Please rate my answer for Legal Studies? (3 Viewers)

[enoilgam]

Do I have to use cases/media reports/legislation for all these types of questions except the "Outline" ones??

You should. Sometimes you should even use them for outline questions, although not as much as you would for an "analysis", "examine" etc.

 

[Phoebe 123]

Ok, I will be mindful of the fact next time. It is really is important it seems. I don't think I realized how important it is until recently.

 

[Phoebe 123]

I am absolutely heartbroken. I had wrote up an essay on "Assess the effectiveness of legal measures in the criminal justice system" and then when I clicked it told me I wasn't logged in, and now all my work is gone

This is the only thing I had safed on a Microsoft World Document was this:

The most effective methods of achieving justice in the criminal justice in place are sentencing, victim's statements, and discretion in all parts of the criminal justice system.

Generally, sentencing can be considered the most effective method. As sentencing ensures the end of the case being debated, the penalty imposed and secured justice. Once the sentencing is over, the victim/s and their families and society are safe. There is no looking back; sentencing is the last step in the criminal investigation process. As the sentence is imposed, incapacitation is then taken place which means the criminal will be removed from society and imprisoned for a lengthily period. Crimes Act 1999 provides general guidelines for sentencing to a judge to impose on the defendant for the severity offenses, or lack thereof. However, it is up to the judge to use professional judgment in the matter of deciding the length of a sentence. Overall, sentencing is effective as it ensures the end of the process. Once a sentence is given, the debate over guilt and innocence is over. The prisoner is given their punishment and justice is served for the community, victim/s and their families. A media report such as "Man sentenced to death for firing squad" was published on the 18th of July 2010. This media report was based on the case of R vs. Ronnie Lee Gardner, an man who was sentenced to death for the crime committed. Another case worthwhile looking at is State of NSW vs. Rory McDougal. In this case, an 45 year old was convicted and sentenced to 20 years for sexual assault towards a group of teenage girls. There was sufficient proof surrounding the case, as an result it was shown and proven in court, and the case was sealed.

Victim's statements are effective and ineffective. They are effective because they give the jury a detailed explanation of what they went through, what happened, what the offender specifically did. On the other hand, they are unreliable as the case hasn't been proven beyond reasonable doubt, they could be lying. Also, if an victim may not remember, or may be too traumatized experience

 

[enoilgam]

The cases in the sentencing paragraph dont really demonstrate anything about your argument. Like, you could have used Bilal Skafs case to show how the legal system can use sentencing to remove a violent offender from society. Also, the cases need to be more believable. Ronny Lee Gardener was an american case, which isnt refered to as R v Ronny lee gardener. In america, cases are refered to as State of California vs x (also cases only have last names and not first names). Also the death penalty doesnt apply to Australia so you shouldnt really raise the issue. When making up cases they must be believable. You need to write the title out properly and they need to sound simple and not too outlandish.

PS. When writing assignments, always do a control alt s every few minutes, eventually it becomes a habit and you can avoid losing precious work.

 

[Phoebe 123]

Okay, I didn't even know that was an american case, but I thought they can be American cases in there too?

Despite that, what did you think of the rest of it?

 

[enoilgam]

Okay, I didn't even know that was an american case, but I thought they can be American cases in there too?

Despite that, what did you think of the rest of it?

The rest is pretty good. By the way, you realise Australia hasnt had the death penalty since the 60's right? Dont make a point about the death penalty because it doesnt apply to the Australian legal system. Its a shame you lost the rest, I wanted to see it.

 

[Phoebe 123]

Yes, I am aware that capital punishment doesn't exist anymore. As for the rest, I just wrote about the reliability of victim's statements, and I used a few cases. And I even made an example of an victim's statement in quotes about a mother who was tortured. The next method I talked was discretion. I talked about certain cases where police had been ignorant and this resulted in someone wrongly being arrested. I made an point about police powers, and how it is abused at times.

 

[Phoebe 123]

Btw, are you sure my answers are good? Do you think the BOS (who mark the external exam) would like them..?

 

[enoilgam]

Btw, are you sure my answers are good? Do you think the BOS (who mark the external exam) would like them..?

Given that you dont really use cases/legislation/media reports, its unlikely that you will get above a band 4 on the HSC. However, that aside you're responses are pretty good and probably at a mid-band 5 level.

 

[Phoebe 123]

I try to use an few of each in each parragraph, but I don't exactly how much you need. Do you need lots? Should it all be about that? Should it be heavily based on cases/media reports/legislation? I don't know how to use them and that's my problem. Maybe if I could see a Band 6 essay and how it has used them, I would be able to improve in that aspect.

 

[Phoebe 123]

What about this 3 marker for crime? "What are the elements of a crime?"

For a crime to have occurred; there must be a combination of actus rea and mens rea. Actus rea refers to the actual act. For example, robbing a bank. Mens rea refers to the mind/state of the offender. The offender must have intended to do what they did; to want to have deliberately committed the crime. So accidents or self defense cannot be considered a crime. Furthermore, a crime must be seen as harmful to the whole of society, not just a person and is punishable by the whole state. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o>

 

[enoilgam]

What about this 3 marker for crime? "What are the elements of a crime?"

For a crime to have occurred; there must be a combination of actus rea and mens rea. Actus rea refers to the actual act. For example, robbing a bank. Mens rea refers to the mind/state of the offender. The offender must have intended to do what they did; to want to have deliberately committed the crime. So accidents or self defense cannot be considered a crime. Furthermore, a crime must be seen as harmful to the whole of society, not just a person and is punishable by the whole state. <?xml:namespace prefix = o ns = "urn:schemas-microsoft-comfficeffice" /><o></o>

I'd say 3/3, however the last sentence is unecessary.

 

[Phoebe 123]

Can I just say I really appreciate all the time you have took to rate my answers.

I think I have just about run out of questions at this point. I think I may be expectating too much of myself at this point as I am only in Year 11 and I am not supposed to be attemtping HSC questions. Do you agree?

 

[enoilgam]

Can I just say I really appreciate all the time you have took to rate my answers.

No problem, anytime - Thats what BOS is for. If you want other stuff marked, just post it in this thread or PM me.

I think I have just about run out of questions at this point. I think I may be expectating too much of myself at this point as I am only in Year 11 and I am not supposed to be attemtping HSC questions. Do you agree?

I dont think you are expecting to much of yourself, as it is a very good idea to attempt the style of questions which you will be expected to answer in a short time from now. Although the structure of the crime questions you answered wont be featured on the HSC anymore, the skills and knowledge you need to be able to write them are the same that you will need for the new style of questions.

 

[Phoebe 123]

I think when asked to make an 25 mark essay or 15 mark, I'm going to plan it before I write. Plan it, such as

Introduction

Cases/Legislation/Media Reports I will use

Body (Parragraphs to make argument)

Conclusion


Good idea?

 

[enoilgam]

Yes and no, dont summarise the Cases/Legislation/Media Reports you are going to use at the start of the essay, just integrate them into your body. A good way to build essay writing skills is to draw up an essay plan.

 

[Phoebe 123]

So how many LCMS should I be used in each parragraph to get a Band 6?

 

[enoilgam]

So how many LCMS should I be used in each parragraph to get a Band 6?

There isnt a magic number, but you should be aiming to use them regularly. Before 2008, to get a band 6 you needed 10 per essay, however that has since been made redundant.

This is how I used to deal with LCMS. I mainly used legislation when describing what the law was on a particular topic (e.g. under section 100 of LEPRA, a civilian can make an arrest). I used Media and cases as examples to demonstrate my arguments/thesis (e.g. The ineffectiveness of the law in dealing with domestic violence is demonstrated in the case .....).

 

[Phoebe 123]

Yeah, but then you also said that you cannot just state them, you have to say what point of law they represent. And I am not sure what you mean by that.

 

[Phoebe 123]

I guess if you were dealing with consumer law, I forgot the name of the case, but it was significant in that it introduced the new law that manafacturers owed a duty of care to their consumers. That's how that case was significant. You mean like that?