HSC Legal Studies Question Thread

[Nadim]

Hello, sorry to ask a question again but we just received our assessment for human rights and for my extended response I知 focusing on the topic of discrimination against women and we have to evaluate the effectiveness of it with legal and non-legal responses. I知 thinking I should focus on the Middle East since women tend to be discriminated there. Do you have any advice for this or recommendations because I知 a bit stuck on the legislation and what legal and non-legal responses would go with it. Thanks so much

[elysepopplewell]

Hello, sorry to ask a question again but we just received our assessment for human rights and for my extended response I知 focusing on the topic of discrimination against women and we have to evaluate the effectiveness of it with legal and non-legal responses. I知 thinking I should focus on the Middle East since women tend to be discriminated there. Do you have any advice for this or recommendations because I知 a bit stuck on the legislation and what legal and non-legal responses would go with it. Thanks so much

Hi Nadim! Never apologise for asking a question here

Does your teacher mind if you focus on a different country when looking at legal and non-legal measures? I recommend choosing one where you can evaluate Australian legal measures, just because it's within a system you already understand - and then also international legal measures as well. There's nothing to say you can't focus on issues in other countries, I'm suggesting it just might be easier to focus on Australia-based issues because you can talk about the domestic legislation with all of the knowledge you've gathered so far. You could definitely take a cross-country approach here - and talk about women's rights being developed and protected at different rates across different countries.

In Russia, marital immunity to assault (DV) has been removed. In Africa, FGM is a legal practice in several countries. I noticed something brief in a video I saw of the NZ PM this morning saying something about gender-discrimination laws they have introduced in the most recent government - you might be able to link to that.

I've also read something recently about particular countries needing women to prove permission to travel abroad from their husbands. I seemed to remember it was Lebanon but a quick google search took me to this article about Delhi: https://thewire.in/48611/passport-procedures-discriminatory-humiliating-especially-women/

Let me know what you think or how you go with it

[Tristan1]

I'm new here, nice to meet you all Looks like several people are doing human rights and extended responses so that makes my question pretty familiar    For our human rights task (which is pretty much the same as Nadim's one with legal and non-legal responses, and we can look at any country, but choose one case and base it around that) I am looking at arbitrary detention and I do have a small idea of what it is, but I need some clarification and also I'm kinda stuck on what cases to look at plus like the legislation and legal responses. I read an article about journalists in Sudan who are being held in detention, but I feel like there are better cases, but my teacher wants it to be  recent so yeah   

[elysepopplewell]

I'm new here, nice to meet you all Looks like several people are doing human rights and extended responses so that makes my question pretty familiar    For our human rights task (which is pretty much the same as Nadim's one with legal and non-legal responses, and we can look at any country, but choose one case and base it around that) I am looking at arbitrary detention and I do have a small idea of what it is, but I need some clarification and also I'm kinda stuck on what cases to look at plus like the legislation and legal responses. I read an article about journalists in Sudan who are being held in detention, but I feel like there are better cases, but my teacher wants it to be  recent so yeah   

'Tis the season for Human Rights!

Check out this group: http://www.ohchr.org/EN/Issues/Detention/Pages/WGADIndex.aspx
They will give you a lot of resources and statistics to look into. Journalist Peter Greste comes to mind, he was held in Egypt because he was suspected of supporting the Muslim Brotherhood. He was an Al Jazeera journalist when he was arrested and held. But from what I remember, there was no evidence at all to suggest he was supporting the Muslim Brotherhood. This happened during my HSC, so must've been 2015.

You could even be more specific and look at Journalist's rights around the world. Or, Journalists held arbitrarily. The only Maltese reporter for the Panama Files was blown up in a car bomb late last year.

Definitely look at the right to liberty when looking at arbitrary detention. Guantanamo Bay comes to mind too...

[markkhodair]

Hey,

I'm writing a response to this crime question given by my teacher: Assess the effectiveness of the criminal trial process as a means of achieving justice and wanted to talk about the role of juries. Is it right to say that the fact that they were selected at random from the electoral role, creates an unbiased trial, which ensures procedural fairness and natural justice?

Thank you!

[fantasticbeasts3]

Hey,

I'm writing a response to this crime question given by my teacher: Assess the effectiveness of the criminal trial process as a means of achieving justice and wanted to talk about the role of juries. Is it right to say that the fact that they were selected at random from the electoral role, creates an unbiased trial, which ensures procedural fairness and natural justice?

Thank you!

hi!

i reckon you're right :-) in saying that, it might be worth looking into cases of jury misconduct. you can then argue that although the jury system does try to achieve justice, there have been times where this isn't the case. remember, everything is partially effective; not everything works out perfectly.

hope this helps!

[markkhodair]

hi!

i reckon you're right :-) in saying that, it might be worth looking into cases of jury misconduct. you can then argue that although the jury system does try to achieve justice, there have been times where this isn't the case. remember, everything is partially effective; not everything works out perfectly.

hope this helps!

Thank you, it does! I used the Bilal Skaf case and talked about how the two jurors who went to visit the scene could have created bias and an unfair trial for Skaf.

[Lumenoria]

Hey, I've been struggling to discern between crimes against the international community and transnational crimes, in terms of categorising certain offences. Like I completely understand their definitions, but I feel like so many aspects of each overlap with the other to a point where distinction can become a tad ambigious? For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X

[emilyygeorgexx]

Hey, I've been struggling to discern between crimes against the international community and transnational crimes, in terms of categorising certain offences. Like I completely understand their definitions, but I feel like so many aspects of each overlap with the other to a point where distinction can become a tad ambigious? For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X

Hey!

My understanding is that transnational crimes are offences that involve 2 or more jurisdictions. They initially take place within one country but have international law consequences in the other country. The offenders will be prosecuted under the domestic law of that country's jurisdiction. For example,  in R v Wei Tang 2008 she was charged with slavery in Australia but it then became a transnational crime when discovered the prostitutes she gathered were from Thailand.

However, crimes against the international community are crimes committed by individuals and states which are seen as wrong by the international community. Crimes against the international community include war crimes, crimes against humanity, genocide and crimes of aggression (since 2017). For example, Thomas Lubanga Dylio was convicted for war crimes and crimes against humanity for using children under the age of 15 as soldiers.

Hopefully that helped some how

[Lumenoria]

Hey!

My understanding is that transnational crimes are offences that involve 2 or more jurisdictions. They initially take place within one country but have international law consequences in the other country. The offenders will be prosecuted under the domestic law of that country's jurisdiction. For example,  in R v Wei Tang 2008 she was charged with slavery in Australia but it then became a transnational crime when discovered the prostitutes she gathered were from Thailand.

However, crimes against the international community are crimes committed by individuals and states which are seen as wrong by the international community. Crimes against the international community include war crimes, crimes against humanity, genocide and crimes of aggression (since 2017). For example, Thomas Lubanga Dylio was convicted for war crimes and crimes against humanity for using children under the age of 15 as soldiers.

Hopefully that helped some how

Yeah, that made it a bit clearer, thankyou so much love! Xx

[jamonwindeyer]

For example, the case of David Hicks, where he was accused of involvement in military operations for Al Qaeda overseas and detained in Guantanamo Bay, what would that fall into? I thought it would be transnational because of how multifaceted it is in terms of crossing international borders, but it also seems to fit a crimes against the international community definition as he was charged with war crimes, you know what I mean? Really hope someone can clarify or add some input to this, thankyou!! X

Great example above! Just adding that the definitions can most certainly overlap, and I'd say that is the case with your example - But in an essay you'd probably consider it a crime against the international community. Reserve transnational crime as a definition for things like drug trafficking, piracy, etc. Basically, if it is both, probably just call it a crime against the international community

[aneesha.dean]

Hey!
I'm kinda new to this so i'm not sure if this question has been asked, but in terms of LCM's, should i be trying to find one for each syllabus dot point? Or is that too excessive? I am not too sure with how to gather cases as new ones keep popping up and my teacher is always saying that the more recent it is, the better! But then again, i want to try and find all the cases now so i don't have to do it later on in the year,  but then what happens if my cases are outdated compared to my peer's cases. omg im too confused about this hahaha and i don't know what im doing! Also, i am so glad that the ATAR notes text book came with cases that links with many syllabus dot points! Elyse you are a blessing, that text book is my holy grail in class and i am so thankful for it!

Thank You!
Aneesha xx

[fantasticbeasts3]

Hey!
I'm kinda new to this so i'm not sure if this question has been asked, but in terms of LCM's, should i be trying to find one for each syllabus dot point? Or is that too excessive? I am not too sure with how to gather cases as new ones keep popping up and my teacher is always saying that the more recent it is, the better! But then again, i want to try and find all the cases now so i don't have to do it later on in the year,  but then what happens if my cases are outdated compared to my peer's cases. omg im too confused about this hahaha and i don't know what im doing! Also, i am so glad that the ATAR notes text book came with cases that links with many syllabus dot points! Elyse you are a blessing, that text book is my holy grail in class and i am so thankful for it!

Thank You!
Aneesha xx

Hi! No worries about being new - you'll get sucked into the deep, dark hole that is AN soon enough.

As for your LCMs, 1 for each syllabus dot point is pretty good. :-) Personally, I tried to have 4-5 for each "section" of the syllabus, so say for the Criminal Trial Process, I tried to cover everything I could write about in an essay with an LCM. If you're having trouble keeping up with new cases, just stick with media articles for those - titles are easier to remember, and you can make up a few things if you really need to, hahah. As long as you have evidence backing up your points, you're good; the cases don't have to be updated to today, or something like that. Looking for cases can be something you do to break up your study. :-)

All the best for Legal (it really is an amazing subject), and the rest of your HSC,
fantasticbeasts

[aneesha.dean]

Hi! No worries about being new - you'll get sucked into the deep, dark hole that is AN soon enough.

As for your LCMs, 1 for each syllabus dot point is pretty good. :-) Personally, I tried to have 4-5 for each "section" of the syllabus, so say for the Criminal Trial Process, I tried to cover everything I could write about in an essay with an LCM. If you're having trouble keeping up with new cases, just stick with media articles for those - titles are easier to remember, and you can make up a few things if you really need to, hahah. As long as you have evidence backing up your points, you're good; the cases don't have to be updated to today, or something like that. Looking for cases can be something you do to break up your study. :-)

All the best for Legal (it really is an amazing subject), and the rest of your HSC,
fantasticbeasts

Thank you so much! you've helped me clear up my confusion ahaha heres a dad joke to show my gratefulness:

Wanna hear a joke about paper?
Never mind...Its tearable.

[martinarena_]

Hi there!
In relations to human rights what's an example of an international statutory authority (found under part 2, promoting and enforcing human rights)? The textbook was kinda confusing 

Thank you