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TRANSCRIPT
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
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
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
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!
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!
The learn abouts! A quick content recap…
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?
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
•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)
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
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.
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
FACTORS AFFECTING CRIMINAL BEHAVIOUR
Why do people commit crimes?
• Economic factors: poverty, greed,
• Genetic theories
• Impairment of reason
• Self defence
• Accident
• Political reasons
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
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
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
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?
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).
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!
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.
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
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?
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
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
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
EFFECTIVENESS
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])
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.
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!!!!
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.
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%.
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
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
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.
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.
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?
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!!!
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
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.
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.
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.
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
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.
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
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.
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
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
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!
LEARN TOS
See HSC LEARN TO’s scaffold
INTEGRATING LEARN TOS, THE PRINCIPAL
FOCUS, THEMES AND CHALLENGES, LEARN
ABOUTS, MEDIA, CASES, LEGISLATION AND THE
QUESTION
WRITING a 600 WORD
CRIME RESPONSE!
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.
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?!
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?
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.
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”.
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
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”.
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”
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”.
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”.
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”.
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”.
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”.
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”.
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.
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.
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
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!
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
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’.
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.
MEDIA
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
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