HSC Stuff > HSC Legal Studies
Legal: Media Library!
elysepopplewell:
I think this SMH article is great for talking about evidence and juries - This article has links to a few great case studies as well as other good resources. Definitely worth a read!
caninesandy:
Extended Joint Criminal Enterprise - doesn’t require the same level of proof and is therefore controversial [Common law]
“two or more people agree to commit a crime such as an assault and one member of that group commits a more serious crime such as murder, the other parties to the original agreement can be guilty of murder if they foresaw the possibility that the more serious crime would occur.”
FOR → “allows for a prosecution to achieve a conviction”, to DETER participation of group crime activities (“hoped” such as “assaults”).
AGAINST → prosecution need only to “make an argument for the conviction of individuals for a particular crime, in this case murder, even without having to establish against them that they had been responsible for the acts causing death, or indeed they had the mens rea for the crime of murder.”
Secondary participants has less mens rea than Primary
Prove “foresight” not intent
“Foresight is not the same as intent”
I'm not sure where you could use this but maybe in Crime somewhere (?)
jamonwindeyer:
--- Quote from: caninesandy on October 26, 2016, 10:14:07 pm ---Extended Joint Criminal Enterprise - doesn’t require the same level of proof and is therefore controversial [Common law]
...
I'm not sure where you could use this but maybe in Crime somewhere (?)
--- End quote ---
Awesome find caninesandy!! Thanks for sharing! Not long till the exam now :o
isaacdelatorre:
Hey guys, hope all you legal eagles are ready to get back into study :)
Here is an article titled 'Sniffer Dogs: False Positive and Limits to Police Power' by Sydney Criminal Lawyers (give a bit of variety as opposed to everything being from SMH, the guardian etc) outlining the issues with sniffer dogs.
This could be particularly useful for the dot point gathering evidence in the investigation process of Crime and especially to help reinforce Darby v DPP 2004.
This article also references the NSW Ombudsman “Review of the Police Powers (Drug Detection Dogs) Act 2001” which you can also use in an essay to show criticism of the current evidence gathering procedures.
Interesting points that you can quote in an essay include:
These dogs were introduced ... to catch drug suppliers, but have failed dismally to meet their stated objective ... led to tens of thousands of innocent people being subjected to invasive searches, while failing to deter drug dealers or users.
Government statistics suggest that more than two out of every three searches are ‘false positives’ – where the dog indicates the presence of drugs but none are found.
2007 – 2013
Searches: 103,476
Drugs found: 33,105
Accuracy: 32%
Hope this helps :)
rodero:
Hi,
For police powers, i'm not sure if this has been said yet as I was just skimming over responses, but I think the Roberto Curti Case is good looking into rising tension within society
http://www.smh.com.au/nsw/police-used-excessive-unnecessary-unlawful-force-on-brazilian-student-roberto-curti-court-hears-20141117-11o3tr.html
For bail, the Steven Fesus case links well with balancing rights of offenders, victims and society as the media article (http://www.smh.com.au/nsw/steve-fesus-bail-reasons-revealed-by-judge-following-outcry-20140618-zsd6d.html) shows a lot of conflicting perspectives. In particular, Ken Marslew states "Imagine having lost a loved one and then seeing the person accused of their murder out on bail, walking freely. It's a slap in the face to anyone who has lost a loved one in those circumstances.''
For partial defences such as provocation, Insight's episode 'Provoked' features Phil Cleary, who says "If you're gonna argue that provocation is based on a woman allegedly having an affair, women are dead women walking". This episode was in response to the case R v Singh.
I hope these help :)
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