Why: We are learning to understand the key concepts of the principles of justice in criminal law WHAT: Research and analyse key concepts pertaining to institutions that enforce criminal law HOW: I know that I have been successful when I am able to use real and hypothetical scenarios to explain the processes of differing institutions and their responsibility in enforcing the law in Victoria __________________________________________________________________________________________________________________________ Work your way through Chapter 9 of the Legal Maze textbook. There are spare copies on my desk/shelf above my desk. Discuss your learning with a critical friend/partner and to read all the sections and complete the “Apply Your Understanding” section on page 202.
You have a Learning Task on Compass which is to completed by the 26th of July. Start on the Learning Task after you have completed the above. The Learning Task is from your text book on page 209. It is as follows: Plan your work first. Research and ensure that you have what you need before making the poster. There is poster paper in the cupbpards in Lester Junior or you can make an Infographic or a PowerPoint if you prefer. I suggest Canvas or Pictochart as a tool to make the infographic. Please use the links above for the infographic and for Local Council Listings. INSTRUCTIONS: Find out more about the work of your local shire council. Find its website and highlight examples of the different types of laws that it has made in your local area. As part of your work you may wish to refer to articles produced by your local newspaper. Prepare a poster that includes the following: a. a map showing the geographic area covered by your local council or shire. b. an explanation of how the local council or shire is elected. c. a list of local councilors and a brief profile or statement of each. d. at least three laws made by the local council or shire and for each include these points. > a brief explanation of the law and the penalties involved. > suggested reasons that the law may be needed in your area. > suggested reasons that the law is made by a local council rather than Parliament.
Entry Task: 1. A true/false activity about police powers. Write your own questions in pairs to test others (or make a Kahoot) use the above link to Police Powers: Your Rights in Victoria (Legal Aid, 2017) to check your answers. 2. Make a three-column table with the middle column to contain a list of the elements of the criminal process, such as arrest, questioning and bail. One of the other columns to include a list of individual rights and the other one to include a list of institutional powers. The completed table can then be used to answer exam-style questions.
OVERVIEW Area of Study 1: ‘Sanctions’ 1. The balance between institutional powers and individual rights 2. An overview of the role and criminal jurisdiction of the Victorian courts 3. The role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals 4. The principles of justice: fairness, equality and access 5. Institutions that enforce criminal law, such as the police and delegated bodies
Task: A class debate on “Police should have greater powers to arrest and detain suspects’ or ‘Youth offenders rights are not sufficiently protected’. Task: A jigsaw activity* on the jurisdiction of the courts, including the limitations of the jurisdiction, and a relevant case example. Task: Questions based on case scenarios requiring judgements about which court has the jurisdiction to hear the case.
*Jigsaw technique: Divide the class into mixed groups. Working individually, each group member is assigned a different topic or an aspect of a topic to examine, and later presents their findings to the group. Students then gather into groups according to topic. Each member again presents their findings to the topic group. In these groups the students discuss points of view and synthesise information relating to the topic, thus building comprehension of the topic. They prepare a final report. The original groups reconvene and listen to presentations from each member. This technique helps students to develop a deep understanding of a topic.
Area of Study 3: ‘Civil liability’
Week 16 - May 27–31
Two areas of civil law and for each area of law (continued):– possible defences – the role of statute law and common law in developing the elements and defences – the impact of the breach on the parties Examine possible defences to negligence. Students are to examine the Hanssen v. Peninsula Private Hospital (2012) case and other case studies to determine the defences used and what needs to be proven in order for each defence to be upheld. Discuss the operation of the doctrine of precedent and examine the impact of precedents set in Donoghue v. Stevenson (1932) and Grant v. Australian Knitting Mills (1936).
Two areas of civil law and for each area of law (continued):– the rights protected by the law – the elements required to establish liability – the limitation of actions Guide students through a PowerPoint presentation on tort law. Two areas of civil law: negligence and defamation First area of civil law—negligence: Introduce the tort of negligence using the Donoghue v. Stevenson (1932) case. With reference to the case, ask students to identify the three elements of negligence—duty of care, breach of duty and damage or injury caused—that are necessary for establishing liability. Students are to explain the meaning of ‘limitation of actions’ in civil cases and using examples, provide reasons for the limitation of actions based on their own research.
Possible plaintiffs and defendants to a civil dispute.
Students are to create a table that compares the parties to a civil case, the purpose of the legal action, the party that has the burden of proof, and the required standard of proof in a civil matter. Provide students with a number of case studies and ask them to identify the plaintiff and defendant in each case and create a summary of the key concepts covered by the facts of the case.
Week 13 May 6 to 10 - Area of Study 3: ‘Civil liability’
The purposes and types of civil law
Key concepts of civil law, including:
limitation of actions
Introduce students to civil law through various scenarios that illustrate civil cases. Students are to work in pairs. Provide each pair with a jumbled package of civil law terms and definitions, including terms relating to breach, causation, loss and limitation of actions, burden of proof and standard of proof, plaintiff and defendant. Students are to match the terms and definitions.
Week 12 29th April - 3 May
Chapter 6 Introduce students to crimes against property through a class discussion of types of crimes and examples. The textbook has the crimes and sanctions. Students need to work through the text. This can be finished this week. Monday, Tuesday and Friday.
Students are to refer to chapter 6 of the textbook. Talk and discuss or have them read and take notes. Have them take their time going through the chapter and work through the sections answering all of the questions.
Week 11 - 23–26 April - Easter Monday 22 April ANZAC Day 25 April
Do this first.
Two criminal offences and for each offence continued: Students are to find two criminal offences and for each offence identify the following:
The elements of the offence
The role of statute law and common law in developing elements of the offence and the defences
Trends and statistics in relation to the offence in Victoria and in one other jurisdiction
Second criminal offence—Rape (crimes against person): Introduce students to crimes against property through a class discussion of types of crimes and examples. Students are to use a graphic organiser to categorise crimes against property. Provide students with a copy of Section 38 and 40 (pages 50 and 53) of the Crimes Act 1958. Students are to define rape and indecent assault and identify the elements of each offence. Use button below to find pages. Using the Sentencing Advisory Council website, students are to research current statistics on the number of offences heard in the Magistrates’, County and Supreme courts. Use button below to find statistics. Information about trends in crime in NSW can be found by using the button below BOCSAR.
Students are to create an annotated visual display on the various trends. WHAT ARE THE: possible impact of the offence on individuals and society. Brainstorm the possible impacts of a crime on individuals affected, the legal system and the community.
Discuss the cost of crime and the impact on victims—refer to the Victims of Crime Assistance Tribunal (VOCAT)
WATCH: Criminal films This series involves a situation with dangerous driving causing death.
TASK FOR FOLIO - ALL STUDENTS TO COMPLETE AND EMAIL TO MS GADSBY PART 1 MARCH 22 TO FRIDAY 29 Find two criminal offences Homicide (crimes against the person). For each case discuss the elements of Homicide relating to the two cases you have found. They must be from the last 12 months.
Distinguish between murder and manslaughter and use case studies of different types of situations that would be regarded as manslaughter. You task is to ensure that you are able to identify the different legal elements of the case studies using the definition of Homicide. PART 2 MONDAY 1 APRIL TO FRIDAY 5 APRIL Students are to prepare a summary chart ON THE TWO CRIMINAL CASES FROM THE PREVIOUS WEEK. AND Students are to complete an annotated visual display on homicide and related defences.
CLICK ON THE BUTTON: Examine the Victorian Government’s response to alcohol-fuelled violence by investigating ‘one-punch laws.
Types of crime such as crimes against the person and crimes against property
The distinction between summary offences and indictable offences
Possible participants in a crime such as principal offenders and accessories
Students are to use the ‘crime by location’ feature of the Victorian Crime Statistics Agency website: https://www.crimestatistics.vic.gov.au to identify the different types of crimes. They are to analyse the statistics for their suburb, postcode or local government area and create graphs illustrating major crimes and current trends. Students are to prepare an answer on the difference between summary and indictable offences using the following website: http://www.lawhandbook.org.au/03_06_02_classification_of_offences/ Hold a class discussion on the different participants in a crime. Students are to create their own criminal scenarios and ask their peers to identify the principal offender(s) and accessories of the crime(s).
4 March. – 8 Mar. Area of Study 2: ‘The presumption of innocence’
The purposes of criminal law
The presumption of innocence
Key concepts of criminal law, including:
the elements of a crime: actus reus and mens rea
the age of criminal responsibility
the burden and standard of proof
Students are to define the terms ‘crime’ and ‘presumption of innocence’ and discuss the need for criminal law. Hold a class discussion on the three basic features of crime: harmfulness, immorality and punishment. Students are to create a graphic organiser based on the key purposes of criminal law and sanctions: community protection, deterrence, retribution, prevention and rehabilitation. Hold a class discussion on the elements of a crime (actus reus and mens rea) and the principles of criminal liability. Using a number of case studies, ask students to identify the key concepts of criminal law.
An overview of, and reasons for, the Victorian Court hierarchy
Students are to prepare a chart of the Victorian court hierarchy and outline reasons for a court hierarchy. Students are to complete an annotated visual display or brochure about the Victorian court hierarchy. Details of the criminal and civil jurisdiction and appellate jurisdiction of each court are to be included. Outcome 1 assessment task: A folio of five exercises on: role of individuals and the legal system in achieving social cohesion and protecting rights; the principles of justice; characteristics of effective laws; sources and types of laws; the Victorian court hierarch
An overview of the relationship between parliament and the courts
Types of law such as criminal and civil law
The distinction and relationship between criminal and civil law
Hold a class discussion using the following prompt: ‘The main role of courts is to make laws’. Is this statement correct? Students are to justify their answer with a short paragraph that describes two ways that the courts and parliament interact in the law-making process. Provide students with a jumbled list of key criminal and civil law terms and definitions. Working in pairs, students are to match each term with the correct definition and then categorise each matched pair as either relating to criminal law or civil law. Students are to search the print or electronic media for two articles: one on a criminal case and one on a civil case. For each article, they are to highlight key terms in the article and complete a proforma that provides a summary of: the facts of the case, the parties involved, the legal issue involved, the type of legal action taken, and the relevant court.
Characteristics of an effective law, such as it: reflects society’s values; is enforceable; is known; is clear and understood; and is stable
Sources of law such as common law and statute law
Characteristics of an effective law—hold a class discussion of each characteristic, including examples. Online investigation of the Parliament of Victoria: http://www.parliament.vic.gov.au to find a law that has been passed this year, e.g. Bail Amendment (Stage Two) Act 2018: click on Victorian Statute Book > 2018 at http://www.legislation.vic.gov.au Students are to use the characteristics to evaluate if this law is or is likely to be effective. Use a PowerPoint presentation to introduce students to parliament and the courts, including an overview of the Commonwealth Parliament and the Victorian Parliament, an explanation of the difference between the government and the Opposition, and details about Victorian courts. Students examine the two main sources of law: laws made by parliament (statute law) and laws made by judges (common law). Students are to view an online animation of how parliament makes laws: http://www.parliament.vic.gov.au/about/how-a-law-is-made/how-a-law-made-animated. They are to take notes, then work in groups to produce a flow chart on the law-making process. Students are to examine the De Deing v. Tarola (1993) case https://www.victorianreports.com.au/judgment/view/1993-2-VR-163 and answer a set of structured questions that will allow them to synthesise and apply their knowledge of precedent and statutory interpretation.
Week 1 29 Jan. – 1 Feb. Unit 1: Guilt and Liability Area of Study 1: ‘Legal foundations’
The role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals
The principles of justice: fairness, equality and access
Social cohesion—students are to read a definition of the term in their textbook and prepare a class description of how social cohesion allows members of a society to live peacefully through cooperation. Students are to develop a mind map that illustrates the role of the individual, laws and the legal system in achieving social cohesion, and how they protect the rights of individuals. Introduce students to the three principles of justice. Provide students with an A4 image of ‘Lady Justice’. Students are to annotate her symbols (blindfold, scales and a sword) and link these to the three principles.