Writing a Legal Studies Essay

In the HSC, Legal Studies students are required to write 3 essays: two 25 mark essays and one 15
mark essay. As essays comprise 65% of the exam, it is therefore important for students to build their
essay writing skills early.

Many of these essays are based on paragraphs that are ‘issue based’. This means, it is very important
to understand a variety of contemporary issues that are occurring in society. This actually makes
essay writing in Legal Studies much easier than many other subjects.

Most Legal Studies paragraphs can be written using a paragraph structure called SLEEL. This is
what each of the letters stand for:

Statement This is your opening sentence which indicates what your

paragraph is going to be about and how it links to the question

Law This is the main piece of legislation (or case) which links to the
issue

Explanation This is the explanation of what the legislation does

Evaluation This is where you evaluate the law. This is possibly the most
important part of the paragraph. If you do not evaluate in your
essay, you cannot access an A and will probably not get a B.

Link This is the final link back to the question. You must make sure
you sum up your paragraph and link it back to the question

Evaluation in Legal Studies Essays

The most important part of Legal Studies essays is your evaluation. An evaluation is making a
decision, based on evidence, on whether a law is ‘good’ or ‘bad’. For the most part, you will be asked to
decide if the law is ‘just’.

There are 2 main ways you can evaluate the law:

1. Using a set of criteria

2. Using media articles/reports/cases/statistics

Let’s look at each of these in turn.

1. Using a set of Criteria
This process involves measuring effectiveness against a set of criteria. The criteria is based on
how we would measure whether a law is ‘just’.

Here is a range of criteria you could use:

 Does the law provide equality?

 Does the law provide fairness?

 Does the law make the legal system accessible?

 Does the law ensure the rights of individuals?

 Does the law reflect the values of society?

 Is the law efficient? Is it a good use of society’s limited resources?

 Does the law ensure the rule of law?

 Is procedural fairness provided?

2. Using media articles/cases/reports

Official reports, media articles, statistics and cases are good tools to use to support an argument in
an essay. They provide evidence for our argument. Good sources of support include:

 The Sydney Morning Herald

 ABC News
 The Guardian
 The NSW Bureau of Crime Statistics and Research (BOCSAR)
 Specific cases which highlight the law working

We can use these sources to back up our argument. We don’t particularly need direct quotes, just
a one sentence summary of the article/case/statistic.
AN EXAMPLE
Question: Evaluate the effectiveness of the criminal justice system in balancing the rights
of victims, offenders and society.

S Continued detention is an extremely controversial area of sentencing and punishment

which makes evident the difficulty in balancing the rights of the victim, offender and
society to achieve justice.
Statement

L Under the Crimes (High Risk Offenders) Act 2006 (NSW) the government is able to apply
Law to the courts to have a sex offender or high risk violent offender who has completed the
end of their sentence to be kept in prison.
E
Explain

E This is effective in guaranteeing protection for society and the victim from high risk sex
and violent offenders who may pose a risk. However, it is does not achieve justice for
the offender as it it is a significant breach of the rights of an individual by allowing them
Evaluate
to be detained despite having committed no further offences. Furthermore, through the
case of Tillman v Australia the UN Human Rights Committee found that this breaches
the right for an individual to be free from arbitrary detention and has been declared
unconstitutional by the High Court of Australia in the case of Kable v DPP. Despite this,
the law is still in place in NSW.

L Thus, continued detention is an area of sentencing and punishment which is

questionable on how effectively it manages to balance the rights of the accused, victims
and society to achieve justice.
Link
Writing a Law Reform Essay
Law reform essays need a few tweaks to the standards SLEEL paragraph. It is important that you
discuss WHY the law has changed.

Statement This is your opening sentence which indicates what your paragraph is
going to be about and how it links to the question

Law This is the main piece of legislation (or case) which links to the issue. If it
has replaced another piece of legislation, you should include it as well.

Explanation This is the explanation of the reform. It is important to include

an explanation of WHY the law has changed.

Evaluation This is where you evaluate the reform. Has the change led to an
improvement in the law? Support with evidence.

Link This is the final link back to the question. You must make sure you sum up
your paragraph and link it back to the question

Question: To what extent has law reform led to greater justice in the criminal justice
system?

S
Continued detention is an extremely controversial area of the criminal justice system which has
undergone law reform in the last decade.

Statement

L
In 2006, the NSW government replaced the Crimes (Serious Sex Offenders) Act 2006 (NSW) with
the Crimes (High Risk Offenders) Act 2006 (NSW).

Law

E
This change increased the number of offenders who could continue be held in prison despite
coming to the end of their sentence. While previously this law only applied to serious sex
offenders, in 2013, it was expanded to include those who are considered to be high risk violent
Explain offenders. This change aimed to better reflect the values of society to protect the community
from high risk offenders.

E
While this change can be seen to be effective in achieving this aim, it is highly questionable if
this reform ensures the individual rights of the offender. In allowing offenders to be detained
despite having committed no further offences, their right to be free from arbitrary detention is
Evaluate infringed. This view is supported through the case of Tillman v Australia where the UN Human
Rights Committee found that this legislation breaches the ICCPR. Furthermore, it has been
declared unconstitutional by the High Court of Australia in the case of Kable v DPP. Despite this,
the law is still in place in NSW.

L
Thus, while the introduction of the Crimes (High Risk Offenders) Act 2006 (NSW) could be seen
to ensure greater justice for society, it is evident that it fails to do so for offenders. The issue of
continued detention therefore highlights the difficulty of the law reform process in ensuring
Link greater justice for all members of society.
Sample Law Reform Essay
Introduction Paragraph

Your introduction should be a broad discussion of the main concepts we

have spoken about with law reform.

As a general rule, do NOT mention legislation, cases, media and so on in

an introduction – this is too specific. There are rare occasions where
this might happen when a particular statute is central to the entire
essay.

A good practice is to indicate what areas of the law you are going to
discuss in the essay. For example: This can be seen in the areas of gun
reform, continued detention and ‘one-punch’ laws.

Your introduction would normally be around 100 words

Paragraph 1 Notes

Continued detention is an extremely controversial area of the criminal Note the references to the
justice system which has undergone law reform in the last decade. In question throughout the
paragraph. These are
2006, the NSW government replaced the Crimes (Serious Sex Offenders) highlighted in yellow.
Act 2006 (NSW) with the Crimes (High Risk Offenders) Act 2006 (NSW).
This change increased the number of offenders who could continue be
held in prison despite coming to the end of their sentence. While
previously this law only applied to serious sex offenders, in 2013, it was
expanded to include those who are considered to be high risk violent
Note the multiple methods
offenders. This change aimed to better reflect the values of society to used to evaluate the law –
protect the community from high risk offenders. While this change can both criteria (eg whether the
be seen to be effective in achieving this aim, it is highly questionable if law reflects society’s values)
this reform ensures the individual rights of the offender. In allowing and cases (Tillman v Australia
and Kable v DPP)
offenders to be detained despite having committed no further offences,
their right to be free from arbitrary detention is infringed. This view is Note the lack of discussion of
supported through the case of Tillman v Australia where the UN Human the case. It is merely
Rights Committee found that this legislation breaches the ICCPR. referenced.
Furthermore, it has been declared unconstitutional by the High Court of
Australia in the case of Kable v DPP. Despite this, the law is still in place
in NSW. Thus, while the introduction of the Crimes (High Risk
Offenders) Act 2006 (NSW) could be seen to ensure greater justice for
society, it is evident that it fails to do so for offenders. The issue of Note that the link back to the
continued detention therefore highlights the difficulty of the law reform question at the end contains a
process in ensuring greater justice for all members of society. (267 final evaluative statement
words)

Paragraph 2 Notes

The contentious issue of gun reform in Australia is one which highlights

the ability of the law reform process in leading to just outcomes. In
Note the relatively brief
response to 13 mass shooting incidents in Australia between 1981 and discussion of the Port Arthur
1996, culminating in the Port Arthur massacre where 35 people were Massacre – there is no need to
killed, the Australian Federal parliament passed the National Firearms go into extensive detail on
Programme Implementation Act 1996 (Cth). This legislative reform cases – only that information
(commonly known as the National Firearms Agreement) restricted the which is relevant to the actual
question is needed
private ownership of several forms of semi-automatic weapons while
also introducing uniform firearms licensing across the country.
Furthermore, a mandatory ‘buy-back’ scheme was implemented leading
to 643,000 firearms handed in Australia-wide. At the time, this reform
was highly contentious, with the gun lobby vocal in their criticism
claiming the changes impinged on the right of ‘sensible gun owners’ to
licensed gun ownership and the need for such weapons in some Formal opinion polls can be a
circumstances. In contrast, broader Australian society was highly good way to demonstrate
society’s values on an issue. Eg
supportive of the laws, with polls at the time indicating 90% support,
same sex marriage
evidently reflecting society’s values at the time. The effectiveness of this
reform is evidenced through the absence of any gun related massacre in
Australia since the NFA was introduced. Additionally, numerous
academic papers indicate that gun related deaths also declined post the
laws introduction. Since this initial reform, a number of further
Again note that the final
legislative amendments have been introduced, which only enhance the sentence links to the question
protection of Australian society from gun related deaths. It is therefore BUT, is also specific on the
evident, that reforms to gun laws in Australia have been highly effective nature of the evaluation.
in not only reflecting the values of the majority of Australian society, but
also reducing gun-related deaths in this country. (260 words)

Paragraph 3 Notes

In response to the highly publicised cases of R v Loveridge (death of Note the use of the reason for
the reform is outlined in the
Thomas Kelly) and R v McNeil (Daniel Christie), the NSW government topic sentence. This can be a
implemented significant law reform to deal with alcohol related useful process for
violence. In 2014, the Crimes and Other Legislation Amendment commencing paragraphs for
(Assault and Intoxication) Act 2014 (NSW) was passed, placing a legal essays. Always think
mandatory minimum sentence of 8 years imprisonment for assaults about the WHY of laws.
which occasioned death when intoxicated. While this law was broadly Notice that the L (law) and E
supported by society at the time, it was heavily criticised by legal (Explanation) are combined in
experts for the ‘knee-jerk’ manner in which it was implemented. The this paragraph.
President of the NSW Bar Association, Phillip Boulton SC, suggested that
mandatory penalties do not work to reduce criminal activity and Dropping the names of legal
experts in positions of power
furthermore, disadvantage vulnerable groups. Additionally, former DP is a good way to provide a
Nicholas Cowdery highlighted the possible lack of fairness that would well-regarded evaluation of an
develop owing to the removal of judicial discretion. Numerous issue
difficulties with effective enforcement of the law are also evident,
particularly with regard to judging a person’s level of intoxication. The Note the use of connectives
(highlighted) in this
implementation of this law highlights the difficulty of the law reform
paragraph. Having a bank of
process in providing just outcomes, in particular, the struggle to reflect connective words is a really
society’s values while simultaneously ensuring the rights of offenders easy way to add sophistication
are ensured. Further, the role played by the media in agitating for to your writing.
change and how this may lead to reforms that do not result in the most
just outcomes, is demonstrated in this issue. Overall, the issue of ‘one- Generally, law reform can be
very complex – the law is very
punch’ laws provide evidence of the complexity of the law reform rarely black and white. Feel
process and the difficulty of ensuring that legislative change leads to a free to highlight this
more just society. complexity in your link
sentences

Conclusion
Your conclusion should NOT be a re-writing of your introduction. Your
conclusion must sum up your findings in your essay. In other words,
what does your essay say about law reform? Your evaluations in your
paragraphs will give you a sense of what to write. Your conclusion
would normally be about 100 words.

To Add
And, in addition, moreover, besides,
above all, further, furthermore, not
only…but also, what’s more, in the
same way, and then, equally
important,
To Contrast
But, however, whereas, conversely, in
contrast, unlike, on the contrary, on the
other hand, yet, in contrast, although
this may be true, nevertheless,
alternately
To Emphasise
Mainly, especially, notably, in
particular, particularly, clearly then,
definitely, extremely, obviously, in
fact, indeed, in any case, absolutely,
positively, naturally, surprisingly,
always, forever, eternally, never,
emphatically, unquestionably, without
a doubt, certainly, undeniably, without
reservation, significantly, more
importantly
To Prove
Because, for, since, for the same reason,
obviously, evidently, furthermore,
moreover, besides, indeed, in fact, in
addition, in any case, that is
Connective Words (Good Legal ones highlighted)
To Express an Alternative
Alternatively, on the other hand, rather
To Show Consequence
Consequently, so, accordingly, as a
result for this reason, hence, thus, owing
to this/that, due to this/that, because of
this/that, therefore, with this in mind,
under these circumstances
To Give an Example
For example, that is, such as, for
instance, thus, as follows, the
following, in another case, on this
occasion, in this situation, take the case
of, to demonstrate, to illustrate, as an
illustration, as revealed by, as
demonstrated by, as highlighted by, as
evidenced by, as illustrated by
To Start a New Point
With regard to, with reference to,
turning to, as for…, as far as…is
concerned
To Show Cause and Effect
Because, since as, therefore,
consequently, as a result, for this reason,
subsequently, accordingly, as long as
To Conclude
In conclusion, to conclude, finally, in brief,
therefore, otherwise, on the whole, in
summing up, to conclude, as has been
shown, as state, hence, therefore,
accordingly, thus, as a result, consequently
To Show Exception
Yet, still, however, nevertheless, in spite of,
despite, of course, once in a while,
sometimes, even though
To Show Sequence
First, firstly, second, secondly (so on), At
first, next, then, following this, at this time,
now, at this point, after, afterward,
subsequently, finally, consequently,
previously, before this, simultaneously,
concurrently, at the same time, hence, next
and then, soon, eventually, in the end, lastly,
finally, as a result, subsequently,
To Compare
Likewise, similarly, in comparison, by
comparison, correspondingly, in the
same way, compared to, as with
To Explain
That is to say, in other words,
namely, this means, to put it in
another way, to put it simply
To Generalise
Generally, in general, on the whole, in
most cases, normally, as a rule, in most
cases, usually, for the most part
To Show Time
Immediately, thereafter, soon, after a
few hours, finally, then, later,
previously, formerly, next, and then,
a while later, afterwards