Hi there,

 

 

 

Criminal Justice

LAW reform Inquiry submission on Battered Woman’s Syndrome, as discussed in case law .

Word limit : 2500

Referencing style : AGLC3

Structure the submission in accordance with the following headings, and address the following issues: 

1) Historical Background - Provide a brief historical background to the law. In your historical background, include when and why the crime was introduced in NSW and the purposes of the law. 

 

2) The Current Law - In this part, outline and analyse the existing legislative provision, or common law definition. In your analysis of the defence, you will need to outline the criminal law elements of the defence (and any relevant offence for the purposes of your discussion). Examine any notable cases and critical commentary in relation to your chosen criminal defence or exception. 

 

3)The Aims of Criminal Justice - In this section, you are to examine the different approaches to criminal responsibility, drawing on existing literature. Address how philosophical ideas about the role of criminal justice inform your chosen area for reform. Consider how the defence sits in the context of the broader legal context, and why reform is appropriate on this issue to promote a particular understanding of the aims of the criminal justice system in NSW.

 

4) Arguments for and against legal change - Outline and critically examine arguments for and against legislative change in your chosen area oflaw. You may want to consider how key stakeholders have been, are being, and might be, affected. Acknowledge any roadblocks or challenges that might impact reform in this area. Place the law in the broader context – consider social, moral, political and economic factors that will impact on the legislative reform. 

 

5)Recommendations for Change - In light of your analysis in the previous sections, make recommendations for amendment. Remember to be concrete and realistic in your recommendations: state what Parliament should change in relation to the legislative provision(s) and how they should change it so that the limitations placed on criminal responsibility better reflect modern standards of acceptable behaviour. 

 

Style of submission : Persuasive, concrete,analytical,professional and ethical.

 

All arguments should be supported with evidence

- Use statistics and other data where appropriate to provide support

- Use only reliable sources (eg Australian Institute of Crimonology and BOCSAR for statistical data, etc)

- Use strong clear language, but avoid hyperbole or generalisations 

 

Provide analysis of the law itself

– apply both statutes and case law, engage in statutory interpretation

- Identify and address counter-arguments – reasons the law should be maintained as it is, or alternative measures for reform

- Identify why the law exists as it is, and identify the purpose of the provision in analysis

- Identify positives about the law, and elements that should be retained 

 

Make recommendations, not merely criticism of what is wrong

- The more specific the analysis and proposals, the better

- Think about the reality of the government’s position. How will they implement what you are proposing?

- Be creative, but realistic

- Look to other jurisdictions, for ideas on how to change NSW law 

 

Your tone doesn’t need to be overly formal, but it does need to professional

- Use the correct legal terminology as appropriate

- Use footnotes for referencing and use the AGLC3 for citation

- Proof read, or even better have someone else look it