When making a judgment on the effectiveness of legislation, the decision in a case or the effectiveness of the legal system it is important that students follow the following criteria:
HSC Legal Studies Criteria:
Enforceability
When making a judgment on the enforceability of the legal system a number of questions should be considered by students.
Are there punishments for non-compliance? If so, are they significant enough to create deterrence?
Are there enough police resources to ensure that those who breach the law are caught?
Is the legislation clearly drafted? Is the legislation objective and clear or does it give room for judicial discretion?
2. Meeting Societies Needs
When making a judgement on whether societies needs are being reflected students need to consider the following.
Does the legislation reflect the majority of the community interests?
Does the legislation put an unfair burden on a minority party or group?
Does the decision of the case reflect the morals and values that are held by the majority of society?
3. Protecting Individual Rights
When making a judgement on the protection of individual rights it is important that students consider the following.
Does the legislation/decision of the case protect the rights of the victim?
Does the legislation/decision of the case protect the rights of the offender?
Does the legislation/decision of the case protect the rights of bystanders?
Does the legislation/decision of the case effectively weigh up the rights of the victim and the offender?
4. Accessibility
When considering whether or not the legal system is effective in ensuring accessibility students should consider the following:
The amount of time required or taken for a case to be heard in court after the date the alleged crime or breach was committed.
The ability for victims and offenders to access legal professionals
The quality of legal aid that may be available to both victims and offenders
5. Rule of Law
When making a judgement on whether the rule of law has been upheld students should consider whether:
The power of any party is above the law
6. Responsiveness
When making a judgement on the responsiveness of the legal system student should consider:
The frequency of law reform
Whether the most recent law reform has effectively protected individual rights and met societies needs
Whether the law has adapted to changing social values and beliefs
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