Legal Studies ‘The needs of victims of crimes are not well recognised in our criminal justice system. More needs to be done to support victims of crime.’ Discuss. Victims of crime face the consequences of a criminal act but our legal system offer support in the way it functions. The criminal justice system meets standards of the community and delegates much of its values to the needs of its victims, so one must disagree that victims are not supported in our criminal justice system. Victims are taken in to account in the criminal justice system, victims can be compensated for medical and therapy costs as well as other things, and victims can give an impact statement on how the offender has impacted on their lives. In Victoria we have The Victims’ Charter, which helps to improve the rights of victims and finally victims are considered in the factors when determining the penalties for the offenders. Compensation is a way of addressing the needs of a victim. In Victoria we have the Victims of Crime Assistance Tribunal, which makes awards of financial assistance for victims of crime. Compensation provides victims a financial assistance, for violence, loss of earnings, the cost of long-‐term counselling and medical and funeral expenses. Compensation provides assistance for three types of victims; primary, secondary and related victims. This shows that in the criminal justice system, they recognise that victims may need compensation. They provide victims means of support, using financial assistance by allowing it to be interpreted by a judge that the accused must compensate the victim. This shows that support is given to victims of crime. Victims of crime in Victoria are given the opportunity to provide an official statement to the court on how the crime has affected their lives. This shows that the consequences of the crime affecting the victims’ life can be expressed to the court. This demonstrates that it values the needs of the victim as they are given the chance to express themselves. By structuring the courts to hear their impact statement they are providing means of support. These impact statements can be made to the court if the accused is found guilty. They are used to ‘assist the court on determining the sentence’, which reflects the criminal justice system recognising the victim, the sentencing act was amended to give this recognition and giving victims more ways of support. A victim can also call a witness to help support their statement. This allows the victim to express the impact of what the crime has done on their life. Which then reflects on the criminal justice system proving needs of a victim to talk about change in their lifestyle to the court, then used when determining the offender’s sentence. In Victoria we have the Victims’ Charter to improve the needs of a victim and recognition in the criminal justice system. The Victims’ charter provides victims with a number of rights that support them when dealing with the justice system. The rights inform the victim of any compensation available to them, the progress of the investigation, the charges laid against the accused and the date and time of the court hearing, the outcome of the criminal procedure, the right to make an impact statement and other information about court process. Thanks to the Victims’ Charter, victims of
violent crimes can now have a say in the early release of offenders, which recognises the individual needs of the victim, and supports them to feel safer. By making the submission to the Adult Parole Board when the offender is about to be released. The Victims’ Charter ensures that victims of crime are well supported when dealing with the criminal justice system by allowing a number of rights, which will also recognise their needsto know what is going on and what they can do, the court will value the victim and delegate the Victims’ Charter to supporting them. The sentencing act and the decision of the Court of Appeal guide judges and magistrates when sentencing an offender they refer to current sentencing practices and the maximum penalty. A victim is supported by being involved in the factors judges and magistrates use to determine the penalty of the offender, and this shows that the victim is recognised in the criminal justice system as a key support to helping judges and magistrates in determining the penalty. The judge or magistrate will account for the victim’s circumstances. This is done by determining what effects the crime has had on the victim also the age and capacity of the victim may be taken into consideration. This shows that victims are supported and recognised for a number of considerations in the criminal justice system. Injury, loss or damage to the victim, is considered by the judge to know the impact, or degree of injury, or loss to the victim to be able to support them in the penalty given to the offender. For example compensation, which shows that injuries or loss are recognised and the need to seek financial system is supported by sanctions. This shows that a judge or magistrate takes into account the victims needs after the crime, the need to feel safe and to be recognised in the criminal justice system by taking them into consideration when using the factors to determine a penalty. In conclusion victims of crime face the issues of the outcome made by crimes, but are well supported and recognised in the criminal justice system by how it functions. The community, through the criminal justice system, delegates values to meet a standard of support for victims of crime in our community. So therefore victims are given enough support in the criminal justice. Victims are provided, if the judge chooses to do so, with sanctions that will help needs of a victim such as financial assistance through compensation. Victims can give an impact statement, with the need to express themselves to court. The Victims’ Charter provides the need for victims to have rights and finally they are considered in the factors when determining the sentence for the offender, for the need to stay safe. So no more needs to be done to support victims of crime in Victoria. By Mason Peter
Parliament, using the legislative process, responds efficiently to the needs of the community. ‘To what extent do you agree? Explain.
Throughout the history of Australia the Australian Commonwealth Parliament has used the legislative process, to respond to the needs of the community in a systematic and productive way by involving the Upper house (the senate) and the Lower house (the house of representatives). The process is efficient and necessary. To society the way parliament is structured and how it represents the people is important. How the legislative process allows for parliaments to respond effectively, and the role of delegated legislation in responding to the community. To know how the parliament using the legislative process responds productively to the needs of the community we must know its structure and how this structure handles the legislative processes in, parliaments structure is set put so all community’s in Australia are represented. The formation of parliament is based on Britain’s Westminster system. The Australian Commonwealth Parliament is Bicameral this means it consists of the Crown and two Houses: a lower and an upper. The lower house consists of 150 members that are elected by the community of their electorate to represent his or she’s community view, during the debating part of the legislative process than once the bill goes through the lower house and has been voted on and gets majority votes it is sent to the upper house. In the upper house the bill is debated on where 76 six senators debate and argue the issues it may cause, unlike the lower house the upper house has 12 senators for each state so each state is equally represented. The bill is then voted on and if majority votes for it, it is sent to the Governor-‐general and once signed by him it becomes an act of parliament. So through this productive and systematic system the legislative process responds efficiently to the community needs because bills are only introduced to the legislative process if it will be of interest to the community and values each minister’s views of the party in government. This shows that the structure if parliament can effectively using the legislative process meet the needs of the community. The legislative process allows for parliament to respond effectively because when parliament is aware of a rising need in the community they can act to achieve a desired result because the needs of the community is essential. They can consider the possibility’s to introduce a Bill or amend an act, by thinking very carefully before making a decision taking in account the needs of the community at the time. Once parliament has decided to act on the needs of the community they will spend money and resources on how to resolve the problem using the appropriate action in this case the legislation process, they will get there government departments to research more about the problem in the community because they have more connections in the community. Once the research is done the minister responsible will either depending on the need put forward a amendment of an act or a bill through parliament to respond effectively to the needs of the community. Parliament has done this throughout the history of Australia. Therefore parliament responds effectively because of its systematic and productive approach to the needs of the community. Delegated legislation plays a key part in the effectiveness of parliament in law making; the types of delegated legislation are statutory authorities, Government departments, Executive council and Local municipal council. The role of Delegated legislation is to make laws to benefit the
community and its needs. Laws can be made quickly and within specific areas and eases the workload of parliament. The advantage of this productive and systematic process is it gives bodies with more efficient expertise in a particular area to make some rules e.g work place. It eases the workload of parliament, changes can be made quickly, it recognises that different geographic areas have special and particular requirements and it may allow for greater participation by the community in law making. The problems with delegated legislations role is that other than council who make delegated legislation are not elected, it is difficult to know who is actually making the laws. It is difficult for the average person to know when these laws have changed, there may be more than one body making delegated legislation, a problem is that some bodies do not consult with the public before making rules. Although parliament gives these bodies the power to make laws, does parliament exercise enough control over the laws made. Delegated legislation is a good idea because it can respond to the community quick but the role of delegated legislation may not always be reviewed enough in parliament to see if it is being efficient enough. To an extend the parliament uses its legislative process, and legislative powers in a productive and a systematic function to fulfil the needs of community but is always not always efficient in responding to the COMMUNITY needs. The structure of parliament is a place were each community of Australia is represented in the upper house and lower house, the legislative process allows for government to respond efficiently and the role of delegated legislation lets more involvement of community in law making. By Mason Peter
You are presumed innocent until proven guilty. You cannot be made to provide or give evidence that could incriminate you. You are not compelled to testify or confess to guilt. You don’t have to answer any questions put to you by police except name and address. Police can ask questions to help solve investigations. When a police officer asks you to accompany them to the police station you do not have to go unless you are arrested. You must be told the offence you have committed, you do not have to answer any questions at the police station. You must have a parent, guardian or independent there when being questioned or taken into custody. You have the right to make a phone call from the police station to a lawyer or friend. You should be cautioned and you are entitled to an interpreter, if you need one.
You only have to give police your name and address if you have -‐
Committed an offence or may be able to assist in an investigation of an indictable offence.
If asked for your name and address you can request the police officers name, rank and place of duty.
Police can conduct a search with or without a warrant. A warrant is a court order that gives the police permission to conduct a search.
Search with a warrant-‐ police can obtain a warrant to search premises if it is necessary to secure: -‐ -‐ -‐
Evidence of an offence Anything that is intended to be used in an offence Stolen goods You can request to see the warrant Search without a warrant-‐ police can conduct a search of premises without a warrant if the person agrees to the search of the premises. Permission may not be needed in some circumstances. Search of body-‐ the police can search body, clothing and property. Because you are under the age of 18 you can only be searched in the presence of a parent or guardian and that there is a warrant from the children’s court for you to be searched.
Fingerprints can be taken from suspects aged 15 years and over charged with, or are reasonably believed to have committed and indictable offence or certain summary. Police must inform you of the details of the alleged offence and tell you that the fingerprints can be used as evidence in court. If you refuses to give your fingerprints, reasonable force can be used to take the prints. If you are a young person aged 15 to 17, the process must be videotaped or audiotaped and a parent, guardian or independent person must be present. The police can take fingerprints from a young person aged between 10 and 14 years with the consent of the child’s parent or guardian. The police must inform the parent or guardian of the details of the alleged offence and that the fingerprints may be used as evidence in court.
A forensic procedure can only be conducted on a child aged between 10 and 17 years with a Children’s Court order. The Children’s Court will take into consideration the same factors as the Magistrates’ Court. In addition, the court will take into consideration the degree of alleged involvement and the age of the child. The court cannot order a forensic procedure to be carried out on a child under the age of 10 years. Generally, a young offender is eligible for a caution if they have no previous involvement with the police. The caution remains in police records; however, it is not recorded as a ‘prior’ conviction. It is inadmissible against an offender if there is a later court appearance.
If a driver exceeds the speed limit by 45km per hour or more then hoon laws apply. If it is the drivers first time then their car is impounded or immobilised for 48 hours, the second time the car will be impounded for three months and on the third go you will most likely loose your car. If you exceed the speed limit by 45km/h or more you get 8 demerit points and 12-‐month suspension.
English Is it cruel to keep animals in cages and in zoos Are we to Prejudiced to see that animals have rights? No! Animals should not be kept in cages and zoos. There is over 10,000 zoos exist worldwide, holding about a million vertebrate animals, they should have equal rights to live just as we do, they have walked this earth long before we were around. It is cruelty at its worst. They are kept in small confined cages, stuffed in zoos for our own amusement; is their imprisonment worth this tragedy? Why should they be isolated from the rest of there kind: they have done nothing wrong. It is unnatural to take something from its habitat, so why do people do it? Recent studies show that animals at zoos are very unhappy but also mentally disturbed as a result of captivity .The answer is simply we are not RESPECTFUL! What ever happened to the days when animals where worshiped or treated as equals like the mighty dogs and cats of Egypt. By taking animals from their natural habitat they are not only taking it away from its family but also altering the wildlife’s food chain. Many animals are what keep pests number down. What if all the animals that do this are in zoos? We as Australians should know how this feels, remember the Stolen Generation? Everyone does it’s where the Government took children from their family’s, THERE NATURAL surroundings and also killed the chance of learning their culture. Many zoos claim research as a defence but very few zoos finance research. We are not the only ones on this planet, is it about time we treated others with the same rights, as we like too have. 5% of species in UK zoos are officially listed as endangered but many zoos are using the excuse of offering shelter to those of endangered species and to help repopulate and study them to educated people and for our amusement. Shockingly only less than 1% of these animals in UK zoos have been reintroduced to the wild Facts have shown that animals that live in cages and zoos have a shorter life span and have problems with breeding. This shows that animals are put through stress and are losing their animal instincts, through generations of breeding in zoos, earlier studies show that 2% of the worlds 6’000-‐plus threatened or endangered are listed registered in zoos breeding programs. This shows that actually do very little to help, so why don’t they just leave them alone? There are many other ways to offer refuge to animals, for example natural parks, reserves, park rangers all these things can be another result and free ranged animals for food products all these can be better outcomes
instead of caging and putting animals in zoos. Animals should be given the right to live outside cages and zoos as we do too. Have you ever wondered why tigers wonder endlessly up and down; Elephants rocking back and forth; bears repeatedly nodding or swaying their heads from side to side; Animals biting the bars of their cages. Isolation is damaging animal’s integrity. They are deprived of their freedom, forgetting how to hunt, how to defend for themselves and what food to eat. They lose their pride their honour and the feeling of how to be independent. They lose social behaviour; they become stressed, frustrated and as an outcome become unsettled. We are literally putting animals into a state of utter madness; they start acts of self-‐mutilation, biting themselves, bashing their heads and other body parts against their enclosures walls. There is a resolution to isolation. People can go on safaris and see animals proud and mighty and not paying for a zoo ticket to keep them isolated in a cage or zoo. That way it wont be cruel or wont confine them to cages. If we have moral expectations to be free why can’t animals. It is unnatural to take them from their precious habitat, and zoos offer other means to help endangered species if you do not agree than you are of the generations who have lost respect for animals, and to think your ancestors may have worshiped them once. It is therefore unnecessary and wrong to keep animals in cages, and stare at them for our amusement, we should learn how to share this planet and let animals live among us peacefully. Isolation is damaging animal’s principles their way of life, the mighty morals they used to represent, they can only breed so many generations in zoos before they completely lose these skills. As a result we are making them go insane, and exiling them to small confined spaces. So is it fair to take the right of other species, away when they were walking this earth before us. By Mason Peter
Dragonkeeper by Carole Wilkinson 20/3/11
TEA IN CHINA Tea has a long history in china it is one of the oldest beverages, tea was first discovered by a Chinese emperor Shennong in 2737 BCE who believed boiling water was a good hygiene practice. Tea is one of the seven daily necessities’. The story of tea goes like this one day, on a trip to a distant
region Shennong and his army stopped for a rest. A servant began boiling water for him to drink, and a dead leaf from the wild tea bush fell into the water. It turned a brownish colour, but was unnoticed and presented to the emperor anyway. The emperor drank it and found it very refreshing, and that is the story of tea, but it was considered as a medical beverage it was around 300 A.D when it became a daily beverage. It is know recognised as a key to Chinas culture as it shows their advancement in herbal medicine during Dynasties. By Mason Peter ‘Students should Have Two Week Holidays Over Easter Break’ Students need a two week holiday break over the Easter period, to help them relax from their schooling and to let their brains rejuvenate. Students need to keep focused in their formal years of education and the two week holidays allows them to relax and keep focused, too much work will overload their brain and may cause students to lose sight of the importance of work and what they are aiming to achieve. Many would say that laziness is generated over the holidays BUT DO TEACHERS REALISE THE AMOUNT OF HOMEWORK THEY GET! A student needs a good balance between school and their personal life because it may lead to depression and degrade their social skills. Ten weeks of intense study will overload any brain, that’s why it is an important aspect of school to be given a holiday break especially two weeks over the Easter break. Students aren’t just studying one subject but up to seven at a time! If Police encourage motorists to take a 15-minute nap during long hours of driving because of the risk of crashing is higher, then why shouldn’t students be given a two weak break over the holidays so their brain doesn’t overload and cause them to get behind on their studies and let their brain break down. That’s why the holidays offer a student’s brain to rejuvenate because school can put a lot of stress on a student and especially because the work is continuous. And if it wasn’t for the two weak holiday break over Easter students would have brain overloads and their overall achievement in schooling would be affected and would not allow them to focus on the task at hand, and would affect their learning progress. Brain overloads can cause a student to change their attitude and that can change stress level intakes and the students direction, wouldn’t you prefer a happy student! Many people argue that the holidays generate a habit for students to become lazy, but students are literally struggling to complete the homework given to them by the teachers over the two weak holidays, which shows that students have really no time to have a holiday. But in a students defence how many teachers have left marking an assignment till after the holidays, so they can relax and spend time with friends and family, so isn’t that classed as lazy anymore? After all students have a right to know their scores in a reasonable
amount of time since they put all their time and effort into it. Also many students are involved in sporting clubs outside school for example footy and many senior students train 2 nights a week and play on weekends to obtain the required amount of skill level to play in their age group, this is not promoting laziness in a students holiday, some students stop playing sport because their school work increases to level that requires those extra hours at training needed for doing homework. So the facts are clearly shown that a student’s school life and social life do not generate laziness especially in their formal years. An un-stable work ethic can cause an emotional disruption in a student’s formal years of schooling especially with the workloads students deal with and the amount of time they give up just to make enough time for their formal years of work. By having this break over Easter this allows students to relax and not let their emotions be stressed out by the endless stacks of homework. This break also let’s students catch up with friends and wont downgrade their social skills e.g. communicating with people, because they don’t have to stay home and do homework. So by giving the students a two week holiday over Easter as clearly shown in beneficial to their ability to network in the community and will lower their risk of depression. In conclusion to ‘certain’ people the two-week holidays over Easter may not be all that important but in true fact they are an essential key for students. Not only do they give the student time to relax and let their brains rejuvenate, it insures that the brain is not overloaded and that a student doesn’t have a mental breakdown. At the Same time it gives the chance of a student developing depression at lower risk and dose not degrade a students social skills. Basically holidays are more important to students then they seem. By Mason Peter
CHAPTER ONE The cold soft floor of the kitchen was all Tek could feel on the bottom of his feet he stood the in black leather shoes, white socks, grey stubby shoots and a green polo that had West Mistier High the old black and white laminated was all but worn in a couple of places. The sounds of clinging metals bouncing off, the old weathered walls as mum was cleaning the dishes, the creamy 70’s wallpaper was all but torn. It showed the thickened plaster walls even that had cracks in it. I sat down at the dinner table the wood was rather smooth the wood grains had been visible more than ever. Mum had just polished it I could tell, because of the bright light reflecting off of it. I looked out the window the sun was just setting; I could see the yolk
shaped object, balancing on the horizon. The purples, reds and pinks made me blink, as it was hard for my eyes to comprehend the numerous shades of colours. The way to school was very intense, since I had missed the bus the cracked rundown pavement of Mistier made me stumble time and time again. I had never missed the bus before and now I know why it will never happen again. You are probably wondering why I’m going to school at night well this may surprise you but I am a vampire; my parents are to in fact the whole town is a refuge for them in fact it has the most hours of night in the world. I approached the timid school gates the creeping dead grass weaved its way around the gate. I slowly walked up the raged path the crunching sounds of pebbles, the chattering sound of groups as vampires gathered with their peers as they had so much to discuss due to the weekend break. I saw my friends they were just a few metres in front of me, Kyle stood the tallest, my so called peer group consisted of Alex a female with blonde hair and white ghost skin with large pale blue eyes, Kyle very lanky creamed colour skin with green eyes and brown hair and also Peter shortish, stumpy with brown eyes and short blonde hair. “Tek you finally made it” they all shouted at once “yeah I got caught up at home, the weekend was a bit tiering” I responded sharply. “Tek we have to get to class quick, we have maths first up and you know how grumpy Mr Pi gets on Mondays, crazy old man” replied Alex. we all laughed and headed of to the E wing, we walked into class, took our seats up the back we weren’t the coolest group at school but we were one of them. Mr Pi walked; his dull face added to the room’s tension, everyone had a drowsy look on their face “Oh My God” said Alex shuffling through her books looking for something she looked at me I knew that face, her worried face “did you do your homework” her sour voice had lost its happiness, I panicked I looked straight up Mr Pi stood in front of Alex and I.