HSC Legal Studies Question Thread

[rainyyydays]

I know this is only a tiny thing but...
Is there a difference between plea bargaining and charge negotiation?
The textbook uses the terms interchangeably, however, they have both been options for a multiple choice question.

Hi! Not sure about the other perspectives on this, but to my knowledge there's a difference. The distinction between them, I think, is that plea bargaining is when the offender agrees to plead to the charge, however, charge negotiation is rather engaging in the process. This idea was taken from the following MC:

1. Ashley has agreed to plead guilty to a lesser charge.
This process is an example of which of the following?

a) Plea bargaining
b) Restorative justice
c) Charge negotiation
d) Judicial guidelines

4. In relation to the injury to the bystanders, Nicole accepts an offer to plead guilty to dangerous driving rather than going to trial for a more serious charge.
Nicole has engaged in which of the following?
a) Diversionary programs
b) Charge negotiation
c) Restorative justice
d) Plea bargaining

Ok so judging by this, it would seem that there is a difference... but like not entirely sure if thats correct?
Uggh so confused someone please shed light?

[jamonwindeyer]

Ok so judging by this, it would seem that there is a difference... but like not entirely sure if thats correct?
Uggh so confused someone please shed light?

Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date

Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process

[jamonwindeyer]

Hey! I was just wondering if anyone could answer my question!
I am new to atarnotes and learning how to use it properly, so bear with me!
My question is, does anyone know which schools in Western Australia teach or have the course of ATAR Legal Studies or any Law or Politics course?
Thanks so much!
Rachel

Hello! I think (though I may be corrected, I'm from NSW) that most schools would offer the WACE Legal Studies course (which is called Politics and Law). Here is the documentation!

[emilyygeorgexx]

Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date

Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process

Yep, 100% agree with you Jamon!!

Just to add on during the charge negotiation process, the defendant can enter a plea of guilty, not guilty or no plea (which is taken as not guilty). Under the Criminal Case Conferencing Trial Act 2008 (NSW), this codifies the discount for guilty pleas. If you plead guilty before your committal hearing you get 25% discount on your sentence or a 12.5% discount if you please guilty after the committal.

 

[anjaliaiyer]

Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.

Thank you!

[emily_p]

Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.

Thank you!

Yep that could definitely work! I would also go into custodial and non custodial penalties, specifically classifications of imprisonment based on how serious the offence is (custodial) => you could talk about there being a trade off between security and safety of the community, and rehabilitation of the offender and thus judges must exercise their discretion quite carefully.

[rainyyydays]

Hi! So the syllabus used to contain the word 'plea bargaining,' it now contains the more up-to-date term of 'charge negotiation.' They are the same process! You won't be asked to distinguish between them, though you should be using the term 'charge negotiation' as it is what the syllabus uses. Any MC with plea bargaining as the answer is out of date

Note: PLEAS are still a thing, that is, the offender saying "guilty" or "not-guilty" at the start of the Trial process

ok thanks heaps, this really helps! sorry if I confused anyone... 

[henrychapman]

Hi! I'm currently writing my essay for discretion for trials, and I was wondering where in sentencing and punishment discretion is used? My points currently are: discretion is used when a judge is considering aggravating and mitigating factors surrounding a case, and also how mandatory sentencing removes judicial discretion.

Thank you!

Hey there,
You could run with those two paragraphs, or you could even combine them together and frame it around the impacts of mandatory sentencing and why the judge must be able to consider the agg and mit factors of each case (fairness etc- cornerstone of the Criminal Justice system). I would then talk about how the introduction of police powers limits police discretion and this is a good thing because it creates a better power balance between police and the community and they are sure of their role. I would then talk about the introduction of the 'Tougher, Smarter Justice Reforms' (2017) and specifically how the creation of intensive correction orders (ICO's) not only encourages rehabilitation of an offender and thus improves sentencing outcomes but judges are given more options (discretion) in terms of finding the most adequate penalty for the offender.
Hope that helps - we actually got this question in our half yearly and I'd be happy to share evidence with you if you wanted 

[nikitap29011]

Hey there,
Just got a quick multiple choice question to ask about:

Which best protects Human Rights in Australia:
a) Constitution
b) Common Law
c) Statute Law
d) Courts and Tribunals

I dont have access to the answers but I would have gone with the constitution as the rights, although limited, are guaranteed and better protected than the other options. Just wondering what you guys reckon??

Thanks!!!

[emilyygeorgexx]

Hey there,
Just got a quick multiple choice question to ask about:

Which best protects Human Rights in Australia:
a) Constitution
b) Common Law
c) Statute Law
d) Courts and Tribunals

I dont have access to the answers but I would have gone with the constitution as the rights, although limited, are guaranteed and better protected than the other options. Just wondering what you guys reckon??

Thanks!!!

I think its C, statute law

[fantasticbeasts3]

I think its C, statute law

I second this! What does everyone else think?

[jamonwindeyer]

I second this! What does everyone else think?

Ima hit you with a zesty B

Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B I like this question purely for the discussion point though! Bit subjective for an MC imo!

[eliseeeeee_m]

Ima hit you with a zesty B

Common law (the courts, but like precedent, it's a better version of D) interprets statute law (which don't explicitly protect HR in Australia) in ways to protect human rights in specific scenarios! At least, that's how I think the question wants you to look at it - I'd be going B I like this question purely for the discussion point though! Bit subjective for an MC imo!

I was caught between D and B, but that explanation makes sense ^^^ Thanks!

[katgrace1]

Hi I was just wondering for workplace does broad case studies work eg. coles or do you need to be specific and reference the case in legal jargon?

[jamonwindeyer]

Hi I was just wondering for workplace does broad case studies work eg. coles or do you need to be specific and reference the case in legal jargon?

Hey! Specific case and legislation references are going to be better for you, but going with broader types of evidence is still going to work!