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hsc legal > crime essay points > Flashcards

crime essay points Flashcards

1
Q

situational crime prevention

opening statement

development, capacity. justice, protection

A

development of situational crime prevention → capacity for law reform to achieve justice for victims + community → further protection

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2
Q

situational crime prevention

opening evidence/legislation

Lover… + McN…

A

R v Loverdige (2014) and R v McNeil (2015) → indicated increase in alcohol-fueled violence → law reform enhanced the ability for situational crime prevention

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3
Q

situational crime prevention

effective point

Liquor Amendment Act 2014 (NSW)

A

Liquor Amendment Act 2014 (NSW) introduced the 1:30 am lockout laws
→ to achieve justice for the community by providing further protection.

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4
Q

situational crime prevention

effective evidence

April 2015, BOSCAR

A

In April 2015, BOSCAR: rate of alcohol-fueled violence was down 32% in Kings Cross, and 26% in the Sydney CBD.

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5
Q

situational crime prevention

effective point explanation

Liquor Amendment Act 2014 (NSW)

A

effectiveness of Liquor Amendment Act 2014 (NSW) → ensuring that justice is achieved for the community by providing further protection.

the inability of the legal system to persist with the lockout laws despite the clear safety it provides for the community significantly limits the effectiveness.

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6
Q

situational crime prevention

ineffective point

November 2019, ABC

A

November 2019, ABC: “Sydney’s lockout laws to be scrapped everywhere except Kings Cross”, disclosed the legal system’s intention to withdraw enforcement of the Act.

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7
Q

situational crime prevention

ineffective evidence

Alcohol and Drug foundation stated…

A

The Alcohol and Drug foundation stated that the removal of the lockout laws “could increase the risk of alcohol-related assaults and injuries’

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8
Q

situational crime prevention

ineffective point explanation

law reform in achieveing justice

A

limited effectiveness of law reform in achieveing justice → removal of laws fails to acknowledge community needs

emphasising need for continual situational crime prevention → community protection → removal of laws reduced effectiveness of law reform

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9
Q

situational crime prevention

link

A

law reform has assisted → ensuring situational crime prevention → limit the prevalence of crime and increase protection

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10
Q

strip searches

opening statement

criminal investigation process

A

Criminal Investigation process relies heavily on the police to detect and solve crimes
→ inadequate enforcement of search powers reflects an inability to achieve justice
→ public safety is undermined.

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11
Q

strip searches

opening evidence/legislation

A

(Powers and Responsibilities) Act 2002 (NSW) (LEPRA) → police powers →law enforcement is given during search and seizure

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12
Q

strip searches

ineffective point

Section 31 of LEPRA → reasonable, seriousness, urgency

A

under Section 31 of LEPRA
a police officer is granted powers to conduct a strip search if they suspect it is necessary
“on reasonable grounds” or if “the seriousness and urgency of the circumstances” lead them to do so.

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13
Q

strip searches

ineffective evidence

report released by the Force’s Lessons Learned Unit, herald article

A

internal report released by the Force’s Lessons Learned Unit suggested that “powers are being applied inconsistently”,

due to police direction when determining “reasonable grounds”.

Herald article → almost 300 minors, including a 10-year old, 2016, 2018

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14
Q

strip searches

ineffective point explanation

herald article + unit report

A

ineffectiveness of Section 31 of LEPRA in protecting minor suspects from applications of police power

vague legislation → justice is not achieved for the community → police fail to adequately enforce police powers.

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15
Q

strip searches

effective point

Guardian in August 2019

A

Guardian in August 2019: titled “NSW police are told to film strip searches”

capacity for the criminal investigation process to address injustice and effectively protect.

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16
Q

strip searches

INeffective evidence

filming of the strip searches, Samantha Lee

A

filming of the strip searches have failed to undermine the ineffectiveness of needing only “reasonable grounds” to be established.

Redfern Legal Centre head of Police accountability, Samantha Lee: strip searches should “only be conducted in the most exceptional circumstances”,

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17
Q

strip searches

effective point explanation

film strip searches

A

the requirement for police to film strip searches → prevent the misuse of powers granted under Section 31 of LEPRA

→ better protect the rights of suspects and ensure the Criminal Investigation process remains just.

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18
Q

strip searches

link

A

the ineffectiveness of LEPRA does not enhance the Criminal Investigation process as it fails to ensure fair, equitable and just enforcement.

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19
Q

bail and remand

opening statement

criminal investigation process + protection of society

A

criminal investigation process has achieved justice for victims to a limited extent

successfully prioritises the protection of society and victims.

20
Q

bail and remand

opening evidence/legislation

bail laws NSW (2014)

A

attempted to preserve the presumption of innocence

ensure just treatment of the accused

ensuring society and the community are adequately protected.

21
Q

bail and remand

ineffective point

show cause

A

Section 16 A(1) an amendment requires an accused person over the age of 18 to “show cause” as to why detention is not justified, making it considerably harder to attain bail.

22
Q

bail and remand

ineffective evidence

BOCSAR 2015

A

statistics released by BOCSAR in 2015 showed the number of defendants refused bail increased from 80 to 88 per cent,

23
Q

bail and remand

ineffective point explanation

A

cementing effectiveness of the “show cause” amendment in ensuring the rights of victims and the wider society concerning protection are satisfied.

the strict nature of Section 16A(1) has disregarded a suspect’s right to bail, suggesting that the Bail Laws only fulfil the rights of society and victims and fail to balance all three

24
Q

bail and remand

ineffective point

SMH June 2019

A

article published by the Sydney Morning Herald in June 2019 titled “Tough bail laws come at a cost to the innocent”,

exposing the increased chance of remanding innocent people for long periods of time who are awaiting trial.

25
Q

bail and remand

ineffective evidence

200 people + BOCSAR Don Weatherburn

A

200 innocent people of all ages were incarcerated after failing to satisfy the “show cause” amendment.

Director of BOSCAR Dr Don Weatherburn stated that “The Bail Act has contributed to the growth in the remand population”

26
Q

bail and remand

ineffective point explanation

A

inability of the bail laws to successfully balance the rights of suspects, victims and society → innocent are denied right to bail

difficulty an accused may have in attaining bail and demonstrating the inability of criminal investigation processes in ensuring the rights of suspects are considered.

27
Q

bail and remand

link

A
28
Q

provocation

opening statement

A

Through the partial defence of provocation, the criminal trial process proves to be highly effective

achieving justice for victims and society as it acknowledges the right to a fair punishment.

29
Q

provocation

effective point

section 23 of crimes act

A

Under Section 23 of crimes act the defence of provocation is limited to cases where there is “extreme provocation”, and it further excludes the defence if violence was enticed or a non-violent sexual advance was made.

30
Q

provocation

effective evidence

ABC 2014

A

ABC in 2014 titled “NSW legislation will limit a defence of provocation for murder charges”

changes made by the legal system and disclosed the effectiveness of the reform.

31
Q

provocation

effective point explanation

section 23 + provocation act 2014

A

section 23 → ability for the criminal trial process to achieve justice for victims and society

lack of enforcement of the provocation defence,

the introduction of the Crimes Amendment (Provocation) Act 2014 highlights the effective nature of the criminal trial process.

32
Q

provocation

ineffective point

R v Singh

A

the verdict of manslaughter in the 2007 case R v Singh provided the impetus to amend the Crimes act 1900

exposed the ineffective nature of the provocation defence as Mr Singh was not adequately punished for the death of his wife.

33
Q

provocation

ineffective evidence

betty green

A

Betty Green from the Domestic Violence Coalition who stated the use of the defence provocation proved

“there is something very seriously wrong with the system”.

34
Q

provocation

ineffective point explanation

A

improper enforcement of the provocation defence → lack of justice for victims and exposed the legal system’s inability to effectively reduce sentencing.

the ineffective use of the provocation defence within the criminal trial process failed in achieving justice for victims
→ did not ensure perpetrators were receiving adequate punishment.

legal system enforced The Crimes Amendment (Provocation) Act in 2014 → appropriately enforce the defence and ensure justice is achieved for victims and society.

34
Q

bail and remand

ineffective evidence

A

statistics released by BOCSAR in 2015 showed the number of defendants refused bail increased from 80 to 88 per cent, cementing the ineffectiveness of the “show cause” amendment

35
Q

bail and remand

link

A
36
Q

age of criminal responsibility

opening statment

A

The controversy surrounding the age of criminal responsibility

→ need for young offenders to be treated differently within the Australian Legal system

→ threatens the possibility of rehabilitation

37
Q

age of criminal responsibility

opening evidence

Section 5 of The Children’s (Criminal Proceedings) Act 1987 (NSW)

A

Section 5 of The Children’s (Criminal Proceedings) Act 1987 (NSW), it states that “no child who is under the age of 10 years can be guilty of an offence of crime”

38
Q

age of criminal responsibility

neutral point 1

ABC January 2021:

A

ABC January 2021: titled “Australia urged by 31 countries at UN meeting to raise the age of criminal responsibility”

praises the need for young offenders to be treated differently as they are inadequately protected within the legislation.

39
Q

age of criminal responsibility

neutral point 1 evidence

A

Executive Director of Australian Services, Matt Gardiner, who stated “raising the age of criminal responsibility to at least 14 is the minimum we must do to adequately protect children”

40
Q

age of criminal responsibility

neutral point 1 explanation

A

Australia’s age of criminality would not rise above 10. This emphasises the high extent to which young offenders must be treated differently within the legal system as the lack of doli incapax under Section 5 renders them vulnerable to imprisonment and impacts the chance for rehabilitation.

41
Q

age of criminal responsibility

neutral point 2 point

MH article published in May 2021

A

The lack of protection provided under Section 5 of the Act is reinforced through the SMH article published in May 2021, “Detention is permanently damaging children”, which disclosed the efforts of the #raisetheage campaign in protecting indigenous Australians who are disproportionately impacted.

42
Q

age of criminal responsibility

neutral point 2 evidence

A

Royal Australian College of physicians’ Dr Mick Creati who stated that “children need support, care, and protection - not detention”

43
Q

age of criminal responsibility

neutral point 2 explanation

A

from 2018, more than 600 children aged 10 to 13 were in detention, with more than 80% being Indigenous. Furthermore, 94% of children imprisoned receive another prison sentence before they reach adulthood revealing the lingering effects of imprisonment and how treatment of young offenders are not upholding the need to ensure rehabilitation is prioritised.

44
Q

age of criminal responsibility

link

A

due to the lack of protection under section 5, young offenders must be treated differently under the criminal justice system in order to avoid unfair punishment and ensure rehabilitation is attained.

45
Q

provocation

link

A

criminal trial process → highly effective in ensuring justice is achieved for victims and society

→ addresses the right to fair punishment through the reform of the provocation defence.

hsc legal (5 decks)

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