Evaluate:
In an evaluate question it is very important to come to a conclusion. You cannot 'sit on the fence'. You should be comparing the advantages and disadvantages and then you should come to a conclusion. It would be a good idea to have an opening sentence and then have a concluding paragraph. They usually will have a few different topics within the question that you will have to link together. 'Evaluate' questions usually are allocated more marks (anywhere between 5-10).
Example: Evaluate the effectiveness of the rights of an accused. [8 marks]
In the criminal justice system, there are three rights that an accused is entitled to. An accused has the right to be tried without unreasonable delay, the right to a fair hearing and the right to trial by jury. Despite some weaknesses, these rights are effective in the criminal justice system.
The right to be tried without unreasonable delay means that an accused is entitled to have their case heard in a timely manner. This right is effective as this right benefits the accused since they may be in custody or remand and the victims who want to receive justice without undue delay. Since this right benefits so many people, there is more of an incentive to uphold this right.
The right to a fair hearing relates to having a hearing decided by a competent, independent and impartial court. This is an effective right as many hearings are conducted in a public setting which means that if this right is not upheld, it will be subjected to public and media scrutiny. It ensures that the laws are applied properly and fairly.
However, some cases are not open to the public. This lack of transparency may lead to the courts not adhering to the right to a fair hearing. Therefore in a closed court, the right to a fair hearing may not be effective.
Nonetheless, the right to trial by jury is effective as it is protected through statute law and section 80 of the Constitution. Any person charged with an indictable offence and pleads not guilty is entitled to a trial by jury. Even though Section 80 only relates to Commonwealth indictable offences, most crimes come under the jurisdiction of statute law which ensures that this right is upheld.
Although, the right to trial by jury is ineffective in cases involving summary offences or indictable offences heard summarily. The right to trial by jury is only available to those charged with indictable offences, limiting this right.
Ultimately, despite the weakness of closed-court cases and summary offences not being eligible for trial by jury, the rights of an accused are very effective. They ensure all cases are heard within a timely manner, a fair trial is conducted and that all indictable offences are entitled to a trial by jury.
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The Studyclix Team