3 décembre 2022

Themes and Challenges Legal Studies

Posted by under: Non classé .

The Legal Studies program takes us through different stages of the criminal investigation process, international crime, juvenile delinquents and human rights. At each of these points, we learn the facts and evaluate effectiveness with relevant cases, media, commentary. You know what it is. Issues and challenges are among the most important tools we have to assess the effectiveness of the legal system! Not only that, but without them, the program would be very fact-based, while topics and challenges inspire you to apply the facts you learn to practical questions, debates, and legal puzzles. Then you should practice incorporating them into an answer. The good news is that once they`re incorporated into your study notes, the job is half done! The bad news is that practice makes perfect. Of course, falling into a phrase like a hot potato does not guarantee the sophistication that a marker is looking for. But a conscious effort to use the words of problems and challenges will prove to be a well-thought-out response. We will come back to that.

Thus. If this was your essay question, then you don`t really have much leeway to decide when to strategically drop a topic or challenge. The whole thing is a subject or a challenge. But that doesn`t mean you can`t incorporate more topics and challenges than those posed in the essay question. « Criminal proceedings in the criminal justice system are intended to appropriately punish those who have not joined the justice system. » If you`re looking for help with your legal essays, check out our free trial scoring thread? In my opinion, the second most remarkable place in the criminal justice system is sentencing. The judge must consider the facts of the court proceedings, including mitigating or aggravating circumstances, age, likelihood of rehabilitation, cooperation with judicial authorities, remorse, etc., in order to decide on the appropriate sentence for the offender. The effectiveness of legal and non-judicial measures in obtaining justice. If you`re confused about a section of the program or have a burning question, you`ll be happy to know that we have a thread of questions for legal studies! This is one of the easiest topics and challenges – simply because it is laid out in various writing questions for the core and options in previous exams.

A legal measure is regulated by law, a non-legal measure is not in the legislation. I was generally convinced that non-legal measures improved legal measures and vice versa. Or, if you are too confused in your study to read this, here is a summary of where discretion is perceived in the legal system: Situational and social crime prevention aims to promote compliance with our legal system. Similarly, phrases that include a reason as off-putting are meant to encourage members of society to comply as well. With the increase in the number of States attaining Statehood and the turbulence that threatens the Statehood of contemporary States, State sovereignty is becoming a major legal issue. State sovereignty is closely linked to human rights because a State is responsible for respecting the rights to which it has consented. With the development of IGOs, such as the European Union, we see the importance of state sovereignty and human rights emphasized. Turkey`s exclusion from the EU is a good example. We essentially have a legal system based on compliance and non-compliance.

The legal system wants to promote compliance and deal with violations appropriately. Respect for the law is important because of the concept of the rule of law. Each member of society is responsible for his or her own compliance with the law, and the judicial authorities are responsible for ensuring that the rule of law is applied equally. It was essentially the 2014 HSC question on crime, mixed up with a few words. So this is a classic example of how topics and challenges can become an issue in their own right! There are many tensions in the legal system. Let us look at remand. When a suspect is remanded in custody, it strikes a balance between the rights of the victim and those of the community, as they have removed a potentially violent criminal from society pending trial. But the tenant of « innocent until proven guilty » remains for an author, but they are deprived of society and have a limited right to freedom in pre-trial detention. This opens up a lot of discussions. You could be asked this in a short-answer question, but they would probably only ask you legal OR non-legal questions and not together.

Essentially, anything regulated by law is a legal measure, not in the law is a non-legal measure. Non-legal and legal measures are often complementary, particularly in the human rights sector, where different NGOs promote human rights. Once you know them, start weaving them into your notes. Look at where they apply to each section of the program and talk about them. Alternatively, you could organize your study notes so that at the end of each item, you write down topics and challenges and reflect on legal issues and facts from the point that applies to the topics and challenges. The issues and challenges of the legal studies program are constantly overlooked by students. We often look for « buzzwords » to enhance the sophistication and increase the relevance of our reasoning, and very rarely do we realize that the Studienkollegium actually gives them to us. You don`t have to realize it`s a topic or a challenge – the markers will know the keywords and show that you`re using the right terminology, the sophistication of your essay and also your conscious learning to include topics and challenges. It`s important to reiterate that topics and challenges can make up the bulk of your writing question. The essay question can be the topic or the challenge.

They have been warned. 2014 is a prime example. The most notable place where discretion is exercised in the criminal justice system is the powers of the police. A police officer may decide at his or her discretion whether to use force, whether or not to use a Taser, or whether or not to stop. The extent to which the law reflects moral and ethical standards. The extent to which the law balances the rights of victims, perpetrators and society. It is important to understand a brief history of human rights. Essentially, they had been evolving for some time at different stages around the world. After the Second World War, the urgency of a unified and comprehensive approach to human rights became evident. Roosevelt developed the Four Freedoms, which later became the Universal Declaration of Human Rights overseen by Eleanor Roosevelt. After World War II, global values and ethical standards of human rights changed after mass atrocities.

The role of discretion in the criminal justice system. Criminal law compliance and non-compliance issues. In my opinion, the easiest topic or challenge to integrate is compliance and non-compliance. It`s literally a single word embedded in a sentence. Here is an example: Non-compliance is why we have enforcement actions, sanctions and punishment. The development of human rights as a reflection of evolving values and ethical standards. Discretion is essentially what you use every day when making a decision based on what`s in front of you. Discretion is exercised at different stages of the criminal justice system. Hypothetically, if you were asked questions about law reform in a drafting question, you would need many cases, and some knowledge of the pre-trial course would be helpful! The evolution of the understanding of the relationship between State sovereignty and human rights. As with crime, not everyone respects the laws or human rights obligations and responsibilities. For whatever reason, individuals or States may violate or conceal human rights violations and prove non-compliance with customary international law and the treaties they ratify.

First, you should learn them. I literally mean knowing them so well that you could shake them. These are sentences, not even whole sentences most of the time, so they don`t take up too much valuable brain space. One of the reasons we have legislative reform is that the law aims to reflect society`s moral and ethical standards – which, of course, are constantly changing. If you were to evaluate the effectiveness of the law, you could certainly comment on how it reflects moral and ethical standards. The case of Toonen V Australia [1994] and Croome V Tasmania [1997] comes to mind here! This focuses in particular on national legislation.

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