Legal Studies Exam: Discussion and Suggested Answers

[jamonwindeyer]

Sorry Jamon, I shouldve been more specific.

When I said content I meant like non-contemporary issues as in the purchasing and leasing of shelter and the issues that come with it. I analysed/evaluated these by writing about reforms and why/how the law changed to achieve justice. I also wrote about 3ish contemporary issues but since I also wrote about "content issues" as in non-contemporary issues I was wondering if that would be considered as not answeing the q. The q itself said with reference to atleast 1 contemporary issue so I took it as u must include a solid dicussion about contemporary issues but there is also a wide scope to talk about more structural/long term issues which are not necessarily contemporary such as the need for greater regulation in tenancy agreements to ahcive justice.

Thanks

I'd wager you will be okay provided you linked it all together

[Anfar3]

Was the intended q purely based on contemporary issues,? if so im a bit worried. But regardless I know I defs answered the q in both contemporary and non contemporary issues.

[littleshreep]

I think you would have been ok maybe, I spoke about bail and then about trrrosim laws (with case of Mohammed haneef) and then in the last paragraph I spoke about sentencing because it did address this statement with regard to the criminal justice system so I took it to mean the tension was prevalent throughout the CJS. But then again maybe i should have just limited to bail!:/

I think many people struggled with that... personally, I also was stumped with the initial 'statement' we had to work with, but then looking at the second part of the question where it asked to assess this with reference to the criminal justice system, it seemed necessary to provide a more well-rounded argument than one just focused on bail and remand (where there wouldn't be too much, or at least not a whole essay, to talk about anyway).

[jamonwindeyer]

Was the intended q purely based on contemporary issues,? if so im a bit worried. But regardless I know I defs answered the q in both contemporary and non contemporary issues.

I think it was one of those ones where they probably intended it to be contemporary issues, but doing additional stuff would still fulfil their criteria to score highly

I think many people struggled with that... personally, I also was stumped with the initial 'statement' we had to work with, but then looking at the second part of the question where it asked to assess this with reference to the criminal justice system, it seemed necessary to provide a more well-rounded argument than one just focused on bail and remand (where there wouldn't be too much, or at least not a whole essay, to talk about anyway).

Yeah, and this is why I think both will ultimately end up okay. The ones who stuck with bail will probably integrate the statement more effectively, but the ones who go wider would probably be able to provide a great breadth of analysis, so all should balance, very possible to get 15/15 either way

[inescelic]

Hi, can I get some thoughts on my crime essay points?
I understood it as only bail and remand, so I said:
-Firstly under the Bail Act 2013 reform, the accused must prove that they are an "unacceptable risk"-> this places as unfair requirement upon the accused to prove that they are not a risk. Bail may also not be fair for those who are financially disadvantaged, as they may be kept in remand for not being able to pay. In this way, community values for safety have limited the rights of the accused.
- Bail laws have not always protected society's safety while trying to maintain rights of the accused e.g. Man Monis. Also haven't aligned with society's expectations e.g. R v Fesus -> was on bail despite being accused of murder. In this way, the law's aims to protect the rights of the accused have compromised community safety.
- Remand can deprive individuals of their rights to freedom yet higher numbers in remand (according to an ALRC report) can also create tension within society as more taxpayer money is being used to provide these resources for remand centres.
- Political intentions can contribute to the tension between community and individual rights. I mentioned a quote, that politicians "fear that if they can be characterised as going soft on crime, they'll be attacked by their political opponents" and talked about how political agendas can exploit community standards, and lead to laws that are too harsh for the accused.

[jamonwindeyer]

Hi, can I get some thoughts on my crime essay points?
I understood it as only bail and remand, so I said:
-Firstly under the Bail Act 2013 reform, the accused must prove that they are an "unacceptable risk"-> this places as unfair requirement upon the accused to prove that they are not a risk. Bail may also not be fair for those who are financially disadvantaged, as they may be kept in remand for not being able to pay. In this way, community values for safety have limited the rights of the accused.
- Bail laws have not always protected society's safety while trying to maintain rights of the accused e.g. Man Monis. Also haven't aligned with society's expectations e.g. R v Fesus -> was on bail despite being accused of murder. In this way, the law's aims to protect the rights of the accused have compromised community safety.
- Remand can deprive individuals of their rights to freedom yet higher numbers in remand (according to an ALRC report) can also create tension within society as more taxpayer money is being used to provide these resources for remand centres.
- Political intentions can contribute to the tension between community and individual rights. I mentioned a quote, that politicians "fear that if they can be characterised as going soft on crime, they'll be attacked by their political opponents" and talked about how political agendas can exploit community standards, and lead to laws that are too harsh for the accused.

Like your analysis!! Some really clever points, backed up with evidence, sounds like you did really well

[elysepopplewell]

Hi everyone,

NESA has uploaded the exam paper here!

[paigek3]

Just wondering if I would be penalised much for not including any cases in my crime essay, but using PLENTLY of Media, legislation, and even an international document

[elysepopplewell]

Just wondering if I would be penalised much for not including any cases in my crime essay, but using PLENTLY of Media, legislation, and even an international document

Quite often media and legislations indirectly (or directly) refer to cases - especially media. So I wouldn't be too concerned. It's not like you've not provided a supported argument, which is what the criteria asks of you! So it sounds very well supported to me

[inescelic]

Like your analysis!! Some really clever points, backed up with evidence, sounds like you did really well

Guess what Jamon? I did do well.. BECAUSE I FREAKING CAME 13TH IN THE STATE!!!!!! Thank you so much for all your help and for all your willingness to answer my questions! THANK YOU!!

[elysepopplewell]

Guess what Jamon? I did do well.. BECAUSE I FREAKING CAME 13TH IN THE STATE!!!!!! Thank you so much for all your help and for all your willingness to answer my questions! THANK YOU!!

That is just FANTASTIC! You must be beaming!

[jamonwindeyer]

Guess what Jamon? I did do well.. BECAUSE I FREAKING CAME 13TH IN THE STATE!!!!!! Thank you so much for all your help and for all your willingness to answer my questions! THANK YOU!!

AYYYEEE WE GOT THE SAME STATE RANK!! Feeling the connection congratulations my friend!!!

[inescelic]

That is just FANTASTIC! You must be beaming!

Thank you so much Elyse! I definitely am! Thank you for all the work you do on this forum too

[inescelic]

AYYYEEE WE GOT THE SAME STATE RANK!! Feeling the connection congratulations my friend!!!

AYYYYEEEE! Thank you so much! I can't believe it, especially considering that I got bronchitis on the day of this exam!