2011 legal studies crime essay (1 Viewer)

powlmao

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Explain the tensions between community interests and individual rights and freedoms within the criminal justice system.



I have no clue what to write. Such a open question. What would you do
 

Politic

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Explain the tensions between community interests and individual rights and freedoms within the criminal justice system.



I have no clue what to write. Such a open question. What would you do
Not what would I do - what did I do i.e. I sat the 2011 HSC in Legal Studies. :)

I integrated the major sections of Crime into one essay - I chose 4 and did a lengthy paragraph for each along with intro and conclusion, some demonstrating the law favouring community interests over individual rights/freedoms, and others demonstrating the law favouring individual rights/freedoms over community interests. My evaluation was that the former is more prevalent in the criminal justice system than the latter and that this is an issue the law needs to respond to through positive law reform, rising above the media's exaggeration of the law in practice and the usual state election law and order race to the bottom. Make sure you get at least into the second 3 page booklet too. Follow appropriate paragraph structure to allow yourself to evaluate the legal contexts of the criminal justice system you deal with - it wouldn't hurt to throw in some evaluation terms you learnt in the prelim course. Good luck - do all these steps in your own way and your on your way to a band 6 like I got.
 

enoilgam

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Not what would I do - what did I do i.e. I sat the 2011 HSC in Legal Studies. :)

I integrated the major sections of Crime into one essay - I chose 4 and did a lengthy paragraph for each along with intro and conclusion, some demonstrating the law favouring community interests over individual rights/freedoms, and others demonstrating the law favouring individual rights/freedoms over community interests. My evaluation was that the former is more prevalent in the criminal justice system than the latter and that this is an issue the law needs to respond to through positive law reform, rising above the media's exaggeration of the law in practice and the usual state election law and order race to the bottom. Make sure you get at least into the second 3 page booklet too. Follow appropriate paragraph structure to allow yourself to evaluate the legal contexts of the criminal justice system you deal with - it wouldn't hurt to throw in some evaluation terms you learnt in the prelim course. Good luck - do all these steps in your own way and your on your way to a band 6 like I got.
This is pretty much how you should be doing it if you want a band 6. However, I dont think an analysis or judgement is necessary for this question - just explain the tensions and why the exist as opposed to making a judgement as to which is more prevelant. You wont lose marks if you make a judgement, but it might cause you to stray a bit too far from the purpose of the question.

For a 15 mark question, I would be aiming to explain 3 to 4 points of tension between individual rights and community interests.
 

acemusic415

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I remember this question from the 2011 HSC Legal exam. It was actually pretty good as it allowed you to explore any dotpoint of the crime syllabus you want. I mainly delved into sentencing and punishment as a great deal of content within that dot point contrasts individual freedoms and community interests. For example, mitigating circumstances may assist the individual and their rights whereas aggravating circumstances assist community interest rather than the individual.
 

powlmao

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I don't like these questions. I always hated open questions. I love closed ones focused on certain dot points.

2nd 3page book?? 6 pages for this?
 

enoilgam

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2nd 3page book?? 6 pages for this?
Well, for the 25 mark essay, its usually recommended that you write 1000 words (approx 8 pages). So for a 15 marker, I'd say you should be aiming to write around 600 words (so around 5ish pages). Of course that isnt absolute, but the absolute minimum you should be writing for this question is 400 words.
 

powlmao

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Oh it's the board of studies books.

I go through those quick.
 

kennyx88

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I remember this question from the 2011 HSC Legal exam. It was actually pretty good as it allowed you to explore any dotpoint of the crime syllabus you want. I mainly delved into sentencing and punishment as a great deal of content within that dot point contrasts individual freedoms and community interests. For example, mitigating circumstances may assist the individual and their rights whereas aggravating circumstances assist community interest rather than the individual.
Well I agree with you on the statement that this question allows you to explore the syllabus dot points. And hmm just out of curiosity, I will be talking about:
1.The Discretion of Police in the system
2.Truth in sentencing
3.Young Offenders and Juvenile Detention (whether it's effective)
4.Plea Bargaining
But I'm still not entirely sure how to hit the question hard... if that makes sense =D
THnx =D
 

kennyx88

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Well, for the 25 mark essay, its usually recommended that you write 1000 words (approx 8 pages). So for a 15 marker, I'd say you should be aiming to write around 600 words (so around 5ish pages). Of course that isnt absolute, but the absolute minimum you should be writing for this question is 400 words.
The question is soo broad hahaha .. maybe I have to start lifting because the teacher is giving us 60mins for a seen question, guess I have to write heaapsss fast -.-''
 

enoilgam

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The question is soo broad hahaha .. maybe I have to start lifting because the teacher is giving us 60mins for a seen question, guess I have to write heaapsss fast -.-''
You just have to be brief - the mistake most students make is they waste too much time with pointless descriptions of various laws and recounting. You just need a solid structure and a consistent thesis in order to ensure that you arent just regurgitating pointless information.
 

kennyx88

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You just have to be brief - the mistake most students make is they waste too much time with pointless descriptions of various laws and recounting. You just need a solid structure and a consistent thesis in order to ensure that you arent just regurgitating pointless information.
Thanks alot =D
 

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Also did this question in the HSC. Threw me at first, had to leave it till the end, but answered it without much difficulty as in reality, it was a very open-ended question.
Talked about the tensions involving police powers - discretionary powers eg. warrants as balancing this in providing warrants acting as a judicial safeguards against police abusing their powers and violating rule of law. - then moved on to mention court processes that try and alleviate the tension and inadequacy that remains thus in regards to the distribution of resources, knowledges and money - evident by Legal Aid (the removal of institutionalised inequality and public defenders, eligibility test) , plea bargaining (pros and cons) and the adversary system (therein focusing heavily somewhat on the criminal trial process)
-->Reinforced argument with a contemporary criminal case ( R v Campbell (2010) where Judge Latham unprecedentedly allowed for media to film the case, purporting Campbell as a 'philanderer' before the passing of the verdict, thereby unfairly influencing the jury's decision, tarnishing the notion of 'open' justice as well as the legal maxim, 'innocent till proven guilty"
Post-sentencing considerations - eg. preventative and continued detention for sex offenders
Young Offenders - the steadfast and current support of the justice model, against the more societally embraced welfare model in honing in on rehabilitation and recidivism - e.g. Youth Justice Conferencing centres - can also talk a bit about circle sentencing and restorative justice

If you wanted to, you could also mention international crime - difficulty of prosecution (ICC, reservations, treaties) and state sovereignty

A very easy question. Was probably lucky I got it.
 

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