shazabdazla
Member
hi....was just wondering about ppl's answers and what you wrote about...so here are mine...
Multiple choice:
1. b
2.a
3.c
4.b
5.c
6.c
7.d
8.b
9.d
10.a (i no...its b....)
11.d
12.d
13.c
14.a
15.c
Human rights:
a) domestic HR = freedom of religion
protected = under section 116 australian constitution, which is only changed through referendum, making the right strong and difficult to abolish
b) international HR = right to asylum
protection = by international bill of rights, under the ICCPR 1966...first generation right...but, not always enforced domestically eg Tampa boat people
c) Effectiveness of the law in protecting HR:
-depends on country you live in
-eg's = tampa boat ppl and sept 11+war on terrorism
-Tampa boat ppl: didnt get right to asylum and to effective judicial remedy...were arbitarily put in detention....right to seek asylum n not be punished under ICCPR 1966.....and australia has signed treaty....but still up to aus to enforce...aus has gone against, showing weakness of IL...treaties rely on state enforcement
-Sept 11 lead to war on terrorism and iraq.....even though UN vetoed against this proposed invasion, frailty of UN and lack of enforceability mean US and 'coalition of the willing' unable to be stopped....right to liberty, life, and security of person under ICCPR 1996 denied...ineffective
Aus govt has power of defence (s51const), and sending more troops to protect aus further breaches HR of iraqis...
Aus govt passed legis...BSLA bill 2002 etc but does not protect all countries..
thus can see the limited effectiveness...
Crime:
a) types of crime:
1. drug offences (eg toney's possesion, sam's illegal use, toney's possible trafficking=indictable)
2.Crimes against the person (eg toney abuses sam)
3. White collar crime = crimes against property committed by ppl re: personal economic gain...(eg toney copying tapes and breaching IPR)
b) legal measures Aus could deal with international crimes:
1. extradition(definition and role)..eg toney tried in country wanted in for drug charges
2. under UNCROC 1990 child abuse, especially sexual exploitation i s illegal...this is ratified into aus dom. law through crimes act 1900 nsw and c+yp (c+p) act 1998...thus can be enforced domestically....
c) effectiveness of legal sys. in dealing with int. crime..:
1. extradition but only effective if extradition treaty exists
2. renedition = informal concept of extradition but only consensual
3. treaties = only binding if enacted into domestic law...eg uncroc
4. police disretion means limited investigation thus many crimes unnoticed eg sams abuse and copying tapes
5. lack of police power and corruption also increases ineffective..
6. fear of reporting...such as sam reporting sex exploit and abuse (against uncroc) means crimes not reported...ineffective
bla bla didnt even talk about icc and icj or ngo's and media!!! ffffffffffffffffffff@@@@ck!!!!!!!!!
d) criminal penalties generally do reflect community standards and expextations: (really struggled.....no good points)
1. abolition of capital p'ment
2. standard of proof beyond reasonable doubt (pment given only if sure person is guilty...shows values of accused rights)
3. but...Bilal gang rapists 55 years, Pauline Hanson's 3/4 years...Pauline's sentence criticised as being too high in cimparison with only 55 years for planned gang rape..not a reflection....crap crap crap....
4. sentencing act 1989 ensures 3/4 of sentence carried out in detention before parole allowed...=incapacitation, rehab...
5.Youth Justice Conferencing.....reflects expextation children protected and rehab...
6. jury (judge by peers) decide guilt or inno..reflects society's views of whether person is guilty/should be punished???bull...lol
7. judge considers aggravating and mitigating factors when deciding penalty
8. community service and good behaviour bonds reflect expectation that everyone should contribute to society..
9. drug court nsw = rehab non violent drug offenders
blah blah blah
this is getting really long....ok ill write another one for essays....
what did you write for crime??????????????????and others...
Multiple choice:
1. b
2.a
3.c
4.b
5.c
6.c
7.d
8.b
9.d
10.a (i no...its b....)
11.d
12.d
13.c
14.a
15.c
Human rights:
a) domestic HR = freedom of religion
protected = under section 116 australian constitution, which is only changed through referendum, making the right strong and difficult to abolish
b) international HR = right to asylum
protection = by international bill of rights, under the ICCPR 1966...first generation right...but, not always enforced domestically eg Tampa boat people
c) Effectiveness of the law in protecting HR:
-depends on country you live in
-eg's = tampa boat ppl and sept 11+war on terrorism
-Tampa boat ppl: didnt get right to asylum and to effective judicial remedy...were arbitarily put in detention....right to seek asylum n not be punished under ICCPR 1966.....and australia has signed treaty....but still up to aus to enforce...aus has gone against, showing weakness of IL...treaties rely on state enforcement
-Sept 11 lead to war on terrorism and iraq.....even though UN vetoed against this proposed invasion, frailty of UN and lack of enforceability mean US and 'coalition of the willing' unable to be stopped....right to liberty, life, and security of person under ICCPR 1996 denied...ineffective
Aus govt has power of defence (s51const), and sending more troops to protect aus further breaches HR of iraqis...
Aus govt passed legis...BSLA bill 2002 etc but does not protect all countries..
thus can see the limited effectiveness...
Crime:
a) types of crime:
1. drug offences (eg toney's possesion, sam's illegal use, toney's possible trafficking=indictable)
2.Crimes against the person (eg toney abuses sam)
3. White collar crime = crimes against property committed by ppl re: personal economic gain...(eg toney copying tapes and breaching IPR)
b) legal measures Aus could deal with international crimes:
1. extradition(definition and role)..eg toney tried in country wanted in for drug charges
2. under UNCROC 1990 child abuse, especially sexual exploitation i s illegal...this is ratified into aus dom. law through crimes act 1900 nsw and c+yp (c+p) act 1998...thus can be enforced domestically....
c) effectiveness of legal sys. in dealing with int. crime..:
1. extradition but only effective if extradition treaty exists
2. renedition = informal concept of extradition but only consensual
3. treaties = only binding if enacted into domestic law...eg uncroc
4. police disretion means limited investigation thus many crimes unnoticed eg sams abuse and copying tapes
5. lack of police power and corruption also increases ineffective..
6. fear of reporting...such as sam reporting sex exploit and abuse (against uncroc) means crimes not reported...ineffective
bla bla didnt even talk about icc and icj or ngo's and media!!! ffffffffffffffffffff@@@@ck!!!!!!!!!
d) criminal penalties generally do reflect community standards and expextations: (really struggled.....no good points)
1. abolition of capital p'ment
2. standard of proof beyond reasonable doubt (pment given only if sure person is guilty...shows values of accused rights)
3. but...Bilal gang rapists 55 years, Pauline Hanson's 3/4 years...Pauline's sentence criticised as being too high in cimparison with only 55 years for planned gang rape..not a reflection....crap crap crap....
4. sentencing act 1989 ensures 3/4 of sentence carried out in detention before parole allowed...=incapacitation, rehab...
5.Youth Justice Conferencing.....reflects expextation children protected and rehab...
6. jury (judge by peers) decide guilt or inno..reflects society's views of whether person is guilty/should be punished???bull...lol
7. judge considers aggravating and mitigating factors when deciding penalty
8. community service and good behaviour bonds reflect expectation that everyone should contribute to society..
9. drug court nsw = rehab non violent drug offenders
blah blah blah
this is getting really long....ok ill write another one for essays....
what did you write for crime??????????????????and others...