2012 9:17PM

THE International Criminal Court in The Hague has convicted Congolese militia

boss Thomas Lubanga of war crimes for using children in his rebel army, in the

tribunal's first verdict since its launch.

Lubanga, 51, was found guilty of enlisting child soldiers to fight for his militia in a gold-

rich region during the bloody four-year war in the Democratic Republic of Congo (DRC)

which ended in 2003.

http://www.theaustralian.com.au/



"The chamber reached its decision unanimously that the prosecution has proved Thomas

Lubanga guilty of crimes of conscription and enlisting children under the age of 15 and

used them to participate in hostilities," presiding Judge Adrian Fulford told the court,

which was set up in 2002.

"The evidence demonstrated that children endured harsh training regiments and were

subjected to hard punishment," he said.

"The evidence demonstrated that the children were deployed... and took part in the

fighting."

First transferred to The Hague in 2006, the alleged founder of the Union of Congolese

Patriots (UPC) and chief commander of its military wing, went on trial in January 2009.

He had pleaded not guilty to the charges.

Prosecutors told the court that militia under Lubanga's control abducted and conscripted

children as young as 11 from their homes, schools and football fields to serve as soldiers,

and that young girls were used as sex slaves.

The ICC is the world's only permanent criminal tribunal to try genocide, crimes against

humanity and war crimes.

* Media report – “First ICC judgement”

* First ICC judgment - Law Report - ABC Radio National (Australian ... www.abc.net.au/radionational/programs/lawreport/first.../3

Evaluate: - We now have a permanent international criminal court. - It is independent. - Its jurisdiction is universal. - It can try individuals, including military and political leaders and sentence them to prison. - Only deals with the gravest of crimes. Other crimes?

http://www.abc.net.au/radionational/programs/lawreport/first-icc-judgement/3901380

http://www.abc.net.au/radionational/programs/lawreport/first.../3



- It is a court of last resort – will not act if a case is being investigated by a national court unless the national proceedings are not genuine (e.g. if formal proceedings were undertaken solely to shield a person from criminal responsibility). - China is not a member of the ICC, saying that the court “is an attempt to interfere with the domestic affairs of a sovereign nation”. - State sovereignty can cause problems for the ICJ in terms of carrying out its functions. - Trials in the ICC can be slow – the Joseph Labanga case lasted more than

three years – “justice delayed is justice denied”.

b) The International Court of Justice (judicial organ of the UN), founded in 1945 - Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States (arguments that occur between governments). - Unlike the International Criminal Court it does not have the ability to try individuals. Evaluate: - State sovereignty can cause problems for the ICJ in terms of carrying out its functions.

2014 BOSTES HSC Legal Studies Examination - Q.25 – Crime Extended Response

* Mean = 7.36/15

Examination rubric

In your answer you will be assessed on how well you: ■ demonstrate knowledge and understanding of legal issues relevant to the question ■ communicate using relevant legal terminology and concepts ■ refer to relevant examples such as legislation, cases, media, international instruments and documents. ■ present a sustained, logical and cohesive response



1. Students should have inserted “ evaluate” before “to what extent…” ( see marking guidelines). - ticks/kisses for the criminal investigation process achieving justice for victims suspects and society. - crosses/punches for the criminal investigation process achieving justice for victims suspects and society. - improvements that need to be made/law reform?

2. Students should be using the “themes and challenges” when studying as this question is based on the theme and challenge: - “ the extent to which the law balances the rights of victims, offenders and society”. 3. There is stimulus material in this response – students need to integrate it into their response, rather than ignoring it or mentioning it in the introduction and/or conclusion. 4. Students must not be selective re the content they study. All content must be studied. For this question, the content in unit 2 of the Crime topic was directly relevant. (“ The Criminal Investigation Process”): - police powers - reporting crime - investigating crime: gathering evidence, use of technology, search and seizure, use of warrants. - arrest and charge, summons, warrants - bail and remand - detention and interrogation, rights of suspects



2014 BOSTES HSC Legal Studies Examination - Options

Examination rubric

In your answers you will be assessed on how well you: ■ demonstrate knowledge and understanding of legal issues relevant to the question ■ communicate using relevant legal terminology and concepts ■ refer to relevant examples such as legislation, cases, media, international instruments and documents. ■ present a sustained, logical and cohesive response 1. Students need to complete two extended response questions based on each option they have studied – one on each Option. 2. There are two questions for each option – students choose one. 3. Students must know and understand all the content in each Option – they should not pick and choose. 4. Students need to know and understand the legal and non-legal responses for each Option studied and assess their effectiveness in achieving justice ( e.g. q.31a). 5. Each Option has four “Issues that must be studied” – study all of them as the questions may refer to one or more of those issues ( e.g. q.27a). The effectiveness of the legal and non-legal responses to each issue should be studied.

Extended response questions - strategies for students

Plan

Spend a few minutes planning your response.

Underline the key words in the question.

Write down ideas that come to mind – you may forget while you are writing your response.

Write your plan in a writing booklet not the examination booklet (this is not seen by the markers). You may get marks for your plan, especially if you run out



of time. Everything written in your writing booklets is read.

What parts of the syllabus are you going to use? E.g. An extended response on Crime which asks about “the criminal trial process” should have you recalling the dot points under this unit in the syllabus. They could form headings in your response.

Legislation?

Cases?

Media?

International instruments and documents?

If there is stimulus material to refer to, use it. Introduction

Tell the reader what the response will be about in a paragraph. Don’t go into detail.

What is your point of view? Is the legal system effective in achieving justice? Any problems? Law reform needed? Role of non-legal mechanisms?

Body

Expand on each point in your introduction, using well-structured and clear paragraphs, consisting of short sentences. - E.g. If you make the point that one way the criminal trial process attempts to achieve justice is by allowing defences to criminal charges: - Paragraph one- write generally about defences to criminal charges (e.g. what are they?) - Paragraph two – write about “complete defences” - Paragraph three – write about “partial defences” - Paragraph four – evaluate the use of defences in achieving justice. - E.g.: Mental illness (insanity)

- Kisses/Ticks – Does not convict people who did not fully understand what they were doing. - There has to be evidence the accused has a mental illness and did not understand what they were doing, not just that the accused has a mental illness. - Community is still protected because the person with mental illness is placed in a mental institution until they are no longer a danger to society. - Punches/Crosses – Victim and the community may feel that justice has not been done.



Leave a line between each paragraph – it’s easier to read.

You may use headings.

Remember to integrate examples from legislation, cases, media and international instruments and documents where possible. “For example in the case ………”.

At the end of each paragraph, re-read the question and write one sentence which will link the content of the paragraph to the question.

Once you have written the name of something in full and put the abbreviation in brackets, use the abbreviation for the rest of the response (e.g. ICESC). Saves time!

Conclusion

Summarise the main points in your response.

What is your overall position/judgement? (e.g. Although some aspects of the criminal trial process are effective to a great extent in achieving justice for victims, offenders and society, the process is not perfect and there are some aspects that need to be modified using the law reform process…).

Keep in mind the conclusion should only consist of an overall evaluation. You should have been evaluating throughout your response.

While you are writing

Make sure you read the question many times.

Answer the set question, not the a question you have prepared for or wish was there.

Am I integrating cases, legislation, media and international instruments and documents?

Write in the third person rather than the first person. Instead of “I think the criminal trial process does not achieve justice. In my opinion the jury system is to blame for

that”, write “The criminal justice system does not always achieve justice because of the many weaknesses of the jury system.....”.

Is your handwriting clear?

When you have finished

Read your response and make any necessary changes. You can gain extra marks here as looking over a first draft usually reveals gaps and mistakes.

Have you labelled your response and written down how many writing booklets you used?



Using criteria when evaluating/assessing The higher order thinking skills of evaluating/making judgements continues to be challenging for students. - Some students struggle with this in their extended responses and do not reach this range of thinking. - Some students evaluate towards the end of their response, with some students saying “all is ok and justice is being achieved”. - Some students evaluate right from the start in their introduction and sustain this level of thinking throughout their response – this engages the marker immediately. Implicit or explicit judgements? Students who do not make explicit ( fully and clearly expressed, leaving nothing implied) judgements, can still be rewarded for evaluating if they make implicit judgments (implied or understood though not plainly or directly expressed). However students should be encouraged to make explicit judgements to gain the higher results.

“Evaluate” and “assess” require higher order thinking. Ticks/kisses for the legal system achieving justice. Crosses/Punches for the legal system not achieving justice. Improvements that need to be made? Law reform? Criteria that can be used to “evaluate” and “assess”: - Fairness - an element of justice - Equality - an element of justice ( e.g.fines do not punish the rich and poor equally) - Accessibility – an element of justice ( e.g.time -“justice delayed is justice denied”, cost, distance, knowledge – law must be known/discoverable - Enforceability ( e.g.corruption in the police service, Apprehended Domestic Violence Orders can be difficult to enforce) - Resource efficiency (e.g. education is an effective form of prevention but resources are limited, fines put money back into society) - Protection and recognition of individual rights (e.g. does capital punishment protect an individual’s right to life?) - Balance of individual rights and community rights (e.g. rights in prison v. rights of the community to see that justice is done) - Opportunities for appeals and reviews (e.g.mistakes can be made, miscarriage of justice, some individuals cannot afford to proceed with appeals) - Rule of law (e.g. everyone is equal under the law) - Doctrine of natural justice/Lady Justice (e.g. no bias rule, fair hearing rule)



- Doctrine of separation of powers (e.g. judges can conduct trials without interference from politicians and law enforcers ) - Media influence ( e.g. the media can play the role of judge/jury) - Punishment (e.g. prisons do not always rehabilitate a criminal, prisons can be the “University of Crime”) - Laws should be based on widely held moral and ethical standards - Role of discretion ( e.g. does it reveal discrimination?) - Doctrine of natural justice/Lady Justice ( Roman Goddess of Justice) - Blindfold – no bias rule, objectivity, impartiality - Scales of fairness – weighing the evidence from both sides of a case, and reaching a verdict based on fairness. - Sword of justice – symbol of authority, power over both sides

Quotes for evaluating/assessing

“ This is a court of law, young man, not a court of justice.” - Oliver Wendell Holmes, Jr. “It is not a Justice System. It is just a system.”

- Bob Enyart

http://www.google.com.au/imgres?q=Lady+Justice&um=1&hl=en&sa=N&rlz=1T4SUNC_enAU372AU373&biw=1440&bih=727&tbm=isch&tbnid=24oE0SHFh794IM:&imgrefurl=http://trybean.com/2012/02/28/lady-justice-is-glad-she-is-blindfolded/&docid=KoFpYj13RxQ4gM&imgurl=http://trybean.com/wp-content/uploads/2012/02/lady-justice.gif&w=640&h=1104&ei=4IQLULGbMYKgiQe0p9C1DQ&zoom=1&iact=hc&vpx=539&vpy=147&dur=475&hovh=295&hovw=171&tx=85&ty=149&sig=102074288691023076870&page=1&tbnh=163&tbnw=94&start=0&ndsp=29&ved=1t:429,r:3,s:0,i:148



Cases, legislation, media reports and international instruments and documents are essential

Ask students to create summaries of cases, legislation, media reports and international instruments and documents after each unit in a topic. Topic:____________________________________________________________________ Unit: _____________________________________________________________________

Summary of cases

Syllabus dot point Case Notes



Topic:_____________________________________________________________________

Unit: _____________________________________________________________________

Summary of legislation

Syllabus dot point Name Notes



Topic:_____________________________________________________________________

Unit: _____________________________________________________________________

Summary of international instruments and documents

Syllabus dot point Name Notes



Topic:____________________________________________________________________ Unit: _____________________________________________________________________

Summary of media reports

Syllabus dot point Title and source Notes



Extended responses are double marked

Two markers make independent judgements of a student’s extended response. Each marker allocates a mark in accordance with the approved marking guidelines, and is unaware of the other marker’s judgement. The two marks are averaged unless they are judged to be discrepant.

When the marks assigned to a double-marked question differ by more than the maximum acceptable difference set by the BOSTES NSW , this difference is considered a ‘discrepancy’ and a third or possibly fourth marking of the student’s response is undertaken. The Supervisor of Marking or another senior marker then takes all these independent markings into consideration and uses professional judgement to determine the most appropriate mark for the student’s response.

Performance band descriptions Legal Studies

The typical performance in this band:

Band 6 analyses, synthesises and interprets information to evaluate the

effectiveness of the domestic and international legal system in

addressing issues

demonstrates extensive knowledge and understanding of the

operation of the legal system and the processes involved in law

reform

synthesises and analyses legal information from a variety of sources

including relevant legislation, cases, media, international instruments

and documents to support arguments in a domestic and international

context

communicates coherent arguments on contemporary issues from

differing perspectives and interpretations

communicates an argument using relevant legal concepts and

terminology

Band 5 analyses and interprets information to evaluate the effectiveness of

the domestic and international legal system in addressing issues

demonstrates detailed knowledge and understanding of the operation

of the legal system and the processes involved in law reform

uses legal information from a variety of sources including relevant

legislation, cases, media, international instruments and documents to

support arguments in a domestic and international context

presents clear arguments on contemporary issues from differing

perspectives

communicates using relevant legal concepts and terminology



Band 4 provides some analysis of information and issues related to the

effectiveness of the domestic and international legal system

demonstrates good knowledge and understanding of the operation of

the legal system and the processes involved in law reform

uses appropriate legal information from sources including legislation,

cases, media, international instruments and documents

uses appropriate legal concepts and terminology

Band 3 demonstrates some knowledge and understanding of the issues

related to the domestic and /or international legal system

demonstrates some understanding of the operation of the legal system

makes reference to sources including legislation, cases, media,

international instruments and documents

uses some legal concepts and terminology

Band 2 recognises some issues in the legal system

demonstrates a limited understanding of some aspects of the

operations of the legal system

uses some legal terminology

Band 1

From: BOSTES NSW website

Tell students that clear handwriting matters Students need to write/shape letters in their words correctly. They should ask themselves, “will someone else be able to read this?”. A student writes

How to improve handwriting legibility by the HSC???

My handwriting has just gone to crap most recently, especially after sitting these trial

exams. It has worsened so much compared to how it used to be, to the point where its

pretty much illegible and I'm having to scribble to get my words down within the time.

When I write at home my writing is usually so much neater, compared to having to sit

the exam...and this is inflicting some pretty bad anxiety. When I'm writing I feel like I

just can't get the letters together...it's like my hand just won't write. I've written

practice essays at home under exam conditions..but should I start writing slow and

neatly in order to improve its legibility?

Thanks

* From: how to improve handwriting legibility by the HSC??? community.boredofstudies.org › ... › General Discussion on the 2014 HSC ( accessed on 13 May 2015)

http://community.boredofstudies.org/1054/general-discussion-2014-hsc/325673/how-improve-handwriting-legibility-hsc.html



From BOSTES NSW

Handwriting is a necessary pursuit Teaching handwriting continues to occupy an important place in the new NSW English K-10

Syllabus.

Writing by hand is an essential skill for supporting learning. Through the physical act of

writing, children learn about letters, their shapes and sounds. The act of writing has clear

links to enhanced, lifelong learning and memory retention across all learning areas. Reading,

saying and writing is part of a trilogy of strategies and expectations that are used when

teaching the development of literacy skills.

Handwriting provides benefits beyond communicating and expressing thought. The teaching

of handwriting develops in children fine motor skills that they use throughout their lives. It

also develops what is termed proprioception (the ability to control minute pressure and fine

muscle contractions in the hand). This enhances body awareness and muscle control and it is

this skill that enables users of digital technologies to control touch and apply fine soft

movements.

The act of learning to write promotes patience, perseverance and skill. The writing itself can

also be viewed as an art form.

In 21st century classrooms, children need to be exposed to both handwriting skills and using

digital technologies as set out in the Syllabus for English K-6. Students continue to use the

written word in and beyond the school. It remains a vital and significant skill and means of

communication across all societies throughout the world.

For more information, contact:

Peter Lee

Primary Education Board Inspector

[email protected]

(02) 9367 8191

Get involved in the Legal Studies HSC examination development process and marking

process - Examination committee - Assessor - Marker ( experience the full range of responses across the course candidature)

http://news.boardofstudies.nsw.edu.au/index.cfm/2015/2/13/Handwriting-is-a-necessary-pursuit





"Know your syllabus": top ATAR scorer

26 Jan 12 @ 09:30am by Rashell Habib

From: “Inner West Courier” website

Lucy Coles

YOU hear it time and time again, but preparation is the key, not only in achieving a good result, but also maintaining your sanity during exam periods - just ask Lucy Coles.

At 17, Lucy achieved the highest ATAR ranking 99.95 after sitting her exams at the end of last year.

“I didn’t expect to get anywhere near the mark I did,” Lucy said.

She will be studying arts law this year at the University of New South Wales, but is still uncertain about which career she will enter into.

Lucy has some tips to surviving the stress in the lead-up to and during the Higher School Certificate (HSC). “Just work consistently and keep up to date with your notes, write your own notes, that way you will have the resources all ready and it is just a matter of familiarising it.”

She said the key to note writing was simplifying her notes into her own words.

She picking out quotes and facts she was able to put into a way she could understand and removed jargon.

He biggest tip was to make sure you know your syllabus. “You can’t get a question that won’t relate to the syllabus, so if you know it back to front, you will find nothing can surprise you.”



Lucy chose her subjects carefully and made sure she had an interest in every subject as her main aim was to do subjects she enjoyed.

She studied advanced English, extension maths and German, modern history and legal studies at Strathfield’s Meriden School.

SAGE ADVICE -If you don’t know the answer to a question during an exam, here’s some advice: -``When I saw the paper for maths, which wasn’t my best subject, I saw it and thought `there are a lot of questions I can’t do’ but I couldn’t let that thought through’‘ -``I did what I could of the questions, I skipped the ones I didn’t know and came back to them, that approach helped because it meant I could pick up marks in smaller areas.’’

Have a laugh

A doctor, a lawyer, a little boy and a priest were out for a sunday flight on a private plane. Suddenly, the plane started to go down. Finally the pilot grabbed a parachute, yelled to the passengers they better jump, and bailed out. Unfortunately there were only three parachutes remaining. The doctor grabbed one and said,"I'm a doctor, I save lives, so I must live," and jumped out. The lawyer then said,, " I'm a lawyer and lawyers are the smartest people in the world: I deserve to live." He grabbed a parachute and jumped. The priest looked at the little boy and said,'my son, I've lived a long and full life,you are young and have your whole life ahead of you. Take the last parachute and live in peace.' The little boy handed the parachute back to the priest and said, "not to worry, Father. You can have that one back. The "smartest man in the world" just took off with my backpack."

“Law is the art of the good and the just”

- Saint Augustine

economics and business educators nsw 2015 annual ... 201… · written and presented by joe alvaro...

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