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Introductory notes
Focus Study: Crime

By Mary Doolan Coonabarabran High School

Outcomes

A student:

Principal Focus

In applying the framework, students explain and understand legal processes and institutions within the context of crime and understand the tension between community interests and individual rights and freedom (Legal Studies Syllabus p45)

A crime is defined as “any act or omission of duty that results in harm to society and which is punishable by the state”.

In the course of studying the focus study: Crime, students will be able to understand the legal processes and institutions within the context of crime, as well as understand the tension between community interests and individual rights and freedom.

Many issues surround this topic. Students must learn to identify these issues, be able to determine what makes it an issue and be able to communicate this to the marker.

The Crime question in the HSC examination is compulsory. It is examined as a structured response. Students should refer to past HSC examination papers and review how the crime component of the course has been examined in previous years. Students will note that in past years a stimulus has been used in the crime question although this is not always the case (for example the 2006 and 2007 HSC Crime questions did not refer to stimulus material). If a stimulus is used then students MUST REFER TO THE STIMULUS in their answer if directed to in the question.

Students will also enhance their understanding of crime if they stay in touch with current affairs (read the paper, watch the news ….) as crime is an issue which preoccupies a great deal of the media’s time. Whilst this section of the HSC examination does not explicitly require that student answers refer to current media (in contrast to the optional focus studies), tuning in to current media will enable students to learn first-hand about the operation of the criminal justice system on a state, national and international level. In addition, students will hear and read about and therefore familiarise themselves with terms and concepts such as bail, remand, legislative reform, jury, judge and counsel for the accused. Finally a knowledge of current events will assist students to think critically about legal processes and institutions within the context of crime and about the tension that exists in this area of law between community interests and individual rights and freedoms (of both the victim and the accused). Such skills will enhance students developing a deep understanding of this aspect of their legal studies and to write informed and well considered responses to this compulsory aspect of their HSC examination.

To this end it is HIGHLY RECOMMENDED that students keep a crime media clippings file as a reference point for this aspect of their studies. This file will provide students with valuable examples which they may call upon in their examinations. At the very least it will assist students to deepen their understanding of this focus study and to stay up to date with new developments in the area of crime.

If students are seeking an excellent speech which tackles Crime – What Is It? And many other useful topics such as crime prevention – what works and what doesn’t? - they should read the Director of Public Prosecution (DPP), Nicholas Cowdery’s 2006 speech entitled Crime in the Community . Students will note that the office of the DPP’s website contains full transcripts of Nicholas Cowdery’s speeches on crime many of which relate to syllabus content areas such as sentencing which add a valuable depth and currency to students understanding of this area of coursework.

Themes of the course

The six themes that are incorporated across topic areas and reflected in the outcomes of the Preliminary and HSC Legal Studies courses are:

Justice, law and society

• the interrelationship between the concepts of justice, law and society

Continuity and change

• the evolution of legal rules and institutions
• the importance of precedent in establishing rules
• the effects of social, political, economic and ideological factors and of community attitudes
• the means and processes by which the law changes

Culture, values and ethics

• the extent to which law reflects the culture and values of different societies and groups within society
• the importance of ethics in the functioning of society

Legal process and institutions

• how laws are made
• the nature of legal institutions such as parliaments, Courts, the United Nations
• the adjudication and settlement of disputes and enforcement of legal rules

Conflict and cooperation

• the nature and extent of conflict in society
• the place of law in resolving conflict and encouraging cooperation

Effectiveness of the legal system

Effectiveness within the legal system has a number of meanings. They include:

• the extent to which an issue can be dealt with by the law
• if an issue is dealt with by the law, how well it is dealt with in terms of ease of access, simplicity, consistency, predictability and delivery of just outcomes
• the capacity of a law to stop or change human behaviour.

Crime: Areas of Content

Students learn about:

• Key legal concepts and features of the legal system
• Legal issues and remedies
• Morality, ethics and commitment to the law
• Effectiveness of the law:
  • for individuals:
  • for society
• Law Reform

Crime: Key Questions/Issues

Key Questions/Issues

• What kinds of behaviour are criminalised? Why?
• How does the practical operation of the criminal process influence enforcement of the law?
• Do people show the same respect for all criminal laws? Why?
• Is the adversary system the best system for achieving justice in criminal trials?
• What international instruments have been developed with respect to international crime?
• What role could be played by an international criminal Court?
• What international instruments and regimes have been developed with respect to extradition?
• To what extent is there a proper balance between the rights of the victim and the rights of the community; and between the rights of the victim and the rights of accused people?
• What are the implications of plea bargaining for the notion of justice for the accused, the victim, the community and the efficiency of the Court process?
• How effective are the various forms of punishment in achieving their objectives?

Crime: An important point regarding terminology

It is important that students know the terms used in the syllabus – particularly content ‘dot-points’ and that they be very familiar with directive terms from the Board of Studies glossary of key words so that they can answer questions in examinations correctly. There is also a glossary of Legal Studies terms in the syllabus.