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Legal essay: Please help (1 Viewer)

Bina8

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This is the question
Assess the effectiveness of the criminal trial process in balancing the rights of victims, offenders and society

We have to choose 3 factors, I've chosen 3 and found articles already:

Dietrich v The Queen [1992] HCA 57
-Legal representation
-Examine the role of legal representation in the criminal trial

March 5 2018: Cardinal to face Australian court on sex abuse charges
-Defences to criminal charges: in achieving justice
-Assess the use of defences to criminal charges
Though for this one .. can someone explain to me what the article has to do with defences to criminal charges? My teacher gave me this one and said I should do it since it's recent

December 1 2015: Robert Xie trial jury discharged after failing to reach verdict over Lin family murders
-The role of juries, including verdicts in the criminal trial
-Evaluate the effectiveness of the Jury system

I don't really know how to structure the introduction
And body paragraphs, like do I focus more on the articles? Or do I bring up the article and use it to explain how effective the Jury system is, for example? In general, structure is my main issue
(It's due on Monday) I'd appreciate the help :)
 

spaghettii

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For introductions, I usually start off with a general statement, which in this case could be
"The criminal trial process works consistently to ensure a balance between the rights of victims, offenders and society."
Then you could make a statement with your judgement (e.g. The criminal trial process is highly effective/highly ineffective/varies in effectiveness) and list the issues you will explore.

As for your body paragraphs, you're using the cases/articles to explain the effectiveness of certain aspects of the trial process (essentially the second thing you suggested).

Best of luck! Hope I was able to help :)

EDIT: I read through the article and I've gotta admit there doesn't seem to be much in there with regards to defences. Maybe see if there are any other recent articles that involve a defence?
 
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Bina8

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For introductions, I usually start off with a general statement, which in this case could be
"The criminal trial process works consistently to ensure a balance between the rights of victims, offenders and society."
Then you could make a statement with your judgement (e.g. The criminal trial process is highly effective/highly ineffective/varies in effectiveness) and list the issues you will explore.

As for your body paragraphs, you're using the cases/articles to explain the effectiveness of certain aspects of the trial process (essentially the second thing you suggested).

Best of luck! Hope I was able to help :)

EDIT: I read through the article and I've gotta admit there doesn't seem to be much in there with regards to defences. Maybe see if there are any other recent articles that involve a defence?
Thank you so much :) Especially for the introduction part, now that I have an idea of how to set it out I'm sure I'll be fine
How about this article?
http://www.dailymail.co.uk/tvshowbiz/article-5383143/Seal-not-face-charges-claims-groped-neighbor.html
 

spaghettii

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Thank you so much :) Especially for the introduction part, now that I have an idea of how to set it out I'm sure I'll be fine
How about this article?
http://www.dailymail.co.uk/tvshowbiz/article-5383143/Seal-not-face-charges-claims-groped-neighbor.html
I'm glad I could help :)

I'd personally avoid cases from overseas where possible (unless the question is about international law or world order) simply because of the varying criminal justice systems between different countries.
I'm not sure if this is recent enough, but R v Silva is an excellent case in demonstrating the use of defence.
Here's a link to an article I found: http://www.abc.net.au/news/2015-03-06/jessica-silva-avoids-jail-for-manslaughter-of-abusive-partner/6285488
 

Bina8

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I'm glad I could help :)

I'd personally avoid cases from overseas where possible (unless the question is about international law or world order) simply because of the varying criminal justice systems between different countries.
I'm not sure if this is recent enough, but R v Silva is an excellent case in demonstrating the use of defence.
Here's a link to an article I found: http://www.abc.net.au/news/2015-03-06/jessica-silva-avoids-jail-for-manslaughter-of-abusive-partner/6285488
Thank you :)
 

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