HSC Legal Studies Question Thread

[rodero]

12 Daniel,   a   14-year-old,   is   convicted   of   a   public   order   offence.   This   is   his   first   recorded   
conviction.   
Which   of   the   following   is   the   most   likely   penalty   for   Daniel?
(A)    Caution
(B)    Warning
(C)    Probation
(D)    Community   service

Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?

EDIT
2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor

Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'

[Anfar3]

Rodero - Situational crime prevention deals with modifying the physical environment in which a crime may occur so that the possibility of that crime to be carried out is reduced. This essentially does act as a deterrent in preventing crime as - the implementation of CCTV's in areas will reduce the likelihood of someone, for example stealing.

[jamonwindeyer]

What could be the body paragraphs here aaaah

Anything you like really! Pretty much any response to World Order, any change of something existing or introduction of something new, is reform!

For a broad question (for any topic) which say would be "effectiveness of law reform regarding contemp issues" - do we have to discuss all the contemp issues??

Nah, you could choose a couple

Any ideas of what to focus on for the Human Rights ext. response?

It depends a bit on what the question is too! Make sure you are answering whatever question is in front of you

Hey guys I was wondering if resolutions and the impositions of sanctions by the UNSC could be considered reform? I want to talk about it in terms of the Iran nuclear deal
Thanks:)

Yep

hey guys, just making sure, is the use of soft-force in international affairs a non-legal mechanism in achieving world order?? thanks 

It is probably more appropriately called a legal mechanism since it would be guided primarily by the UN - Is that the sort of thing you mean?

Hey Guys!!
Does anyone know 2 other points I could use for a crime essay about issues of compliance/non-compliance??
All I can think of is bail laws and the compliance of offenders in terms of breaching 'conditions'!!
tks

Sentencing decisions and whether they discourage recidivism, and LEPRA (whether police have enough powers to enforce compliance)

Hey guys another question- how could the development of R2P be seen as part of law reform for world order? Thanks!

R2P is a shift away from a heavy focus on state sovereignty and shifting to a recognition that, in some cases, you need to intervene to protect human rights and maintain peace and security

[Vinnnnnnyyyyyy]

12 Daniel,   a   14-year-old,   is   convicted   of   a   public   order   offence.   This   is   his   first   recorded   
conviction.   
Which   of   the   following   is   the   most   likely   penalty   for   Daniel?
(A)    Caution
(B)    Warning
(C)    Probation
(D)    Community   service

Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?

EDIT
2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor

Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'

I'd have to assume since the question says he's already been convicted, the only answer can be D as it is a penalty(?). Might want someone else to clarify.

I don't know the answer to your 2nd question. I have always just accepted it to be the judge haha

[paigek3]

So Jamon, could this be an okay structure for World Order?

- introduction of the un charter
- unsc resolutions
- state soveringty’s impact on limiting the effectiveness of reform

[jamonwindeyer]

hi, i just wanted to know is bail granted/refused at the commital hearing, or if not then, when and how? thanks

It is a separate hearing held in a Local Court before the committal hearing, to my understanding

if an essay is on the effectiveness of legal and non legal responses do you need to focus on legal/non legal responses equally?

You can have a slight tendency towards legal

Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.

Cheers, Wales

Quality over quantity - I like to see a minimum of 3

Just wondering if we got crime prevention for the essay. Would we be able to stretch it and talk about deterrence at all? If so, do you reckon deterrence falls under situational or social?

Yes, and it would be social usually but perhaps situational if there is an actual process that makes it more difficult for them to commit a crime again

what points could you do for a world order essay on law reform?

Pretty much anything! Any change or addition to how we respond to World Order is a reform

[Vinnnnnnyyyyyy]

How would you show the marker you are addressing compliance and non-compliance? Do you constantly use the words "comply" and "does not comply", etc?

[kiiaaa]

hey
i was wondering can compliance and cooperaiton be used interchnageablely in legal studies
thanks

[rodero]

I'd have to assume since the question says he's already been convicted, the only answer can be D as it is a penalty(?). Might want someone else to clarify.

I don't know the answer to your 2nd question. I have always just accepted it to be the judge haha

Oh my gosh your explanation on the first one just gave me that major epiphany moment. Thank you! Completely forgot that warnings and cautions are under alternatives, so I was confused them with penalties that are under sentencing and punishment

[jamonwindeyer]

12 Daniel,   a   14-year-old,   is   convicted   of   a   public   order   offence.   This   is   his   first   recorded   
conviction.   
Which   of   the   following   is   the   most   likely   penalty   for   Daniel?
(A)    Caution
(B)    Warning
(C)    Probation
(D)    Community   service

Does anyone else feel as though this is a really controversial question? The answer is D according to BOSTES. However, there are 2 types of public order offences; Swearing in public would be a lower order public order offender, which would result in a caution. But then there is also the more serious ones such as an affray. The question doesn't really specify what type of public order offence he has commit, so how are we supposed to know it's D? I guess the textbook only really goes into detail of an affray and a riot, so are we supposed to just assume it's been one of those?

They've been convicted which means it couldn't have been a Warning or a Caution, you don't have a conviction there. D is the better answer of the remaining

EDIT
2 Who decides a question of law in a criminal case in the NSW Supreme Court?
(A) The jury
(B) The judge
(C) The defence
(D) The prosecutor

Umm okay now im starting to freak out. How is the answer B? I thought jurys were present in the Supreme Court, and the question of law that they are answering is whether the case has been proven 'beyond reasonable doubt'

Question of law means a legal technicality, explaining how the law works with regard to a given scenario, not whether they are guilty or not. That is the judges role, to explain questions/technicalities of law to the untrained jury

So Jamon, could this be an okay structure for World Order?

- introduction of the un charter
- unsc resolutions
- state soveringty’s impact on limiting the effectiveness of reform

Yep!

[elysepopplewell]

Anyone got a guide as to how many Laws/Cases/Media should be included per paragraph? I've got ranging from 1-2 to up to 5 per paragraph. Planning on doing 4 paragraphs + Intro/Conclusion for my Crime, Family and Shelter essay.

Cheers, Wales

It entirely depends on your essay structure. If you're doing a case per paragraph, so looking at the effectiveness of something as applied to different cases, then obviously you're going to do one case per paragraph and cite the relevant legislation where it's a thing. If the question is about law reform achieving justice - you might look at one piece of legislation per paragraph and talk about the reform, which cases brought the reform, and the media, etc. If your question is about non-legal and legal measures, then you're more likely to find yourself a bit more lost because the question doesn't lend itself to a specific structure as much in terms of cases and legislation, so that's when you need to plan your essay (even if just in your head) a little more to make sure you are ticking everything off. Your structure as you've presented above sounds great, and I'm sure there's plenty there to work with

Edit: tried to post this like three times and it kept coming up with someone else has posted, I might need to review my response hahaha

[jamonwindeyer]

How would you show the marker you are addressing compliance and non-compliance? Do you constantly use the words "comply" and "does not comply", etc?

Yep, or synonyms

hey
i was wondering can compliance and cooperaiton be used interchnageablely in legal studies
thanks

Compliance means obeying, so it is a little different to cooperation which implies equality (two nation states working together, for example, versus obeying a UN sanction)

[paigek3]

How good is the legal community <3 keen for the huge discussion post-exam!

Fingers crossed the hsc gods are kind to us tomorrow aka don’t ask international crime or young offenders

[kiiaaa]

hey guys
i was wondering - does sanction sfall under the use of force or persuation?
lol im sooo confused

thank you

[hansolo9]

Hey

For world order, what are some good points/arguments to make about rules regarding hostilities or international humanitarian law?
Kinda stumped on this one with legislation or treaties other than Hague/Geneva C.