Section II — Focus Study – Crime 2001 Question 17 (25 marks

advertisement
Section II — Focus Study – Crime
2001
Question 17 (25 marks)
John and Sue have criminal records in NSW for using and trafficking in drugs. They decide
to go overseas for a holiday. While they are overseas, the police in NSW charge
John and Sue in relation to further drug offences. Warrants are issued for their arrest and
extradition.
From the stimulus material above and your own knowledge, answer the following:
(a) Using the example of John and Sue, define the meaning of extradition AND
outline the role of extradition in dealing with international crime.
4
(b) John and Sue are charged with drug offences. Describe other types of crime.
4
(c) Describe the criminal process that John and Sue might face from the time of
their arrest until the matter is concluded.
8
(d) Using the example of John and Sue, OR another example, explain how the law
addresses issues concerning the rights of victims, the accused and the
community in relation to crime.
9
Question 17 (25 marks)
Helen plans to rob a bank. She needs someone to drive a get-away car. Helen calls Tom and
threatens that if he does not drive the car she will stop supplying him with illegal drugs.
On the day of the robbery Tom sits in the car while Helen walks into the bank armed with a
stolen gun. After a short wait Tom sees Helen running towards the car. The bank security
guard chases and shoots at Helen. Helen turns and fires, killing the guard.
In speeding away from the bank, Tom drives through two red traffic lights.
(a) Explain the difference between summary and indictable offences, illustrating
your answer with examples from the above scenario.
3
(b) Define the following three elements of a crime and, with reference to the above
scenario, provide an example of each element:
(i) mens rea;
2
(ii) actus reus;
2
(iii) causation.
2
(c) If you had to defend Helen and Tom in court, what possible defence(s) to the
charge of murder would you use for Helen, and what possible defence(s) would
you use for any charges faced by Tom. Justify the use of these defences.
7
(d) Discuss the purpose and effectiveness of possible punishments the judge could
consider before sentencing Helen and Tom.
9
2003
Question 17 (25 marks)
Toney rents a house in the outer city. Sam is 15 years old and lives in the same house. Police
are contacted by a neighbour who suspects that Sam is being physically abused by Toney and
is taking illegal drugs. Acting on this report, the police visit the house and find a large
quantity of blank credit cards, many machines used to copy videocassettes, large quantities of
drugs which police suspect are destined for overseas markets, and many computers.
When examining the computers in an effort to locate their owners the police discover digital
images involving child pornography on many of the computers, together with long lists of
international addresses.
The police also learn that Toney is wanted by an overseas law enforcement authority in
relation to drug offences.
(a) With reference to the above scenario, identify THREE types of crime.
3
(b) Describe TWO legal measures Australian authorities could use to deal with
international crimes identified in the scenario.
(c) With reference to Toney and/or Sam, assess the effectiveness of the legal system
in dealing with international crime.
(d) ‘Criminal penalties always reflect community standards and expectations.’
Evaluate this statement.
4
8
10
2004
Question 17 (25 marks)
(a) Identify TWO sources of criminal law contained in this article.
(b) Identify and explain TWO factors that may have contributed to the criminal
behaviour reported in this article.
(c) Assess the role of discretion throughout the criminal processes faced by Fred
and George.
(d) Evaluate the effectiveness of the criminal legal system in dealing with the
tension between community interests and individual rights and freedoms.
2
4
7
12
2005
Question 17 (25 marks)
(a) Identify TWO types of crime from the offences mentioned in the stimulus
material.
(b) Outline how our society attempts to reduce juvenile crime.
(c) Compare and contrast the problems faced by young male and young female
offenders when they come into contact with the criminal justice system.
(d) Evaluate the effectiveness of the treatment of adults and juveniles by the
criminal justice system.
2
4
7
12
2006
Question 17 (25 marks)
(a) Identify TWO courts that deal with criminal cases.
2
(b) Identify TWO types of international crime, and provide an example of each type.
4
(c) Discuss the role of the sentencing process in balancing the interests of the community
with the rights of the offender.
7
(d) Assess the effectiveness of various forms of legal measures in achieving justice, with
reference to at least one current criminal justice issue. You may refer to any of the examples
of current criminal justice issues listed below, or any other current criminal justice issue.
• Anti-terror laws
• Mandatory sentencing
• Majority verdicts
• Trial by media
• Death penalty
• The right to silence
12
2007
Question 17 (25 marks)
(a) Identify a penalty no longer available in Australia and give an example.
(b) What are the elements of a crime?
(c) Identify and analyse TWO conditions that have led to the reform of criminal law.
2
3
8
(d) Thoroughly examine the purposes of punishment. Refer to relevant examples to support
your answer.
12
2008
Question 17 (25 marks)
(a) Give an example of a summary crime.
1
(b) Give an example of an indictable crime.
1
(c) Outline the features of legal aid.
3
(d) Compare ONE type of crime from list A with ONE type of crime from list B.
A
B
• Public order offences
• Drug offences
•
Offences against persons
• Economic offences
•
Offences against the State
• ‘Victimless’ crimes
8
(e) How effective are the types of penalties available in Australia in achieving justice for
individuals and society?
12
2009
Question 17 (25 marks)
(a) Identify ONE complete defence and ONE partial defence to murder.
2
(b) Outline the criminal process from a crime being reported to a sentence being given.
6
(c) Discuss the need for discretion within the criminal justice system.
7
(d) Examine why commitment to criminal laws is not shown equally across the community.
Use relevant examples to support your response.
10
Download