Country : Australia
Assignment Task

 

Introduction- 

The area of law being examined is the defence insanity, the term legal insanity also refers to the “mental state” of a person. In simple words, legal insanity means, at the time of the commission of the act, the person should be suffering from mental illness and also have a loss of reasoning power. Despite having a jury is being part of a democratic society, the insanity defence reform act was established in 1984 meaning it has been around for a lengthy time. Another major argument against the insanity defence challenges its supposed moral basis. Critics contend that modern criminal law is concerned more with the consequences of crime and less with moral imperatives. If a person commits a criminal act, that person should be convicted so whether or not having a jury in a high-profile case is just and equitable for all stakeholders. Currently legislation exists in every Australian state and territory that provides the accused with a criminal trial involving the victim, the defendant and the jury. The purpose of this essay is to explain why the insanity plea, or the insanity defence in not a legitimate defence for any type of crime. The alternative of changing existing legislate in Queensland will be considered and a recommendations made based of the contentment of equality and justice. 

1 - What is the area of law being examined?

 

Nature and scope 

  1. Introduce concept/area of law

  2. Why is this concept/area of law an issue (inequitable and or unjust) in today’s society?

  3. Compare and contrast the law (of the issue) across different jurisdictions (Australia/international)

  4. How does Qld/Australian laws compare to other jurisdictions (states, territories, international)?
     

Concept of mandatory sentencing

  1. What is the definition of relevant legal principles/practices/processes relating to the concept/area of law?

  2. Why is there a need for law reform in current society regarding the chosen concept / area of law?

  3. What is the current intention of the law? 

  4. When applying the law to stakeholders, does it satisfy its intentions? 

  5. Are the legal outcomes for stakeholders just and equitable? Explain.

 

Viewpoint 1 

  1. Are the legal outcomes for stakeholders just and equitable? Explain.

  2. How are they affected (positively/negatively)? Explain.

  3. How are they affected (positively/negatively)? Explain.

  4. What does the interpretation and analysis of legal information demonstrate about the law’s ability to provide just and equitable outcomes for relevant stakeholders?

  5. What are the advantages/disadvantages?

  6. What does the interpretation and analysis of legal information demonstrate about the law’s ability to provide just and equitable outcomes for relevant stakeholders?


 

Viewpoint 2

  1. Who are the stakeholders affected by the law? 

  2. How are they affected (positively/negatively)? Explain.

  3. What are the advantages/ disadvantages of the legal consequences?

  4. What does the interpretation and analysis of legal information demonstrate about the law’s ability to provide just and equitable outcomes for relevant stakeholders?

  5. What are the advantages/disadvantages of the legal consequences for stakeholders with respect to the topic?

  6. What does the interpretation and analysis of legal information demonstrate about the law’s ability to provide just and equitable outcomes for relevant stakeholders?

 

Legal Alternative 1

  1. What is the main idea behind the alternative for law reform being proposed?

  2. What are the specific changes to current legal practices to be made? Include references

  3. If the proposed changes were applied, what would be the legal implications and outcomes for relevant stakeholders?

  4. How does your evidence support?

  5. How are these legal implications and outcomes an improvement from current legal practices?

  6. How does this proposed change improve the legal outcomes for stakeholders (as identified in your thesis statement)?


 

Legal Alternative 2 

  1. What is the main idea behind the alternative for law reform being proposed?

  2. What are the specific changes to current legal practices to be made? Include references to the specific sections of the law and other applicable legal processes. 

  3. If the proposed changes were applied, what would be the legal implications and outcomes for relevant stakeholders?

  4. If the proposed changes were applied, what would be the legal implications and outcomes for relevant stakeholders?

  5. How are these legal implications and outcomes an improvement from current legal practices?

  6. How does this proposed change improve the legal outcomes for stakeholders (as identified in your thesis statement)?

 

Recommendation

  1. Which proposed alternative for law reform will provide stakeholders with more just and equitable outcomes?

  2. How will the decided proposal be more just and equitable for stakeholders?

  3. How does your evidence support the proposed change with respect to the legal concept/area of law?

  4. How are these legal implications and outcomes an improvement from current legal practices?

  5. How does this proposed change improve the legal outcomes for stakeholders (as identified in your thesis statement)

 


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  • Uploaded By : Roman
  • Posted on : March 10th, 2019

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