Criminal Law: Crimes Act 1900 NSW - Once Murder to Assist a Person to Commit Suicide - Research Essay Writing Assessment Answers

Internal Code: 1ICDB

Topic: Criminal Law Essay Writing Assignment

‘It was once murder to assist a person to commit suicide. But such conduct should be regarded neither as murder, manslaughter nor any other crime. The time has come to repeal s 31C (and s 31B) of the Crimes Act 1900 (NSW).’ Critically discuss.

CRIMINAL LAW RESEARCH ESSAYS

(i) Research essays and sources of evidence Research essays are designed to give you an opportunity to extend your knowledge of criminal law by conducting independent research on a topic or question. While you should start thinking about your answer and approach to the topic from the outset, you should engage in some initial research and background reading before revisiting the question. This is especially important where the topic extends your knowledge of criminal law, or where the issues are not covered in class in a direct way. Your response to the question may change as you learn more about the subject of the question. Often, research essays are set around an area of law that is new or unsettled, with competing perspectives and approaches. Your task is to determine, based on evidence that you cite in your essay, which argument or approach is most persuasive and sound. It is therefore important that you provide an argument that engages the sources significant to the research question. The best starting point for any research essay is the text and associated readings. Prescribed materials are, however, only a starting point. You will need to engage in independent library research – it is essential for research essays. As for the types of evidence you might cite in a research essay, statute (including subordinate legislation, explanatory notes and Hansard), case law and policy documents are all relevant, as is academic literature (journal articles and books). Criminal law develops rapidly and it is not uncommon for new sources of law and policy to emerge throughout the semester on any given topic. Keep an eye out for new legislative amendments, cases or policy documents as you write. A sound research essay will consider all sources, citing those that are most relevant to your points of analysis and argument. The research you undertake must uncover information that is accurate, relevant and up to date (as necessary) – and legally compelling. A research essay must be well referenced, using the AGLC as standard. (ii) Structure – and the need to present a, properly substantiated, argument You must provide an Introduction, a Body and a Conclusion. In your Introduction, you must set out your thesis, and provide context for the discussion to follow. At the outset, read the question carefully and pay specific attention to the words used and what they require of you. Once you have planned your essay, it should be easy to write an introduction quickly. When you read the question, you should be thinking about whether you agree or not with what is said in the quotation(s) provided – and, even more importantly, what your approach is to the question that you have been asked. As you develop your argument in the body of your essay, ensure that you address competing arguments – and do that in such a way that ultimately advances your thesis. Make sure also to include a roughly equal amount of information about the competing perspectives you will address. And whatever you do, make sure to have an argument. If, for example, you are asked a question about whether the criminal law gives too much emphasis to community protection concerns, it is not enough to note that, in the areas of the law that you are considering, the judges have developed rules that are influenced by the ‘community welfare principle.’ Such an approach would be both excessively descriptive and insufficiently analytical. You must also comment on whether, in your view – having regard at all times to material that you have read in Criminal Law – the courts have given excessive emphasis to such concerns: i.e. have been too ready to depart from principle. In your Conclusion, reiterate your main argument. We do not expect you provide anything too lengthy, but at this stage, you do have an opportunity to clarify what you have said in the body of your essay and to provide a basic summary of the position that you have advocated. (iii) The criteria that we apply The following scheme gives you an idea of the criteria that we will apply when grading the essays: ? A pass is a reasonable amount of information on the essential issues raised by the question. Pass responses usually avoid self-contradiction, but they can be characterised by glibness, imprecision, inaccuracy and/or unclear expression. Some evidence of reading beyond the course materials. Relevant research beyond the course materials cited. ? To obtain a credit grade, you must have a thesis (a central argument) and some analysis. Evidence of relevant reading with significant references beyond the course materials cited. ? To obtain a distinction grade, you will need to provide a clearly written and properly substantiated argument that is brought to a convincing conclusion. Your analysis must also be reasonably sophisticated and you must show that you have a good knowledge of the topics that you have chosen to write about. Evidence of relevant reading with significant references beyond the course materials cited. ? To obtain a high distinction grade, you must produce work that satisfies all of the criteria that must be fulfilled if you are to be awarded a Distinction; and your work must be (i) error-free/almost error-free; (ii) thorough; and (iii) (a) display some originality and/or independence of thought; and/or (b) demonstrate that you have a very detailed knowledge of the case law etc and an ability to reflect deeply on the strengths and weaknesses of the arguments presented by judges and commentators. Evidence of relevant reading with significant references beyond the course materials cited. Remember that each question has its own requirements. Read the question carefully and do what you are asked. (iv) Common mistakes and helpful tips

• Failing to be critical enough. As stated above, it is not enough to be descriptive. You must work out an argument and you must defend your position. Provided that you are not saying something that is demonstrably discriminatory and untrue, we do not care what your argument is – reasonable minds differ over whether, to use one of the above examples, community protection concerns have had too great an emphasis on the content of the criminal law – but we do care about whether (i) you have an argument and (ii) you substantiate that argument properly.
• Self-contradiction. Too much of this will leave the marker with no option but to fail you.
• Not reflecting deeply on the case law etc. It is not so hard to extract the basic principles from the judgments that you have read (although it is crucial that you state these principles with precision). It is perhaps more difficult to develop your own views about the desirability of the rules that the judges have enunciated. This requires thought. It also requires you to read the material carefully, not merely skim over cases for the purpose of finding the ratio. If you show the marker that you have really read, thought about and developed a critical approach to the material in the course, you are more likely to impress him/her than if you merely show that you are familiar with some of the more well-known passages from the cases etc.
• Waffling. Make sure to get straight to the point.
• Being repetitive. Again, make sure to get straight to the point.
• Illogicality and/or inaccuracy. It goes without saying that too much of either or both of these will lead the marker to think ‘should I fail this?’
• The focus of the course is NSW, as is this assignment question. Of course what has happened in other jurisdictions (cases, legislation, reform recommendations etc etc), may also be important as comparison.
• Ensure that you properly reference in the footnotes the sources of all information that is not your own – not merely the words of others you may have quoted, but also their ideas. If you plagiarise, you will perish. Utilise the ideas of others to support your argument – do not merely summarise those ideas.
• Think about what you want to establish, why and how – and prepare an outline of your arguments. The essay must not be merely an attempt by you to write everything you know about the topic. Ensure in your outline that you are creating a logical flow to your argument. Decide on an effective beginning and ending to your essay. Once you are reasonably content with your outline, move on to the essay writing.
• You must present an essay that is well researched and rigorously referenced, and that has no problems with spelling or grammar.
• Proof-read thoroughly the essay you submit.
• Given the word length, you will still need to be precise and concise.