HSC Legal Studies Question Thread

[rodero]

The syllabus lists periodic detention and that has been replaced by ICOs so that’s what our teacher taught us in place of periodic detention (I’m pretty sure at least). Personally my teacher stressed ICOs heaps and we had quite an in-depth look at the statistics around them, so in many of my essays I include them. Could maybe elyse or jamon clear up if ICOs need to be studied and can be used in an exam?? Because I’m screwed if we aren’t meant to 😅

My notes also say 'Intensive Correction Orders'. Anyway, I'm not Elyse nor Jamon but I'll try to chip in a bit. I think this scenario is pretty similar to what happened in 2015. Basically, the term 'summons' was changed into a 'court attendance order'. However, in Q8 of the multiple choice, it still used the old terminology, so the answer was summons. The exam didn't have any mention to a court attendance order.

The way that this relates to the current situation is that 'periodic detention' has been changed to 'ICOs'. If you were given a scenario and it asked: "What type of penalty has XYZ been sentenced to?", the answer would probably keep the old terminology. However, if you were to bring this up in an essay, I'd assume you could go either way.

hey guys!
what's the difference between a suspended sentence and intensive correction order as a type of punishment? They both look pretty similar :/
Thanks!!

Both a suspended sentence and an ICO allow the offender to resume their personal life. The only difference that I know of, is that an ICO is only available for those who are serving less than 2 years imprisonment.

[jamonwindeyer]

Just confirming - If it isn't in the syllabus, not assessable, and they'll avoid using the new term so nobody gets confused (like rodero mentioned for CAN and Summons)

[paigek3]

Just confirming - If it isn't in the syllabus, not assessable, and they'll avoid using the new term so nobody gets confused (like rodero mentioned for CAN and Summons)

Would I still be able to use it in essays if I say how ICOs replaced periodic detention 

[jamonwindeyer]

Would I still be able to use it in essays if I say how they replaced ICOs 

Yeah absolutely, they just won't require it of you for marks

[Anfar3]

Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks

[fantasticbeasts3]

Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks

hi! i'd address the presumption of innocence as part of the criminal trial process because the question calls for it. i don't think presumption of innocence is part of the criminal investigation process because you don't determine guilt or innocence through investigating crime - someone correct me if i'm wrong. bail is prior to trial, and the bond is paid as a guarantee the accused will go to court.

hope this helps - best of luck with your hsc,
fantasticbeasts

[MisterNeo]

Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks

You could talk about the “right to remain silent” which is based on you presumption of innocence. The police can’t make you talk, and it leads to less evidence being obtained to prove the case beyond reasonable doubt. Maybe you could argue that this right also leads to innocent people being perceived as “hiding something” and can lead to them being convicted by the jury.

[rodero]

Hey guys!
Just need some advice on how to go about answering this question

"the presumption of innocence, and other aspects of the trial process, make it too difficult for a guilty offender to be convicted"
Discuss this statement in relation to the NSW trial process.

Bit confused with addressing the presumption of innocence part because that's a part of the criminal investigation process with bail i thought?

Thanks

As a discuss question, you need to provide points for and against.

Points for the statement:
Complete defences - The very provision of a defence in court upholds the presumption of innocence. As a result, this makes is more difficult to reach a conviction. Your main cases would probably be consent, especially in sexual assault cases.

Partial defences - This paragraph would follow a similar argument to the complete defence, but you can show a bit more nuance here. You can say how offenders are too easily being convicted of manslaughter due to the defence of provocation. A case where an offender was easily convicted would be R v Singh. So basically, start off agreeing with the statement, then show the other side of it

Points against the statement:
Use of evidence + Juries - You can say how juries are too easily swayed by evidence. This is mainly seen in the case of Farah Jama, where DNA evidence was seen as indisputable. You could even mention what Neo was saying about the right to remain silent under the Evidence Amendment Act 2008, but don't get too sidetracked or the marker will think you're talking about the investigation process (which is wrong)

That's all I can think of for such a tough question. Just letting you know, you actually aren't limited completely to the whole 'presumption of innocence aspect'. The following words "other aspects of the trial process" open you up to a lot more options.

[Anfar3]

Cheers guys!

Also, which non-legal measures are most effective to write aabout in an "Evaluate the effectiveness of legal and non-legal measures in achieving justice" for the Crime topic?

[myyerr]

Cheers guys!

Also, which non-legal measures are most effective to write aabout in an "Evaluate the effectiveness of legal and non-legal measures in achieving justice" for the Crime topic?

You can address the importance of media and situational & social crime prevention

[rachelmassar]

Hey guys!

I was wondering what is the best way to integrate information on the role of the media, particularly for my options Consumers and Family. I don't see it as overly important, and not sure how necessary it is unless specified in a question. If so, could I use my media I have for other issues and reiterate the role of the media from that briefly, rather than having any distinct arguments on the role of the media?

Thanks

[caitlinlddouglas]

hey guys i was just trying to talk about the effeectiveness of the UN as a promoter and enforcer of HR, and i was wondering if i could basically say that the General Assembly is a good promoter, but has no ability to enforce HR, whilst the UNSC whilst limited in its effectiveness due to the power of veto held by its five permanent members is a better enforcer than promoter of HR?
Do i need to bring the HR council into this part about the UN, or do i talk about that as an intergovernmental organisaiton

Thanks!!

[fantasticbeasts3]

Hey guys!

I was wondering what is the best way to integrate information on the role of the media, particularly for my options Consumers and Family. I don't see it as overly important, and not sure how necessary it is unless specified in a question. If so, could I use my media I have for other issues and reiterate the role of the media from that briefly, rather than having any distinct arguments on the role of the media?

Thanks

hello! i don't do those options, but i usually incorporate information on the role of the media under non-legal responses. there's not really an argument for the role of the media like they just bring attention to the issue they're talking about, so there's not an awful lot to write about on the role of the media as an actual mechanism.

hey guys i was just trying to talk about the effeectiveness of the UN as a promoter and enforcer of HR, and i was wondering if i could basically say that the General Assembly is a good promoter, but has no ability to enforce HR, whilst the UNSC whilst limited in its effectiveness due to the power of veto held by its five permanent members is a better enforcer than promoter of HR?
Do i need to bring the HR council into this part about the UN, or do i talk about that as an intergovernmental organisaiton

Thanks!!

hi! yea, the UN is a great promoter of HR, but can't enforce anything. you've pretty much got it down pat! i think it's okay to bring the HR council in with the UN - at the end of the day, the UN, and by extension, the HR council is an intergovernmental organisation anyways.

best of luck for your hsc guys,
fantasticbeasts

[caitlinlddouglas]

hello! i don't do those options, but i usually incorporate information on the role of the media under non-legal responses. there's not really an argument for the role of the media like they just bring attention to the issue they're talking about, so there's not an awful lot to write about on the role of the media as an actual mechanism.

hi! yea, the UN is a great promoter of HR, but can't enforce anything. you've pretty much got it down pat! i think it's okay to bring the HR council in with the UN - at the end of the day, the UN, and by extension, the HR council is an intergovernmental organisation anyways.

best of luck for your hsc guys,
fantasticbeasts

Thanks!! Am going to need it haha

[Neilab]

I posted in a seperate thread but seeing as this one is used more often i thought i'd chuck it in here

Just wondering what the predictions are for this years HSC? My school does Family Law and World Order as options but feel free to share what you think will be asked for the other ones too!!

My Teachers have predicted the following!

Crime
- Law Reform
- something on 'the nature of crime
- effectiveness of social/situational crime prevention
- compliance and non compliance

World Order
- Compliance and non compliance
- International Humanitarian Law (as one of the contemporary issue questions)

Family Law
- Care and Protection of Children
- Compliance and non-compliance
- Law Reform

Human Rights (they aren't too sure)
- changing moral and ethical values

Let me know what you guys are thinking