VCE Stuff > VCE Legal Studies
Crimminal procedure
Aye Bay Bay:
To what extent does the trial process used to hear an indictable offence in the county or supreme court contribute to the effective operation of of the legal system?
hard:
in this sort of q you should outline that county and supreme hear indictable offenses so would require a jury. Then talk about how pre-trial procedures would mean effective methods of dispute resolution which is a factor contributing to an effective legal system due to parties understanding their weaknesses and strengths, also possible guilty pleas as a result.
Also as a result of using the jury, it upholds the notion that rights and liberties of individuals are upheld because a jury is supposed to be a cross-representational judgment of an accused etc etc.
then expand and bring more points up.
xox.happy1.xox:
There are 4 main procedures which contribute to the effective operation of the legal system. The first one refers to the entitlement to a fair and unbiased trial, the next one refers to the timely resolution of disputes, the next one refers to the access to mechanisms in the legal system and the last one refers to the recognition of prevailing values and basic human rights. I think you should learn 2 or more for the exam, but they all contribute to the effectiveness of the legal system in different ways.
In a fair and unbiased hearing, you can argue about the judge being fair and impartial, and how each party is represented equally with the need for legal representation. In the timely resolution of disputes, you could discuss the fact that no breaks are taken in order to ensure that trials are not lengthy, and pre-trial procedures which are employed by the parties, may not even need the added burden of taking their trial to court, and hence, can get their dispute resolved much quicker.
The rest, I'm sure you can figure out! ;)
hard:
i'm pretty sure you need to know all of them, although depending on the marks allocated you probably won't discuss all.
costargh:
For questions regarding FART, you should know all of FART and not just be able to discuss 1 or 2 of them. This is because, depending on the question, the ones you prefer to discuss may not be relevant plus sometimes in exams (not just legal) they can say, Other than a Fair and unbiased hearing....
In other words, know them all, be confident in them all, and know how to apply them to differnt questions/stimulus material.
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