legal

Gundy Case – warrants incorrectly filled out and arguably police actions were illegal which resulted in the death of David Gundy in 1989Candidates are being asked to evaluate the statement, not necessarily the criminal justice system. Yet the marking criteria requires candidates to “Comprehensively and accurately evaluate how sentencing and punishment attempts to balance the rights of victims, offenders and society”. Poor question.
This question starts after an offender has been found guilty and is to be sentenced.
This is the key part of the Legal Studies syllabus that pertains to the question:
4. Sentencing and punishment
• statutory and judicial guidelines
• the purposes of punishment: deterrence (specific and general), retribution, rehabilitation, incapacitation
• factors affecting a sentencing decision: aggravating and mitigating circumstances
• the role of the victim in sentencing
• appeals
• types of penalties including: no conviction recorded, caution, fine, bond, suspended sentence, probation, criminal infringement notice, penalty units, community service order, home detention, periodic detention, forfeiture of assets, imprisonment, diversionary programs
• alternative methods of sentencing including circle sentencing, restorative justice
• post-sentencing considerations, including security classification, protective custody, parole, preventative detention, continued detention, sexual offenders registration, deportation
SOURCE: http://www.boardofstudies.nsw.edu.au/syllabus_hsc/legal-studies.html pp. 19-20.

Further: Elements of 5. Young Offenders and 6. International Crime could be referred to as well.

Some points, cases, legislation and media that were used / could have been used in student responses:
Sentencing process:
• statutory and judicial guidelines
 Statutory and judicial guidelines inform the exercise of judicable discretion in the area of sentencing. They aim to provide greater uniformity in sentencing matters and