What is Justice? SESSION 1

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1 What is Justice? SESSION 1

2 Key Terms Case Justice Law Courts Democracy Civics and Citizenship

3 What is justice? Is justice for all?

4 Cosmo s Case Recount in 10 steps how Cosmo solved the case Cosmos Casebook

5 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?

6 List 10 things that could happen in a court Work in pairs to list 10 things you might see in a court.

7 Kids in Court Kids in Court YouTube After viewing the clip what other things might you see in court? Add these to your list.

8 Reflect What feelings/wonderings do you have after today s session? Share/add to your chart What do you know about the courts?

9 What is Justice? Introduction to Law Courts SESSION 2

10 Key Terms Architecture Martin Luther King Justice Freedom Racism Court Equal Magistrates Court Youth Court Supreme Court

11 Famous speech Listen to the famous speech. Who is speaking? What is it about? What does this speech have to do with JUSTICE?

12 Complete the following statements: A court is like a... Courts are fair when...

13 Take a Virtual Tour tualtour/pages/default.aspx

14 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

15 Reflect Is JUSTICE equal for all?

16 Homework Use your notes or the internet to find 10 interesting facts about courts.

17 Magistrates Court SESSION 3

18 Key Terms Jurisdiction Minor claims General claims Consumer Presides Magistrate Litigation Judicial officer Disputes Statute Act Police Commissioner

19 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?

20 Youth Court SESSION 4

21 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

22 INSIDE OUR YOUTH COURT

23 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

24 Youth Court: Fact Sheet Talking points about the South Australian Youth Court Sentencing 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 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 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)

25 Court demands assault case be kept off social networks 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

26 Supreme Court SESSION 5

27 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

28 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? remecourt/pages/default.aspx

29 Supreme court History of wigs and robes Significance of purple Barristers/solicitors Session 5

30 Sentencing Opinion Hierarchy SESSION 6

31 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

32 Similarities and Differences SUPREME YOUTH MAGISTRATES

33 Similarities and Differences SUPREME YOUTH MAGISTRATES

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35 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

36 Session 7 THE SENTENCING PROCESS

37 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.

38 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.

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40 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.

41 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.

42 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.

43 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.

44 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.

45 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.

46 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.

47 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)

48 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

49 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

50 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

51 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.

52 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?

53 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.

54 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.

55 Sentencing Look at the sentencing remarks provided and review the sorts of legal considerations that may have come into play with this particular case

56 Opinion Pieces LITERACY

57 Opinion Writing Writing is Fun Lost in Space n-ideas-middle-years.html Write your own opinion about a topical issue to do with 'JUSTICE'.

58 Learning Exploration Law Courts of South Australia with Peter Cavouras Migration Museum with Rosa Garcia SESSION 8

59 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

60 Mapping our route NUMERACY

61 Key Terms Youth Crime Court room Sentencing Magistrates Court Migration Immigration 20th Century 21st Century Mapping Adelaide Metro Route

62 Excursion to Law courts and Migration Museum 9:45 11:45am Law courts 12:30 2:30pm Migration Museum

63 All courts have... Annotate the blank diagram of a courtroom

64 HOMEWORK Bring in family history artefacts

65 Use a PMI chart to explore the following question Session 7

66 Who killed Eddie Echidna? SESSION 9

67 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

68 Who killed Eddie Echidna?

69 Mock Trial Preparation SESSION 10

70 Key Terms Prosecution Defence Witness Sentencing Trial Jury Judge Trial Guilty Beyond reasonable doubt

71 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.

72 Mock Trial Rubric View the Rubric and plan how you will undertake your investigation into the case

73 The Three Little Pigs

74 Jack and the Beanstalk

75 Little Red Riding Hood

76 MOCK TRIAL DAY

77 Key Terms Prosecution Defence Witness Sentencing Trial Jury Judge Trial Guilty Beyond reasonable doubt

78 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 Working with the highly skilled Outreach professionals provided the background knowledge required for developing this program in collaboration with specialist teacher Peter Cavouras.

79 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