VCE Legal Studies Question Thread

[Poet]

Hi MissSmiley!

I'm inclined to agree with you on the "disabled people" aspect of this question. In our class, we went through a case on a woman with a speech impediment and a mental disability that affected her ability to communicate what she had been through as a victim... If you think through the total lack of ability to express herself and defend herself in an examination in court, even getting to a trial that she could properly understand... This could definitely be an example.

Others might include refugees, homeless individuals, or people with a lack of education who may not be able to understand many of the technicalities in law, those who may have a job but cannot afford a proper lawyer. You just have to delve deeper to find some situations where the courts are put in a precarious situation where they may try to help, but find it impossible.

[MissSmiley]

Hi MissSmiley!

I'm inclined to agree with you on the "disabled people" aspect of this question. In our class, we went through a case on a woman with a speech impediment and a mental disability that affected her ability to communicate what she had been through as a victim... If you think through the total lack of ability to express herself and defend herself in an examination in court, even getting to a trial that she could properly understand... This could definitely be an example.

Others might include refugees, homeless individuals, or people with a lack of education who may not be able to understand many of the technicalities in law, those who may have a job but cannot afford a proper lawyer. You just have to delve deeper to find some situations where the courts are put in a precarious situation where they may try to help, but find it impossible.

Thanks a lot secretly_a_poet !
Yeah, because the homeless, refugees and other low-socioeconomic groups of people may find it hard to afford legal representation, let alone knowing that they can give evidence as a vulnerable witness
(and obviously their lawyer will guide them in applying for this, but no lawyer means disadvantage)
So yeah, I agree with what you said!

Thanks so much!

[Poet]

All good! 

I would be wary, however, of giving examples that could potentially be picked up by Victorian Legal Aid and/or Community Legal Centers. For example, VLA's website and phone information. Maybe look up duty lawyers as well? I only have a shallow knowledge of these kinds of help for disadvantaged individuals, and there is a lot of technical information and specific circumstances, but it looks like you would have to talk about extreme situations where only limited help could be given through any of these extra programs and institutions. Do you have the Justice and Outcomes Unit 3 & 4? Chapter 4.1 talks all about this. 

[MissSmiley]

All good! 

I would be wary, however, of giving examples that could potentially be picked up by Victorian Legal Aid and/or Community Legal Centers. For example, VLA's website and phone information. Maybe look up duty lawyers as well? I only have a shallow knowledge of these kinds of help for disadvantaged individuals, and there is a lot of technical information and specific circumstances, but it looks like you would have to talk about extreme situations where only limited help could be given through any of these extra programs and institutions. Do you have the Justice and Outcomes Unit 3 & 4? Chapter 4.1 talks all about this. 

True! Good point!
No! I use the Cambridge Making and Breaking the Law one
But I get the idea of how disability and refugees or anyone with a language barrier can find it hard to find an interpreter as well

Thanks so much!

[madhu04]

Hey guys,

Can someone please help me with the following question?

Outline one way in which the legal system attempts to provide fairness for victims. In your answer, refer to the Victim's charter?


Thank you

[Poet]

hey madhu04,

Do you have the Justice and Outcomes 3 & 4 Oxford book, or the Cambridge one? Oxford refers to the Victim's Charter in chapter 3.5., pg. 64-.

[madhu04]

hey madhu04,

Do you have the Justice and Outcomes 3 & 4 Oxford book, or the Cambridge one? Oxford refers to the Victim's Charter in chapter 3.5., pg. 64-.

I have the Oxford one but that question is not from the textbook

And also this question is confusing me: Discuss three factors that affect whether the principles of justice are met in a criminal case.


Thank you

[Poet]

Well, the principles of justice include fairness, equality and access, aren't they?
So factors to affect them might include the rights of disadvantaged people who find it difficult to access the court due to a disability or other impairment. Equality may be affected by any biases according to age, gender, sexuality, religion, ethnicity, cultural background, etc., and fairness may be difficult in cases where one of the parties may not have a full understanding of court proceedings or possible defenses, etc.

Does that make sense? It might be a little confusing, so just ask if you need clarification. 

[madhu04]

Well, the principles of justice include fairness, equality and access, aren't they?
So factors to affect them might include the rights of disadvantaged people who find it difficult to access the court due to a disability or other impairment. Equality may be affected by any biases according to age, gender, sexuality, religion, ethnicity, cultural background, etc., and fairness may be difficult in cases where one of the parties may not have a full understanding of court proceedings or possible defenses, etc.

Does that make sense? It might be a little confusing, so just ask if you need clarification. 

Oh ok, I think I get that!! It was for 6 marks, so that means I think I just need to explain it a bit deeper...

Thank you so much!

[Poet]

NP! If it's worth 6 marks, I would give two examples per principle. Good luck! <3

[meganrobyn]

Explain how the position of the Magistrates' Court in Victoria's court hierarchy will affect the offences that it can hear.

Could I talk about how because it's the lowest court, it cannot hear appeal cases?
Also the fact that because it's the first court in the hierarchy every summary offence (and indictable offence heard summarily) would be heard here and because majority of the offences are summary offences, then this creates time pressure for the court? And it's likely that some cases would be paid less attention that what is needed for them? (just because there's such a strict time limit for every case)

Just a reminder here to make sure you're answering the question. It is true that the MC can't hear appeals, but that's not relevant to the types of offences it can hear - appeals aren't offences. It's also true that it tries to hear matters quickly, but that's not what the question is asking.

Really, the question is only asking about categories of offences. The MC is on the bottom of the hierarchy, which means it hears the least serious offences (SO and IHS).

[MissSmiley]

Just a reminder here to make sure you're answering the question. It is true that the MC can't hear appeals, but that's not relevant to the types of offences it can hear - appeals aren't offences. It's also true that it tries to hear matters quickly, but that's not what the question is asking.

Really, the question is only asking about categories of offences. The MC is on the bottom of the hierarchy, which means it hears the least serious offences (SO and IHS).

Great! Thanks a lot for clearing this up, meganrobyn!

[madhu04]

Hey guys,

Anyone can help me with the following question! I know it's late already but I really need help for my SAC tomorrow! Thanks

How does the victim's right to be informed about the likely release of the accused, achieves principles of justice?


Thank you!!

[Poet]

Oh no! I didn't see this!
I'm really sorry I missed you last night, madhu04!! I hope you got an answer, and that your SAC went alright... But, if you didn't figure it out, here's my answer to your question (I have my SAC tomorrow on the same issues, so I'm only a day behind!):

The victim's right to be informed about the likely release date of the accused achieves the principles of justice by ensuring that the information between the accused and the victim of the crime is equal; both know about the likely release date, as is the accused's and the victim's rights. It's fair; the victim is given time (at least 14 days before the accused's release date, if listed on the Victim's Register) to understand and act on the fact that the accused will be a member of society once again. The victim is also given access to the system through the protection given to them by the law and the explicit knowledge of their rights if they are ever confronted by or in the vicinity of the accused again.

Sorry again for missing you.

[Poet]

Hey friends,

I have a question of my own I've been struggling with:

"Describe the protections afforded to vulnerable witnesses in criminal cases involving sexual offences and family violence offences. In your answer, explain how this right upholds one or more of the principles of justice. (5 marks)"

The 'protections' are a victim's rights, aren't they, when is person is a victim of a sexual/family violence offence? So do I just describe some of the rights given to vulnerable witnesses and show how that relates to the principles of justice, or have I got it all wrong?