Assessment item 2 - Critical Analysis

Assessment item 2 - Critical Analysis

You will be required to prepare a critical analysis. Further details around the critical analysis will be provided at the beginning of the session.

Scenario:

You are a legal intern at a criminal law firm in Sydney. Your senior partner has asked you to research and analyse a recent case involving the admissibility of an admission made by a suspect during police questioning.

The case involved a young man, Alex, who was arrested for assault. During questioning, which lasted for several hours without a break, Alex, who has a history of anxiety and learning difficulties, appeared visibly distressed and made several incriminating statements. However, his lawyer argues that the admissions should be excluded due to concerns about the fairness of the questioning process and Alex's mental state at the time.

Additional facts:

The police officers did not inform Alex of his right to legal representation until after he had made the incriminating statements.

During questioning, the officers repeatedly used phrases like "you'll feel much better if you just tell us the truth" and "everyone makes mistakes, but coming clean is the best thing you can do now."

Alex requested to use the restroom and speak to his parents on several occasions, but these requests were initially denied by the officers.

Your task is to prepare a comprehensive analysis of the legal issues surrounding the admissibility of Alex's admissions, considering the following:

Analyse the relevant provisions of the Evidence Act 1995 (NSW) concerning the admissibility of admissions, particularly sections 84, 85, 90, and 138. Explain how these provisions apply to the facts of the case.

Critically evaluate the common law test of voluntariness in the context of Alex's situation. Consider factors such as the suspect's age, mental state, and the conduct of the police during questioning.

Examine relevant case law addressing the admissibility of admissions in similar circumstances. How do these precedents inform the legal arguments in Alex's case?

Based on your analysis, provide a reasoned legal opinion on the admissibility of Alex's admissions. Clearly articulate your arguments and support them with relevant legal principles and case law.

In your analysis, you should:

Demonstrate a thorough understanding of the legal framework surrounding the admissibility of admissions.

Apply critical thinking skills to analyse the complex legal issues at play in Alex's case.

Engage with relevant case law and legal reasoning to support your arguments.

Clearly articulate your legal opinion and provide justifications based on sound legal principles.

Marking Criteria

Criteria 100% - 85% (HD) 84% - 75% (DI) 74% - 65% (CR) 64% - 50% (PS) 49% - 0% (FL)

Description and explanation of issues Describe the legislation in comprehensive and relevant detail with demonstrated awareness of the impact on contemporary law reform and social policy Identify, clearly define and explain all major issues and themes relating to the legislation including possible problems and solutions Identify, clearly define and explain most major issues and themes, identify some possible problems Define and explain the major issues and themes Fail to define the major issues and themes

Analysis of legislation Demonstrate excellent knowledge of the history and context of legal issues relating to the provision, including its rationale and a strong awareness of its significance Demonstrate firm knowledge of the history and context of legal issues relating to the provision, and demonstrate a good awareness of its significance Demonstrate a good understanding of the provision and an awareness of its significance Demonstrate an understanding of the the provision and an awareness of its significance Fail to demonstrate a basic understanding of key aspects of the provision

Demonstrating research skills and use of appropriate resources Numerous citations throughout paper and sources that are cited are original, and/or of high academic quality; Draw on a variety of contemporary sources and commentaries Use case law examples and legislation effectively, clearly and with relevance to illustrate issues and themes raised by the case; Refer to case law in your discussion, Use research appropriately, demonstrating understanding of that research, Refer to case law in your discussion, cite sources that are of academic standard Inadequate research undertaken as evidenced by very limited or no references cited

Accurate citation of sources and referencing Demonstrates comprehensive referencing consistent with the Australian Guide to Legal Citation Demonstrates accurate referencing consistent with the Australian Guide to Legal Citation Demonstrates referencing mostly consistent with the Australian Guide to Legal Citation, with minor errors Demonstrate an attempt to cite and reference accurately and comply with the Australian Guide to Legal Citation Fails to use Australian Guide to Legal Citation or does so with significant errors

Language, grammar and spelling

Uses legal language effectively and with faultless spelling and grammar

Uses legal language effectively and with excellent spelling and grammar

Uses clear and fluent language with accurate grammar and spelling

Uses understandable language, notwithstanding some grammar and/or spelling errors

Significant errors of language, grammar and spelling