HSC Legal Studies Question Thread

[elysepopplewell]

Hi!

Just wondering what crime/family predictions are specifically for the CSSA trials? Is it true CSSA attempt to predict the HSC? thank you!

The CSSA are not in the business of wasting your time, and looking at patterns of past papers and how they've approached selecting the questions, I think it's very fair to assume they at least try to get in the ball park of where the HSC question will be. Across all of my subjects, essays and short answers included, I had about 5 or 6 written responses that were almost identical to my trials. This is why taking on the feedback from your trials is so important!

If I took a guess at this year's question, I'd be looking at themes and challenges like law reform, or discretion, and then the syllabus dot point I seem to think hasn't been tested in a while is Sentencing and Punishment Procedures.

[oliviamarie]

Super helpful, thank you!
On that note, is there a past bank of questions that CSSA have asked? Specifically last years to get an idea of what they won't try to ask.
Super hard to get a copy of the trials as they are so strict on copyright!
Thank you

[fantasticbeasts3]

Super helpful, thank you!
On that note, is there a past bank of questions that CSSA have asked? Specifically last years to get an idea of what they won't try to ask.
Super hard to get a copy of the trials as they are so strict on copyright!
Thank you

i have cssa questions spanning a couple years for crime, if you'd like? unfortunately i don't have the exact question for 2016 but it was on defences. :-)

2014: To what extent do domestic and international measures effectively deal with international crime?

2013: 'Sentencing and punishment attempts to balance the rights of victims, offenders and society'.  Evaluate this statement.

2012: Examine the role of discretion in achieving justice for victims, offenders and society within the criminal justice system.

2011: 'The focus should be on rehabilitation, which was the principal purpose of the juvenile court system.' Source: SMH October 29, 2010
With reference to the stimulus above, assess the effectiveness of the criminal justice system when dealing with young offenders.

[JD99]

Hey

Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?

Thanks!

[fantasticbeasts3]

Hey

Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?

Thanks!

that's actually a pretty interesting question. in my notes, terrorism is listed under crimes against the international community but i guess in that instance it could be a transnational crime?

jamon and/or elyse will definitely be able to help you with this, i'm interested in what everyone has to say about this though

[jamonwindeyer]

Hey

Would it be correct to say that terrorism is both a Transnational Crime (if for instance, that attack occurs in Australia but British citizens also get killed) and a Crime against the International Community?

Thanks!

Very interesting! I think technically you could call it a transnational crime, but that category is more for 'less serious' things with implications that cross domestic borders (EG - privacy, drug trafficking). Although terrorism has the same sort of effect, so do things like genocide. We still classify as a crime against humanity, because the seriousness of it warrants another category (the fact it affects other countries is less relevant than the fact that it is considered abhorrent on an international scale) that's my perspective at least!

[inescelic]

Hi, can someone please explain why q5 and 6 are A?

[kiiaaa]

Hey Guys,

This may be a really broad/stupid question but if a crime essay comes up on transnational crime what points should i have paragraphs on? I found a question saying " how effective are domestic and international measures in dealing with international crime?" and i cant think of any measures at all. could you please help me in providing me info to use to answer this essay and what points i should discuss about in this essay

I hope I'm not asking too much but international crime is my weakest as my teacher when to hospital during this time and the sub wasn't the best

thank you soo many guys! )

[fantasticbeasts3]

Hey Guys,

This may be a really broad/stupid question but if a crime essay comes up on transnational crime what points should i have paragraphs on? I found a question saying " how effective are domestic and international measures in dealing with international crime?" and i cant think of any measures at all. could you please help me in providing me info to use to answer this essay and what points i should discuss about in this essay

I hope I'm not asking too much but international crime is my weakest as my teacher when to hospital during this time and the sub wasn't the best

thank you soo many guys! )

this isn't a stupid question at all! being asked on a narrow part of the syllabus is pretty hard. i'll give a quick run down on the measures used for international crime both domestically and internationally :-)

international:
(crimes against the international community)
piracy - un convention on the law of the sea 1982
war crimes - hague conventions (1899 and 1907) and geneva convention 1949
genocide - un convention on genocide 1948
terrorism - international convention for the suppression of terrorist bombings 1997

(transnational crime)
money laundering - un convention on transnational organised crime 2000
arms trafficking - protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition 2001
drug trafficking - there's a heap of conventions for this but just mention the single convention on narcotic drugs

you can also mention the icc as an international court.

domestic:
mutual assistance in criminal matters act 1987 (cth) regulates assistance to foreign countries in criminal matters (just for people giving evidence and what not)

(crimes against the international community)
piracy - crimes act 1914 (Cth) and crimes at sea act 2000 (Cth)
war crimes - war crimes act 1945
crimes against humanity, genocide, torture and terrorism - criminal code act 1995 (cth) (literally The Legislation for domestic measures! covers a lot of crimes)

(transnational crime)
money laundering - anti-money laundering and counter-terrorism financing act 2006 (Cth)
people smuggling, arms and drug trafficking - criminal code act 1995 (cth)

you can also include the afp police act 1919 (cth) for transnational crime.

hope this helps!

[kiiaaa]

this isn't a stupid question at all! being asked on a narrow part of the syllabus is pretty hard. i'll give a quick run down on the measures used for international crime both domestically and internationally :-)

international:
(crimes against the international community)
piracy - un convention on the law of the sea 1982
war crimes - hague conventions (1899 and 1907) and geneva convention 1949
genocide - un convention on genocide 1948
terrorism - international convention for the suppression of terrorist bombings 1997

(transnational crime)
money laundering - un convention on transnational organised crime 2000
arms trafficking - protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition 2001
drug trafficking - there's a heap of conventions for this but just mention the single convention on narcotic drugs

you can also mention the icc as an international court.

domestic:
mutual assistance in criminal matters act 1987 (cth) regulates assistance to foreign countries in criminal matters (just for people giving evidence and what not)

(crimes against the international community)
piracy - crimes act 1914 (Cth) and crimes at sea act 2000 (Cth)
war crimes - war crimes act 1945
crimes against humanity, genocide, torture and terrorism - criminal code act 1995 (cth) (literally The Legislation for domestic measures! covers a lot of crimes)

(transnational crime)
money laundering - anti-money laundering and counter-terrorism financing act 2006 (Cth)
people smuggling, arms and drug trafficking - criminal code act 1995 (cth)

you can also include the afp police act 1919 (cth) for transnational crime.

hope this helps!

omg bless! calling you a legend would be a complete understatement. Thank you sooo much @fantasticbeasts3. You are definitely fantastic =D

[inescelic]

Hi Elyse,
Here is my crime essay intro and structure, anyone else who can offer their thoughts, please do:
The Australian legal system aims to encourage compliance for the purpose of community safety and to reflect social standards. Yet inevitably, individuals will fail to comply to the system and thus the CJS must respond appropriately to this behaviour. Though the CJS attempts to address both of these concerns, its effectiveness is ultimately limited. More specifically, the law does not always adequately respond to issues of non-compliance amongst law enforcement and through the judicial process, thus not fully reflecting the rule of law and procedural fairness. Also, the law struggles to achieve a balance between a direct and root level solution to resolve non-compliance, thus contributing to its ineffectiveness. As highlighted through police powers, bail, the judicial process sentencing the CJS fails to completely fulfil their role of encouraging compliance and discouraging non-compliance.
Point 1 Police Powers:
To reflect rule of law, police need to comply with LEPRA
Though Roberto Curti case showed non-compliance to principle of "reasonable force"
Also highlighted ineffectiveness of police investigating police non-compliance
LECC was introduced, though ineffective because of resource inefficiency and responsiveness
Option 2 Bail:
Bail is important for fairness, yet is heavily reliant upon individuals to comply with their conditions
"Unacceptable risk" within bail act aims to protect community from those most likely not to comply
However, ineffective through Sydney siege
Remand is better in ensuring compliance, yet as reported by ALRC remand population has tripled resource inefficiency
3. Judicial Process
Judges and jury have responsibility to comply with judicial standards for procedural fairness
If they fail to comply, can infringe individuals rights
Under Jury Act if jurors "engage in misconduct", leads to retrial longer time in court
Also, judges can fail to follow common law precedents e.g. Judge Hampel didn't represent jurors to accused before trial, led to retrials
Sentencing:
Important for retribution of non-compliance and deterrence to encourage compliance
ICOs to replace suspended sentences-> mandatory supervision for compliance, also programs to adress causes of crimes e.g. drug use
Also, "Justice Reinvestment" programs to prevent recidivism, through diversionary programs (root level solution) -> although limited by lack of enforceability nation wide
Thank you!

[jamonwindeyer]

Hi, can someone please explain why q5 and 6 are A?

Hey! Neither are A, the answers to those questions are screwed up I'd say the answers are C and D respectively

[inescelic]

Here is my Workplace Intro for anyone to offer their thoughts:
(plz help trials are tmrw and my teacher has not responded to any of my emails rip)
"To what extent do contemporary issues in the workplace reflect changing values and ethical standards?"
The workplace is of inherent value to society, providing individuals with financial security, while also contributing to the greater economy through employment. Thus, it is important that workplace law reflects the evolving values of society. An important expectation of workplace law is to govern employer and employee relationships to achieve fairness. Yet, in light of contemporary issues such as safety, termination of unemployment, social concerns and expectations towards the liability of employers have increased, to which the law has to some extent, responded. Through law reform in particular, workplace law has aimed to adapt to these growing concerns,however, it struggles to reach full effectiveness through struggling to balance the rights between the employer and employee.

[sophia123]

how do I remember legislation/cases/media articles/victim impact statements and statistics? also in the trials..what do I do if I know what the specific act does, but cant remember the name of it?
also, what is adjudication? and the difference between bail and remand? I understand that bail is awarded between the period of being charged and awaiting trial, but is remand when you are taken back into custody after abusing one of the terms by which you were awarded bail?

lastly...any words of encouragement? trials are this week and I'm stressing majorly!

MT!

[inescelic]

Last one, can someone please offer their thoughts on my IP intro:
"To what extent has state sovereignty assisted in recognising the rights of IPs?"
State sovereignty has the power to promote Indigenous peoples' (IPs) right to self-determination yet equally can prevent IPs from pursuing their political, social and economic status. The worldwide history of colonisation has impeded upon the rights of IPs, and thus as social values change, a new body of law aims to assert the rights of IPs and rectify past wrongs and injustices. However, a nation state's ability to recognise rights related to land, natural resources and language, is dependent upon political will, thus making state sovereignty a limited tool for the achievement of justice for IPs, as highlighted by the disparities of IPs rights worldwide.