help ahaha (1 Viewer)

MiuMiu

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Objective: the facts, how it is, to the point

Subjective: things that might leave it open to interpretation..

What is it in reference to and I can help you more?
 

FLR-IT

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Factors affecting the sentencing decision

Circumstances of the offence (objective features)
"in order to punish the accused the judge or magistrate needs to know the objective circumstances of the offence..."

Circumstances of the offender (subjective features)
...
 

MiuMiu

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Ah ok yeah, what I said above. Circumstances of the offence are objective: what exactly happened (ie what the act was, how violent it was etc)

Circumstances of the offender are subjective: the offender may be a juvenile or from a low socio-economic area, and the judge will look at this to determine a suitable punishment (ie for juveniles they would give a sentence that aims to rehabilitate rather than retribute)
 

FLR-IT

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one more!! while i still have ur attention :)

factors to be considered when evaluating the effectiveness of law in achieving justice:

-for society: resource effeciency, law as a reflection of community standards and expectations, opportunities for enforcement, appeals and review, balance of individual rights and values and community rights and values

could u plz tell me wat it means or put it in simpler terms

i have the new macquarie revision book which summarises it up really nice, but the problem is my understanding of it is still a little dodgy and i just noticed that there is this same dot point for all the options

any how, thx alot u've been great help, if u wont do this then looks like ill be turning to the advice lines ;) Cheers
 

MiuMiu

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Yes the Macquarie book is very good.

Resource effeciency: how well law enforcement agencies and agencies of redress are used (eg have police got their priorities straight?)

Law as a reflection of community standards: does the law reflect societies' beliefs (eg laws regarding same-sex couples)

Opportunites for enforcement: is the enforcement of law effective and efficient (see number 1)

Balance of rights: does it look after the individual as well as the community?
 

dandaman

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technically back there, the subjective features would include how violent it was as it includes mitigating and aggravating circumstances..

also, does the Macquarie have consumers or workpalce law in it?
 

MiuMiu

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No in this case subjective features are those of the offender. Violence is included in objective because it is still a part what actually happened. However you are right, in considering the objective features they will also consider both aggravating and mitigating factors (i.e. did the offender show any remorse after commiting the crime or was it out of cold blood?)
 

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