Legal Studies HSC essay plan
PART 2: EFFECTIVENESS OF THE LAW IN ACHIEVING JUSTICE
Evaluate the effectiveness of the law in balancing the rights of offenders, victims and society to achieve justice. This section must be structured as an extended response – introduction, body, and conclusion. INTRODUCTION
Thesis – your line of argument – consider the Q You are being asked to comment on the effectiveness of the law in achieving justice there are many factors which need to be taken into account – mention that the aim of the system is to balance the interests of competing parties – AIM OF THE SYSTEM IS TO SECURE JUSTICE. Remember – what is justice? How is justice achieved – balance: equality, access, fairness
Consider – It is often said that the criminal justice system works in favour of the accused and neglects the rights of the victims. There are of course aspects of any system which may be seen to favour one party over another – however, our legal system in Australia works very hard to ensure the interests of all parties are met and that equality and fairness are present in the judicial process.
HOW? – through the operation of the separation of powers doctrine, by upholding principles of the rule of law etc.
It is often in the sentencing process that society perceives injustices to occur – why? discretionary nature of sentencing – but surely this is a positive aspect of our system?
Many factors must be considered when evaluating the effectiveness of the law in achieving justice for all those involved in the criminal justice system.
You can consider the interests of the relevant parties in two main categories:
- justice for individuals (offenders, victims)
- justice for society
Identify your case – an example of a case which reveals the many factors needed to be taken into account in balancing competing interests.
For example – the *** case represented as case which reflects how the law attempts to successfully??? unsuccessfully? balance
Evaluate the effectiveness of the law in balancing the rights of offenders, victims and society to achieve justice. This section must be structured as an extended response – introduction, body, and conclusion. INTRODUCTION
Thesis – your line of argument – consider the Q You are being asked to comment on the effectiveness of the law in achieving justice there are many factors which need to be taken into account – mention that the aim of the system is to balance the interests of competing parties – AIM OF THE SYSTEM IS TO SECURE JUSTICE. Remember – what is justice? How is justice achieved – balance: equality, access, fairness
Consider – It is often said that the criminal justice system works in favour of the accused and neglects the rights of the victims. There are of course aspects of any system which may be seen to favour one party over another – however, our legal system in Australia works very hard to ensure the interests of all parties are met and that equality and fairness are present in the judicial process.
HOW? – through the operation of the separation of powers doctrine, by upholding principles of the rule of law etc.
It is often in the sentencing process that society perceives injustices to occur – why? discretionary nature of sentencing – but surely this is a positive aspect of our system?
Many factors must be considered when evaluating the effectiveness of the law in achieving justice for all those involved in the criminal justice system.
You can consider the interests of the relevant parties in two main categories:
- justice for individuals (offenders, victims)
- justice for society
Identify your case – an example of a case which reveals the many factors needed to be taken into account in balancing competing interests.
For example – the *** case represented as case which reflects how the law attempts to successfully??? unsuccessfully? balance