what is justice? session 1adelaidelawcourts.weebly.com/uploads/1/9/3/3/19337531/is_justice_… ·...

SESSION 1

What is Justice?

Cuconits, White, Siladji, 2014

Key Terms

Case

Justice

Law

Courts

Democracy

Civics and Citizenship


What is justice? Is justice for all?


http://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&docid=rYdaE25Etiku-M&tbnid=gLKSFAOYESYBGM:&ved=0CAUQjRw&url=http://www.democracymatters.org/organizing-tools/picturescartoonsclip-art/&ei=cdCPU4KrGZHPkgW55IC4BA&bvm=bv.68445247,d.dGI&psig=AFQjCNGOJaUa39RSOW8zoTWNg4ZN-hqypA&ust=1402020326909397

Cosmo’s Case

Recount in 10 steps how Cosmo solved

the case

Cosmos Casebook


http://splash.abc.net.au/media/-/m/687872/qed-cosmos-casebook

What do you know about the

courts?

As a class let’s brainstorm!

What do you

already know? What would you

like to find out?

How are you going

to find out?


List 10 things that could happen in a

court Work in pairs to list 10 things you might

see in a court.


Kids in Court

Kids in Court – YouTube

After viewing the clip what other things

might you see in court? Add these to your

list.


http://www.youtube.com/watch?v=EswF5p41Sfs






Reflect

What feelings/wonderings do you have

after today’s session?

Share/add to your chart ‘What do you

know about the courts?’


SESSION 2

What is Justice? Introduction to Law Courts


Key Terms

Architecture

Martin Luther King

Justice

Freedom

Racism

Court

Equal

Magistrates Court

Youth Court

Supreme Court


Famous speech

Listen to the famous speech.

Who is speaking?

What is it about?

What does this speech have to do with

JUSTICE?


Complete the following

statements:

A court is like a.......................................

Courts are fair when................................


http://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&docid=XOpN8_n0RrCvXM&tbnid=TfKz0R1r9REXWM:&ved=0CAUQjRw&url=http://www.guamcourts.org/superior.html&ei=JNWPU6mHLsvkkgWKpIGQBg&bvm=bv.68445247,d.dGI&psig=AFQjCNFxgwZzFXNpiZPRaOrsZ3t_X-VzpQ&ust=1402021534544500

Take a Virtual Tour…

http://www.courts.sa.gov.au/Community/Vir

tualTour/Pages/default.aspx


http://www.courts.sa.gov.au/Community/VirtualTour/Pages/default.aspx





Levels of courts What is about these buildings that make them

different to other buildings around the city?

Why do courts have different names?

Session 2


Reflect

Is JUSTICE equal for all?


Homework Use your notes or the internet to find 10 interesting

facts about courts.

www.courts.sa.gov.au


http://www.courts.sa.gov.au/

SESSION 3

Magistrates Court


Key Terms

Jurisdiction

Minor claims

General claims

Consumer

Presides

Magistrate

Litigation

Judicial officer

Disputes

Statute

Act

Police Commissioner


Magistrates court What could you expect to hear, feel and see in a

magistrates court?

Visit the website: Magistrates Court to help answer

these questions…

What do people wear?

What does the court room look like?

What crimes are resided over?


http://www.courts.sa.gov.au/OurCourts/MagistratesCourt/Pages/default.aspx

SESSION 4

Youth Court


Key Terms Hearing

Trial

Young offenders

Indictable trial

Alleged

Proceedings

Children’s Protection Act 1993

Diversionary mechanisms

Juvenile

Sentence

Suspended sentence

Court

Family conference

Prosecution

Rehabilitation


INSIDE OUR YOUTH COURT…

http://adelaidelawcourts.weebly.com/lesson-ideas-middle-years.html










Youth Court

Who would you

expect to see in a

youth court?

Should youth crime

be treated differently

to adult crime?

Create an opinion

piece for the paper

about the following

case. Create

questions from

different perspectives

eg rich, poor, old,

young

Session 4 Cuconits, White, Siladji, 2014

Youth Court: Fact Sheet

Talking points about the South Australian Youth Court

A world-leading jurisdiction

South Australia first established the idea of having a discrete location for the handling of matters involving those under the age of 18 years in 1895. The next known such occurrence was the establishment of a Juvenile Court in Chicago in 1899, so it would appear that South Australia achieved a world-first in this regard.

The relevant legislation of the era, the State Children’s Act 1895, made provision for such considerations as:

A separate room or place for the hearing of matters involving children

Closed court sessions

Wide police powers of apprehension where neglect was suspected

Wide judicial discretion to impose institutionalisation or whipping as punishment

Sentencing

The Youth Court has the same sentencing powers as a Magistrate in relation to summary offences and as a District Court Judge in relation to indictable offences (except where specific limitations are imposed by the Young Offenders Act).

The outcomes of a Youth Court case can include:

Fines

License disqualification

Community service of up to 300 hours

Payment of compensation to the victim

Good behaviour bonds - Obligations

Home detention for up to 6 months

Detention for up to 2 years (optionally followed by home detention for up to a further 6 months)


A magistrate has warned an assault case she is hearing must not be

mentioned on social networking sites.

A teenager charged with assaulting another student in an incident which was

videoed and posted on the internet has been banned from going within 100

metres of the school.

The boy, 16, made a first appearance in the Youth Court at Elizabeth in

Adelaide, where his bail was varied.

The court was told the victim's sister attended the school involved and the

accused was often seen at the school gates picking up his girlfriend.

A second teenager who allegedly assaulted the same boy three days earlier

also appeared.

Magistrate Patricia Rowe warned both boys and the victim, who was present

with his mother, not to publish any details of the cases on any social

networking sites

Court demands assault case be kept off social networks


SESSION 5

Supreme Court


Key Terms

Sir Samuel Way Building

Chief Justice

Judicial Officer

Appeals

Director of Public Prosecutions (DPP)

Trial

Bail

Criminal Law Consolidation Act

Jury

Committal process

Legislation

Full court


South Australian Supreme Court…

Visit the Supreme Court website to help

you answer the following questions: What do people wear?

How is the courtroom organised?

What criminal offences are heard here?

http://www.courts.sa.gov.au/OurCourts/Sup

remeCourt/Pages/default.aspx


http://www.courts.sa.gov.au/OurCourts/SupremeCourt/Pages/default.aspx





Supreme court History of wigs and robes

Significance of purple

Barristers/solicitors

Session 5 Cuconits, White, Siladji, 2014

SESSION 6

Sentencing Opinion Hierarchy


Key Terms

High Court of Australia

State Courts

Supreme Court

District Court

Magistrates Court

Commonwealth Courts

Federal Court

Family Court

Federal Magistrates Court

Judge

Jury

Perspectives

Justice

Sentencing


Similarities and Differences

SUPREME

MAGISTRATES YOUTH


Hierarchy of the Courts

1. Where and when are juries used in this

hierarchy?

2. How are judges given their jobs?

3. How many different types of courts are

found in South Australia?

4. Locate them on a map

5. Explain why they might be situated in

these particular areas?

Session 6


THE SENTENCING PROCESS

Session 7


What is a Sentence?

A sentence is the penalty for committing a crime.

In South Australia, sentencing is the task of a sentencing judge or magistrate in a

◦ Magistrates Court

◦ Youth Court

◦ Supreme Court

◦ District Court

◦ Environment, Resources and Development Court.


How do courts decide on a

sentence? Courts cannot simply impose what they

think is a fair sentence or do what the

public may want.

They must follow precedents, and laws set

by State Parliament such as the

Sentencing Act.

They may also consult reports and victim

impact statements.


Glossary of Terms

Precedent ◦ Precedents are decisions made in past trials for similar

crimes. They create sentencing principles which courts must follow.

Laws ◦ Particular laws may need to be followed depending on the

nature of the case. For example the Environment Protection Act may apply in a case involving environmental crime.

◦ Often the court will refer to the Commonwealth Crimes Act or the Criminal Law Consolidation Act. Maximum penalties are fixed by various Acts for particular crimes. For example, there are certain penalties attached to offences committed under the Fisheries Act.


Reports

◦ The court may ask for pre-sentence reports from the Department for Correctional Services, a psychologist or psychiatrist, or a specialist in a particular field. Those preparing the report will usually interview the offender, the offender’s family, the victim, employers and others who might be relevant to provide the court with the information it requires. Prosecutors and defence lawyers may also seek pre-sentence reports to present to the court before the court decides on the sentence.

Victim Impact Statement

◦ Victims of an offence may present a written statement about the effects of the crime on them. The victim or his/her nominee may read the statement out in court.

Sentencing Act

◦ The Court must give equal weight to each part of the Criminal Law (Sentencing) Act.

◦ Only then can the sentence be delivered, with imprisonment as a last resort.


What sentences are possible?

Judges and magistrates are trained to be

independent. They listen to the prosecution and

to the defence and choose from a range of

sentences.


Imprisonment

Under the Sentencing Act imprisonment is not an option unless the offender has shown violent behaviour towards people, is likely to commit another serious offence, has previously been convicted of an offence punishable by imprisonment, or the offence is so serious that no other punishment would fit the crime.

Parole is the release of a prisoner on certain conditions for the remainder of his/her sentence. If the offender is sentenced to imprisonment, the court will set a non-parole period. A non-parole period is the amount of time the offender must serve before being considered for release on parole. At the end of the non-parole period the Parole Board decides whether an offender will be released on parole. The Board considers the prisoner’s behaviour and prospects of rehabilitation.

Sometimes, as in the case of a very violent crime, a non-parole period is not set and the person must remain in gaol for the entire prison sentence.


Suspended sentence and bond

If the sentence is imprisonment, the court will decide if there is a good reason to suspend the sentence. This might be the case for young first time offenders with reasonable prospects of rehabilitation.

Offenders then sign a bond under which they promise to be of good behaviour for a set period of time and to comply with the conditions set out in the bond or promise. They are released, usually under the supervision of a probation officer. If they keep their promise during this time they do not have to go to prison. If a person breaks the promise he or she is guilty of the offence of breaching the bond. He or she usually has to return to prison, serve out the rest of the original sentence and do extra time for breaching the bond.


Fine

A fine is a sum of money that a court

orders an offender to pay.

Compensation/Confiscation

Compensation is a payment designed to make amends for personal injury, death, or damage to or loss of property. Confiscation is the seizure of goods from an offender eg private property, drugs.


What if the courts get it wrong?

If the court makes an error of law or if

the sentence is considered to be too high

or too low, an appeal can be made against

the decision to another court.


What about youths?

Young offenders found guilty of murder

are sentenced as adults hence they

receive a penalty of life imprisonment.

(Section 29(4) Young Offenders Act (SA)

1993)


A Case Example…

In a recent case a 14 year old youth pleaded guilty to the murder of another 14 year old. The trial judge considered a range of factors (and “special reasons”) before delivering a sentence. Factors considered included:

◦ A plea of guilty (admitting to the offence)

◦ Acceptance of what was alleged by police

◦ Cooperation with the investigation by police

◦ The circumstances of the offending

◦ Victim impact statements from family of the deceased


Special reasons included:

◦ Difficulties faced by the offender throughout

their life including exposure to violence

◦ Difficulties in accessing appropriate education

◦ Relevant cultural matters

◦ The attitude of the prosecution


Further factors considered when considering the non-parole period included: ◦ What was said by the offender’s lawyer

◦ Age and cognitive abilities at the time of the offending

◦ Difficult upbringing

◦ Progress while in detention

◦ Acceptance of responsibility for actions

◦ Remorse and asking for forgiveness

◦ Personal reflection in a letter presented to the court

◦ Likelihood of rehabilitation

◦ Ongoing assessment and support

◦ Deterrence aspect of any sentence

◦ That any sentence offers hope and encouragement for life in the future

◦ Impact of loss of personal freedom at age when moving from adolescence to adulthood


The Decision?

The decision of the trial judge was

imprisonment for life with a non-parole

period of six years. Having been satisfied

that special reasons existed, the judge

reduced the non-parole period from the

20 years specified by the law.


Question Time

1. Which court would have heard the heard the murder trial? Why? Why was there no trial in the case example provided?

2. In which other courts could the youth charged with murder appear before his sentence?

3. Is an accused always entitled to legal representation?

4. How might they arrange to have legal representation in a court?

5. Is it an advantage to have legal representation for a case the case example provided? Why or why not?

6. What factors did the judge take into account when sentencing the youth?

7. Give your opinion about the decision of the court in the original trial and the appeal.

8. In what ways is a judge accountable for his/her decision?


Discussion Time…

Discuss the following statements in light of this case:

Everyone is treated equally before the law

This case highlights strengths of the legal system.

This case highlights shortcomings of the legal system

Weighing the competing interests of the community and the young offender, justice has been achieved.


Murder is generally regarded as the most

serious crime a person can commit. The

consequence for persons found guilty of

murder in South Australia is life imprisonment.

This is a reflection of the value the community

places on a person’s life.


Sentencing

Look at the sentencing remarks provided

and review the sorts of legal considerations

that may have come into play with this

particular case


LITERACY

Opinion Pieces


Opinion Writing

Writing is Fun

Lost in Space

http://adelaidelawcourts.weebly.com/lesso

n-ideas-middle-years.html

Write your own opinion about a topical

issue to do with 'JUSTICE'.


//server/staff icons/Writing is fun.lnk










SESSION 8

Learning Exploration Law Courts of South Australia with Peter Cavouras Migration Museum with Rosa Garcia


Find where SA courts are located

In preparation for our excursion…

◦ Where do you think courts would be located?

◦ Can you provide reasons?

◦ Map our journey to the Supreme court in

Adelaide


NUMERACY

Mapping our route…


Key Terms

Youth Crime

Court room

Sentencing

Magistrates Court

Migration

Immigration

20th Century

21st Century

Mapping

Adelaide Metro

Route


Excursion to Law courts and

Migration Museum

9:45 – 11:45am Law courts

12:30 – 2:30pm Migration Museum


All courts have.....

Annotate the blank diagram of a courtroom


HOMEWORK

Bring in family history artefacts


Use a PMI chart to explore the

following question

Session 7


SESSION 9

Who killed Eddie Echidna?


Key Terms

Investigate

Murder

Accountability

Accused

Adjourn

Appointment

Beyond reasonable doubt

Bond

Compensation

Conviction

• Democracy

• Dossier

• Election

• Evidence

• Independence

• Larceny

• Recompense

• Suspended

sentence

• Tenure

• Witness


Who killed

Eddie Echidna?


eddie echidna/Investigate the scene.pptx

eddie echidna/Investigate the scene.pptx

SESSION 10

Mock Trial Preparation


Key Terms

Prosecution

Defence

Witness

Sentencing

Trial

Jury

Judge

Trial

Guilty



Mock Trial "State v. Golden Locks" Mock Trial - YouTube

Students work in teams to research their role within in a court of law utilising the judicial process found in Australian law courts. Students will perform a mock trial representing a particular perspective from Roald Dahl’s spin on three different traditional Fairy Tales.

The trial will involve every student in the class and will be presented to parents and the community on our Trial Day.


http://www.youtube.com/watch?v=qw7Z4dLkPko




Mock Trial Rubric

View the Rubric and plan how you will

undertake your investigation into the case


Mock trial rubric.docx

The Three Little Pigs


three pigs_201407011015.pdf

Jack and the Beanstalk


jack and beanstalk_201407011016.pdf

Little Red Riding Hood


little red_201407011013.pdf

MOCK TRIAL DAY


Key Terms

Prosecution

Defence

Witness

Sentencing

Trial

Jury

Judge

Trial

Guilty



Acknowledgements

Peter Cavouras is the Education Manager at the South Australian Law Courts. His expert knowledge and resources developed over many years form the basis of this Learning Program.

Outreach Education provided a Teacher Leadership opportunity through conducting their first PLC Forum in 2014. Working with the highly skilled Outreach professionals provided the background knowledge required for developing this program in collaboration with specialist teacher Peter Cavouras.


Key Terms

Hierarchy

High court

Supreme court

District court

Magistrate

criminal

indictment

reside

jury

claim

discipline

witness

jurisdiction

judge

offence

appeal

sentence

youth

trial

penalty

civil


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