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Guys how do u even do this hsc question (1 Viewer)

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‘The legal system focuses on punishing offenders rather than preventing crime.’

Assess this statement in reference to achieving justice through criminal processes and institutions.


Hey guys,

I tried attempting the above hsc question from 2021 and as I am new to crime as a whole(since we're doing it after HR) I wanted to know how someone with more experience would know how to do it. I've looked at the marking guidelines and it didn't help me much.

Kind regards
 

nsw..wollongong

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most of my intro would be acknowledging the role of diff stakeholders and focusing on themes of balancing the rights of victims, offenders and society.
eg. you can look at strip searching cases (especially minors getting searched without parental consent at concerts) and how they seem (to society and the alledged offender) to be punishing the offender by putting them through a traumatic experience of intimate searching in a public and crowded area. so in this manner, the community (especially families and parents) seem to view this as a punishment to the alledged offender rather than the prevention of crime since (im pretty sure due to SMH data from 2022) only 2% of strip search cases successfully find drugs on the alledged person. in this manner, they are now the victim. in addition, u can talk about legal experts recommending to police (talk about lepra and role of discretion in - more often than not - misjudging the situation) to employ more technologically advantageous methods of detecting drugs (eg screening, etc u can research this)

so ur holistic argument thru out ur essay is that stakeholders regard the punishment of offenders as a "jerk response" from law enforcement authorities and the courts rather than a proactive engagement with community interests to prevent future crime.

also charge negotiation is a rlly good point to bring up here bc u can talk about how altho the courts aim to expedite the trial process, this often results in alledged offenders pleading guilty simply to evade the financial burden of attending court. in this way it seems as though the courts (nice to talk abt judicial arms and difference between significance of law enforcement agencies and enforcement of court decisions) only care about sentencing the offender rather than administering a fair and just legal process as per (whatever human right this is).
 

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most of my intro would be acknowledging the role of diff stakeholders and focusing on themes of balancing the rights of victims, offenders and society.
eg. you can look at strip searching cases (especially minors getting searched without parental consent at concerts) and how they seem (to society and the alledged offender) to be punishing the offender by putting them through a traumatic experience of intimate searching in a public and crowded area. so in this manner, the community (especially families and parents) seem to view this as a punishment to the alledged offender rather than the prevention of crime since (im pretty sure due to SMH data from 2022) only 2% of strip search cases successfully find drugs on the alledged person. in this manner, they are now the victim. in addition, u can talk about legal experts recommending to police (talk about lepra and role of discretion in - more often than not - misjudging the situation) to employ more technologically advantageous methods of detecting drugs (eg screening, etc u can research this)

so ur holistic argument thru out ur essay is that stakeholders regard the punishment of offenders as a "jerk response" from law enforcement authorities and the courts rather than a proactive engagement with community interests to prevent future crime.
Thank you so much

so for clarification would the structure be smth like

Intro: About like the cjs not rlly focusing on preventing crime but more so like punishing and like stats to back that

Body 1: like criminal processes like pol powers regarding strip searching

Body 2: like police as a criminal institution

Body 3 as like courts potentially and aggravating factors being unreasonable??

I think this would best support the jerk response thing and and the q but I'm not too sure.
 

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also charge negotiation is a rlly good point to bring up here bc u can talk about how altho the courts aim to expedite the trial process, this often results in alledged offenders pleading guilty simply to evade the financial burden of attending court. in this way it seems as though the courts (nice to talk abt judicial arms and difference between significance of law enforcement agencies and enforcement of court decisions) only care about sentencing the offender rather than administering a fair and just legal process as per (whatever human right this is).
legit just said courts ahaha so ig I can include charge neg in that??
 
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Thank you so much

so for clarification would the structure be smth like

Intro: About like the cjs not rlly focusing on preventing crime but more so like punishing and like stats to back that

Body 1: like criminal processes like pol powers regarding strip searching

Body 2: like police as a criminal institution

Body 3 as like courts potentially and aggravating factors being unreasonable??

I think this would best support the jerk response thing and and the q but I'm not too sure.
Believe the term is 'knee-jerk response'.

If you're going to describe police as a criminal 'institution', I would probably make it clear what their role in the criminal justice system actually is and where their legal authority is derived from.

Sentencing is relevant but a big can of worms to open. The existence and operation of aggravating factors by itself doesn't evidence anything, and needs to be read in tandem with mitigating factors and actual applications of sentencing guidelines upon convicted offenders.
 

mi16

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Believe the term is 'knee-jerk response'.

If you're going to describe police as a criminal 'institution', I would probably make it clear what their role in the criminal justice system actually is and where their legal authority is derived from.

Sentencing is relevant but a big can of worms to open. The existence and operation of aggravating factors by itself doesn't evidence anything, and needs to be read in tandem with mitigating factors and actual applications of sentencing guidelines upon convicted offenders.
took the words right out of my mouth
 

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