HSC Legal Studies Question Thread

[fantasticbeasts3]

Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?

whaaat i would've put d! in my notes, piracy is listed under crimes against the international community... super confused now. human trafficking is a transnational crime. piracy only refers to pirates, not the internet

[rodero]

Hey everyone,

Considering how closed off Family Law matters are, how exactly do we cite cases? Media articles I find usually just say... "The husband..." or something similar.

If we mention that we're using a pseudonym, is that okay?

[fantasticbeasts3]

Thank you!!

Also, does anyone know whether the ICCPR and the ICESCR have been enacted into Australian legilsation?
Thanks!!

there are some rights in the iccpr that are already in the constitution, e.g. voting so you could say that's already been enacted into australian legislation. the icescr has been ratified by australia, but not incorporated into the laws here.

[elysepopplewell]

Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?

This is an odd question. The reason being, sex trafficking can definitely be a transnational crime - although it is not always. Sex trafficking can happen within countries as well.

Here is the definition of trafficking as provided by the [url=https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html]UN's Office on Drugs and Crime:
What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. So there's no mention of it specifically being about being taking from one country to another, but just being taken from one place to another, even in country.

So we can see this isn't ALWAYS transnational, as it can happen within country.

Whereas piracy, by nature, happens in seas that cross borders or are on international waters. So piracy, at it's core, has a transnational element. But sex trafficking, although given to students as one of the most pertinent examples of transnational crimes, can happen within borders.

So if I was in an exam, I probably would be quick to put the answer as D. But, piracy is the better answer because it has a closer tie to transnational discourse, whereas sex trafficking can happen within borders, or across. Definitely a tricky question, I can safely say I'm pretty sure I would be caught out on it in an exam!

[elysepopplewell]

Hey everyone,

Considering how closed off Family Law matters are, how exactly do we cite cases? Media articles I find usually just say... "The husband..." or something similar.

If we mention that we're using a pseudonym, is that okay?

That's definitely ok. Your markers appreciate the difficulty in citing Family Law cases given their very nature. Occasionally you will need to use these pseudonyms, or sometimes even more cryptic than that, but do your best and the marker will understand and reward the difficulty off even locating these cases, then citing them!

[JD99]

there are some rights in the iccpr that are already in the constitution, e.g. voting so you could say that's already been enacted into australian legislation. the icescr has been ratified by australia, but not incorporated into the laws here.

ok thanks for that!

I've been looking at a summary of the ICESCR and there are a few bits that I definitely think would have been enacted, including the right to form and join trade unions and the right to strike, as well as the right to education....?

Also, in an essay, would it be correct to say that 'although some of the rights within this Covenant have been enacted, it should be fully enacted by the Australian government'??

Thanks again!

[jamonwindeyer]

Hi could someone please explain this MC for me?
Which of the following is an example of transnational crime?
A. Piracy
B. Torture
C. Genocide
D. Sex trafficking
The answer is A, but what makes D not fully correct? I thought that human trafficking was a type of transnational crime too? Also, in exams, how do you know if they are referring to piracy (pirates) or internet piracy? And are they both transnational or not?

To weigh in here (same as Elyse's thoughts), the most correct answer is definitely A. Sex trafficking is synonymous to human trafficking, which can be considered to be a crimes against humanity. There was a resolution adopted by the UN in 2008 which stated:

“rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"

It's tough because there is currently no codification of what a crime against humanity is, it's mostly international customary law, so definitely a grey area. But yeah, agree with El, D could be correct depending on how you look at it but A is definitely correct, so go with A

[fantasticbeasts3]

ok thanks for that!

I've been looking at a summary of the ICESCR and there are a few bits that I definitely think would have been enacted, including the right to form and join trade unions and the right to strike, as well as the right to education....?

Also, in an essay, would it be correct to say that 'although some of the rights within this Covenant have been enacted, it should be fully enacted by the Australian government'??

Thanks again!

the icescr was ratified by australia in 1975, but i think some rights like the ones you've listed were already part of legislation. the right to education i'm a bit unsure about after doing a google search , but there is this sight by the australian human rights commission if you want to check it out -
 https://www.humanrights.gov.au/right-education the industrial relations reform act 1993 should have stuff about trade unions, striking and what not

i'm not sure about that last statement though, maybe elyse and/or jamon can help you out?

[inescelic]

This is an odd question. The reason being, sex trafficking can definitely be a transnational crime - although it is not always. Sex trafficking can happen within countries as well.

Here is the definition of trafficking as provided by the [url=https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html]UN's Office on Drugs and Crime:
What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. So there's no mention of it specifically being about being taking from one country to another, but just being taken from one place to another, even in country.

So we can see this isn't ALWAYS transnational, as it can happen within country.

Whereas piracy, by nature, happens in seas that cross borders or are on international waters. So piracy, at it's core, has a transnational element. But sex trafficking, although given to students as one of the most pertinent examples of transnational crimes, can happen within borders.

So if I was in an exam, I probably would be quick to put the answer as D. But, piracy is the better answer because it has a closer tie to transnational discourse, whereas sex trafficking can happen within borders, or across. Definitely a tricky question, I can safely say I'm pretty sure I would be caught out on it in an exam!

Ahh ok. Thank you for your help!

[inescelic]

To weigh in here (same as Elyse's thoughts), the most correct answer is definitely A. Sex trafficking is synonymous to human trafficking, which can be considered to be a crimes against humanity. There was a resolution adopted by the UN in 2008 which stated:

“rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide"

It's tough because there is currently no codification of what a crime against humanity is, it's mostly international customary law, so definitely a grey area. But yeah, agree with El, D could be correct depending on how you look at it but A is definitely correct, so go with A

Thank you so much Jamon!

[inescelic]

whaaat i would've put d! in my notes, piracy is listed under crimes against the international community... super confused now. human trafficking is a transnational crime. piracy only refers to pirates, not the internet

Confusing I know right! I think Elyse and Jamon's comments have cleared it up though

[inescelic]

hi! i did a quick read of this essay (i've also done this question before). i'm also no marker so my feedback is not the best but overall it was a really great essay! you integrated all the indigenous peoples case studies really well and i liked how you incorporated the contemporary issues. is that first paragraph your introduction? if so, that was REALLY long and usually should be 5-10 (maybe a little more than 10) lines handwritten. you don't have to include a definition on indigenous peoples and who they are, or a full definition on state sovereignty, because the marker already knows that. just mention what state sovereignty is in a concise manner and explain how it limits or recognises the rights of indigenous peoples.

i'm so sorry about the rant on the introduction but other than that, it was a really great essay. also, if you can write all of that in 45 minutes, you're amazing.

No no its ok! Thank you very much for your advice! Yeah I actually wasn't planning to write that much (esp in the intro haha) it was more about including information that could be used for a range of questions without writing whole new essays

[ash_mcalpine]

Hey there, So i have my trials coming up and i had a couple questions about how to best study. So currently, I have notes on the syllabus for crime and human rights etc. And I was thinking for both the option essays, to make just a massive scaffold of potential questions, with legislation, cases and media articles?

Thanks

[fantasticbeasts3]

Hey there, So i have my trials coming up and i had a couple questions about how to best study. So currently, I have notes on the syllabus for crime and human rights etc. And I was thinking for both the option essays, to make just a massive scaffold of potential questions, with legislation, cases and media articles?

Thanks

if you have time, past papers are the best way to study. however, if you're cramming, just memorising your LCMs are great, or writing out essay plans. ☺️

[oliviamarie]

Hi!

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