The legals ripoff of the businesses game thing (1 Viewer)

[Calculators]

Natural Justice:

1) Everybody has the right to have a matter heard before a court/tribunal, and be able to answer any claims.

2) Decisions made by a court/tribunal must be free of bias.

Which act granted Australia full freedom from Britain and its legal system?

 

[cxlxoxk]

Which act granted Australia full freedom from Britain and its legal system?

I got no idea actually, but i'll take a stab in the dark anyway, and say Statute of Westminister, i think it was made 1931, although Australia didn't actually have independence until later? I'm just recalling that from what I learnt last year.

Can someone tell me if that is the right answer? I'll be very impressed with myself if it is!

My question...

Define automatism in relation to criminal law.

 

[Calculators]

I got no idea actually, but i'll take a stab in the dark anyway, and say Statute of Westminister, i think it was made 1931, although Australia didn't actually have independence until later? I'm just recalling that from what I learnt last year.

Can someone tell me if that is the right answer? I'll be very impressed with myself if it is!

My question...

No, sorry, you're not right. It was the Australia Act which finally meant that Australia was free of influence from Great Britain, even though it remained a colony of Britain.

I think you mean autonomy? Automatism refers to involuntary movements of muscles from seizures or the like. lol.

Anyway, autonomy is when individuals gain full legal status under the law. That is, they're free to decide decisions for themselves.


What is the difference between a partial defense and a complete defense?

 

[Azreil]

A partial defense will mean, if successful, the accused will be found guilty, but it will be of a lesser crime eg the partial defense of substantial impairment of mind to murder will downgrade murder to manslaughter.
A complete defense means that the accused did do (crap, mindblank on word) the act they are accused of, but the defense they used means that they will not be sentenced for this crime, eg self defense means that the accused will be acquitted.

Define a Bill of Rights and explain ONE benefit and ONE limitation of a Bill of Rights in protecting human rights.

 

[Jackets]

A partial defense will mean, if successful, the accused will be found guilty, but it will be of a lesser crime eg the partial defense of substantial impairment of mind to murder will downgrade murder to manslaughter.
A complete defense means that the accused did do (crap, mindblank on word) the act they are accused of, but the defense they used means that they will not be sentenced for this crime, eg self defense means that the accused will be acquitted.

Define a Bill of Rights and explain ONE benefit and ONE limitation of a Bill of Rights in protecting human rights.

A Bill of Rights is a formal document which aims to enshrine the basic rights that every individual is entitled to.

An advantage is it clearly sets out an individuals rights and so there is little room for ambiguity.

A disadvantage is it limits the rights of an individual because of this limited room for discretion.

Name and provide ONE example of 3 influences on the law.

 

[Azreil]

You know I hate you for that question, right?

Moral influence on the law: The ideas of what are morally right influence the law primarily through lobby groups, eg the Christian lobby groups against abortion, particularly in Victoria at the moment.
Political: The political motivations of the party in power alter the law eg the Labor party traditionally favours low/middle income earners and hence brought in a luxury cars tax.
Social: As the beliefs of society change, so does the law eg social views that women should be allowed to be beaten by their husbands -> Crimes Amendment (Domestic and Personal Violence) Act.

Outline the advantages and disadvantages of plea bargaining.

 

[charlesdinio]

Outline the advantages and disadvantages of plea bargaining.

Advantages:
- court system is freed up
- reduces time and cost delays
- prompts accused people to plead guilty

Disadvantages:
- two criminals who committ similar crimes may get different penalties: injustice
- the victim of the crime has not recieved justice
- society is at risk of a criminal who has not been put away for sufficient time

Question: outline the role of extradition in dealing with international crime

 

[Jackets]

You know I hate you for that question, right?

Moral influence on the law: The ideas of what are morally right influence the law primarily through lobby groups, eg the Christian lobby groups against abortion, particularly in Victoria at the moment.
Political: The political motivations of the party in power alter the law eg the Labor party traditionally favours low/middle income earners and hence brought in a luxury cars tax.
Social: As the beliefs of society change, so does the law eg social views that women should be allowed to be beaten by their husbands -> Crimes Amendment (Domestic and Personal Violence) Act.

Outline the advantages and disadvantages of plea bargaining.

AHAHAHA, I knew that question was a bitch, and that's why I asked it.

Advantages of plea bargaining:

- Unclogs the courts system because more people are swayed to plead guilty, meaning there is no need for trial proceedings.

- Removes from the trauma of a victim having to retell a series of events if the trial is a criminal trial.

- Cheaper.

Disadvantages:

- May cause for an offender to be given a lighter sentence than should be.

- May not necessarily bring justice to a victim of crime.

And yeah, that's all I've got.


Name and describe one contemporary domestic and one international human rights abuse.

(I thought I'd gave an easy question. lol)

 

[Jackets]

Advantages:
- court system is freed up
- reduces time and cost delays
- prompts accused people to plead guilty

Disadvantages:
- two criminals who committ similar crimes may get different penalties: injustice
- the victim of the crime has not recieved justice
- society is at risk of a criminal who has not been put away for sufficient time

Question: outline the role of extradition in dealing with international crime

Extradition is the process of transporting an accused from one country to the country where the original crime was committed. However, the countries must have an extradition treaty in place for the extradition to go ahead. For example, Tony Mokbel, a Melbourne man wanted for underworld crimes was transported from Greece to Australia to face charges relating to crimes committed in the Melbourne gang scene.

 

[charlesdinio]

Extradition is the process of transporting an accused from one country to the country where the original crime was committed. However, the countries must have an extradition treaty in place for the extradition to go ahead. For example, Tony Mokbel, a Melbourne man wanted for underworld crimes was transported from Greece to Australia to face charges relating to crimes committed in the Melbourne gang scene.

Also mention extradition hearing, and they don't necessarily need an extradition treaty, i.e. rendition

 

[cxlxoxk]

No, sorry, you're not right. It was the Australia Act which finally meant that Australia was free of influence from Great Britain, even though it remained a colony of Britain.

I think you mean autonomy? Automatism refers to involuntary movements of muscles from seizures or the like. lol.

Anyway, autonomy is when individuals gain full legal status under the law. That is, they're free to decide decisions for themselves.


What is the difference between a partial defense and a complete defense?

farkkkkk =(. nah automatism, and you were right.

 

[Jackets]

Also mention extradition hearing, and they don't necessarily need an extradition treaty, i.e. rendition

Oh nice, thanks for the correction. So rendition is between the states of a country huh?

 

[Azreil]

Outline the role of extradition in dealing with international crime.

Crimes committed outside jurisdiction: As these criminals tend to move through different jurisdictions, extradition may assist in bringing them to justice due to punishment in an appropriate nation. There may, however, be issues larger than extradition such aw who has the right to charge the accused and bring them to trial.
Transnational crimes: Due to the fact that these criminals are generally brought to trial in the nation they are caught (eg a drug smuggler is caught and sentenced in Australia), extradition may have a relatively small role to play. It may, however, be an issue in a larger ring or group of criminals eg a person planning the drug smuggling may be extradited to Australia.
Crimes against the international community: These are the most effected by extradition as the accused is likely to flee the nation. The role of extradition can be seen in the case of Sudan, where perperators of crimes against the international community were charged and imprisoned only after being extradited back to Sudan.

Name and describe one contemporary domestic and one international human rights abuse.
Domestic: mandatory detention of asylum seekers, infringes on human rights to freedom, innocence until proven guilty, etc, though is in compliance with the Refugees Convention.
International: Child soldiers, infringes on several fundemental human rights including the Convention on the Rights of the Child and it's Optional Protocol on Child Soldiers but is still practised internationally, particularly by rebel groups.

Distinguish between criminal and civil law, giving examples when appropriate.

 

[Jackets]

farkkkkk =(. nah automatism, and you were right.

Nah, it's not called automatism. It's called autonomy.

 

[Azreil]

Nah, it's not called automatism. It's called autonomy.

Isn't automatism a defense to a crime though? Like the guy who was sleep walking when he killed someone, but it was proved he was sleepwalking?

 

[charlesdinio]

Name and describe one contemporary domestic and one international human rights abuse.

I HATE human rights.

A domestic human rights issue: workplace discrimination
- involves discrimination in employment, equal opportunity, and equal pay for equal work.
- outlawed under a plethora of legislation: racial discrim act, anti discrim act, equal opp for women in the workplace act

An international human righs issue:
- child slavery, involves children working unsustainable hours for little to no wages.
- reports compiled: ILO Slavery Convention
- outlawed under the UDHR 1948 s(4)


briefly assess the effectivness of non legal measures in protecting HR

 

[charlesdinio]

Isn't automatism a defense to a crime though? Like the guy who was sleep walking when he killed someone, but it was proved he was sleepwalking?

haha yeah, it just indicates that the accused had not even partial control over their actions - completely acquitted

 

[Jackets]

Outline the role of extradition in dealing with international crime.

Crimes committed outside jurisdiction: As these criminals tend to move through different jurisdictions, extradition may assist in bringing them to justice due to punishment in an appropriate nation. There may, however, be issues larger than extradition such aw who has the right to charge the accused and bring them to trial.
Transnational crimes: Due to the fact that these criminals are generally brought to trial in the nation they are caught (eg a drug smuggler is caught and sentenced in Australia), extradition may have a relatively small role to play. It may, however, be an issue in a larger ring or group of criminals eg a person planning the drug smuggling may be extradited to Australia.
Crimes against the international community: These are the most effected by extradition as the accused is likely to flee the nation. The role of extradition can be seen in the case of Sudan, where perperators of crimes against the international community were charged and imprisoned only after being extradited back to Sudan.

Name and describe one contemporary domestic and one international human rights abuse.
Domestic: mandatory detention of asylum seekers, infringes on human rights to freedom, innocence until proven guilty, etc, though is in compliance with the Refugees Convention.
International: Child soldiers, infringes on several fundemental human rights including the Convention on the Rights of the Child and it's Optional Protocol on Child Soldiers but is still practised internationally, particularly by rebel groups.

Distinguish between criminal and civil law, giving examples when appropriate.

Criminal law: The law that involves the state, where the case is brought before a court by the state, who represent the Queen. Criminal law is used for more serious (indictable) offences, where the actions of one person infringe on the safety and security of the entire state. For example, murder, sexual assault.

Civil law: Tort law that is used for disputes involving two individual parties, where the main form of punishment is damages or specific orders.

 

[Jackets]

Isn't automatism a defense to a crime though? Like the guy who was sleep walking when he killed someone, but it was proved he was sleepwalking?

Yeah, it just means involuntary movement caused by a condition, so I guess that could be used as a defense. But she was referring to autonomy, where all legal rights are given upon reaching legal age.

 

[Azreil]

Non-legal measures include NGOs. Their primary role in addressing human rights issues is raising awareness and pressuring governments. However, their role in reporting human rights violations to international organisations has been informal. A more formalised recognition of NGOs in this area is needed for their impact to be fully effective.

=P

Also the role of the media in raising awareness of human rights issues, as can be seen in media reports on asylum seekers.

Outline the police's search and seizure powers.