Role Play Magistrate Court Hearings Teacher information

Transcription

1 Rle Play Magistrate Curt Hearings Teacher infrmatin These ntes are prvided s that teachers can guide students thrugh preparatry activities befre presenting a rle play at the Law Curts Cnnecting t the curriculum These activities have been designed fr learners frm years 5-12 and can be adapted t a variety f learning areas and the Australian Curriculum, such as Histry, Civics and Citizenship and English. The student activities als make links t Literacy and Ethical behaviur within the General capabilities. As students are preparing t present in an authentic cntext, in the Suth Australian Law Curts, these activities supprt: the challenge t think abut different wrld views, pinin and perspectives questining, reflectin and discussin f understandings and ideas, including values, and cllabratin Persuasive argument and decisin-making in the cntext f the Australian Curriculum Much f the practical applicatin f trial law revlves arund the ability fr each f the ppsing sides in a legal dispute, t present ethical, pwerful and persuasive ral arguments befre an independent umpire. Each f the players in a curt rm demnstrates a range f general capabilities: Principles f ethical understanding t arrive at a decisin. Critical and creative thinking Persnal and scial capability Literacy A literacy fcus thrugh this activity culd see students learning abut hw persuasive written r ral argument wrks t influence an audience The language used fr persuasive argument is gverned by: The purpse f the argument The audience The authrs rle Hw the authr wants the audience t feel Fr mre infrmatin abut persuasive writing see

2 2 Class preparatin is recmmended befre the magistrate curt rle play activity. Step 1: Think abut the desired learning utcmes. Rle play scripts are prvided as bth beginner and advanced scripts. While each ffers the pprtunity t assess student perfrmance, the beginner scripts are fully scripted. Students read the material alud taking nte f curt prtcls. Students can be challenged t use the scripted materials as the basis fr their wn presentatin, as lng as they d nt stray frm the facts as described. The advanced scripts cntain nly the material used by Plice Prsecutrs. Relying upn this infrmatin, it is up t thse playing the rle f defence lawyers, t develp their wn persuasive argument. Here, there is greater scpe fr assessment f the learning and while ne student may present in the curt n the assigned day, thers culd have cllabrated t infrm the final presentatin. Teachers may refer students t the resurce What s the Stry where they can view visual material shwing hw lawyers frm bth sides make use f persuasive argument t present infrmatin t the curt at a sentencing hearing. Students may like t cnsider the fllwing: Hw imprtant is it t present all relevant infrmatin t the curt? Shuld persnal circumstances mean that individuals may be treated differently fr the same ffence? Are the available ptins t a Magistrate sufficient t dispense justice? What is justice and hw can it be measured? Hw cnvincing were students when they presented t the curt? What changes need t be made t imprve the curt prcess? Step 2: Use the diagram that fllws t explain the rles f the varius players in curt and then allcate the fllwing rles: (If pssible, visit the curts prir t the activity t watch cases in the general Magistrates Curts (criminal jurisdictin). Defendant (ne fr each case) enters a plea f guilty Plice Prsecutr - summarises prsecutin's case (allegatins) Defence Lawyer prvides infrmatin aimed at minimising any penalty Magistrate s Clerk Calls n the case and reads the charge(s) Sheriff s Officer (ptinal) a nn-speaking rle that may invlve having t direct a defendant t the dck, pass material frward t the magistrate and escrt a defendant t the cells if imprisned. Magistrate (ptinal) if perfrmed at schl the teacher and/r students can act as the Magistrate. (refer t the Sentencing Template and the relevant law fr each example)

3 3 THE MAGISTRATES COURT The players in a Magistrates Curt The magistrate A magistrate hears evidence and decides whether a persn is guilty r inncent f an ffence as charged. Magistrates are lawyers wh have wrked in the prfessin fr at least five years. Their rle is t ensure justice is administered fairly and impartially. A magistrate impses penalty n thse wh are either fund guilty f r plead guilty t ffences. Defence cunsel The defence cunsel s jb is t defend the accused by challenging the prsecutin, crss-examining witnesses fr the prsecutin, prviding witnesses fr the defence and giving t the curt any infrmatin that establishes dubt abut the truth f the prsecutin s allegatin. Where the defendant admits guilt then the task f defence cunsel is t bring t the attentin f the curt any factrs in the defendant's favur that might lead it t impse a sentence that is mre favurable t the defendant. Defence cunsel are fficers f the curt and have a duty t assist the curt with the law and the case. Defendant The defendant (als knwn as the accused in a criminal matter) is the persn wh has allegedly cmmitted a crime. The defendant may be self-represented but mst peple hire a lawyer t speak n their behalf. Thse wh are eligible can apply fr legal aid. Magistrate's clerk The magistrate's clerk is respnsible fr ensuring that a prper recrd f the prceedings f the curt is maintained. He/she recrds the evidence that is given in trials, recrds the magistrate's sentencing remarks and his/her determinatin f the case. In this learning activity, the clerk will read the charge(s) t the accused.

4 4 Prsecutr The state prsecutes a persn fr a crime. The prsecutr can be: an individual representing the state, such as a plice prsecutr; a public prsecutr wh wrks fr the ffice f the Directr f Public Prsecutins; a representative f a state r gvernment department (fr example, a park ranger r fisheries fficer); a lcal cuncil representative (fr example, a cuncil health inspectr, a cuncil planning inspectr); r a private individual. The prsecutr is nt necessarily a lawyer. It is the prsecutr s jb t put infrmatin befre the curt that prves beynd reasnable dubt that the defendant cmmitted the crime as charged. They may als describe the effect that the ffence has had n ther peple, either by way f prperty lss r injuries sustained. Sheriff s Officer There is nly ne Sheriff in Suth Australia but that persn has mre than 100 fficers wrking fr them. The Sheriff Officer s primary task is t keep rder in the curt and t assist in the running f curt. He/she advises the magistrate's clerk as t which defendants, slicitrs, etc. are present in curt and ready t prceed with their case. In additin, the Sheriff s fficer ensures that defendants d nt leave curt withut signing any bnds, bails r rders f the curt that they have been rdered t enter int. In sme ways the Sheriff s fficer is als a security guard, and may arrest peple wh misbehave in Curt, just like a plice fficer. Witness Either party t a dispute may call witnesses t present infrmatin abut what they may have seen r heard. The witness may als be used t crrbrate ther infrmatin. In the summary matters in the Magistrates Curt yu will ften see a Sheriff s Officer called t the witness bx t name thse defendants wh have failed t appear in curt when called. There are different types f witnesses, including vulnerable witnesses (under 16 years f age) and expert witnesses, fr example, frensic. Abriginal Justice Officer (AJO) AJOs are lcated at varius Magistrates Curts thrughut the state t prvide culturally apprpriate assistance t members f the Abriginal and wider cmmunity in cntact with the Curts. The AJOs assist primarily with Abriginal sentencing curts and cnferences. They als arrange the presence f Elders and respected persns wh sit with Magistrates in Abriginal sentencing curts and cnferences and manage a range f inquiries frm curt users, including queries abut fines and curt prcedures. Step 3: Allcate cases t each grup f students.

5 5 Additinal infrmatin What happens befre a case cmes t curt? After a crime has been cmmitted plice cnduct an investigatin. They speak with any witnesses and the defendant t create a recrd f interview. Learners culd create their wn recrd f interview as an assessment task. (The Prsecutin Allegatins are a summary f the Recrd f Interview and can be used as a guide). Fllwing the Recrd f Interview, a summns charging the defendant is issued r an arrest is made. The Defendant is entitled t have a lawyer present during the Plice interview and in curt. Where a defendant chses t plead guilty (admit t the ffence), their lawyer will want t knw if there are any factrs that might help explain their behaviur and the circumstances surrunding the ffending. These are nted by a magistrate when cnsidering a penalty. The particulars f the ffence are prvided n a dcument called a cmplaint r infrmatin. Mre detail abut the charges may be btained frm the plice prsecutr in curt. What happens in the magistrate s curt? The clerk intrduces the magistrate annuncing, Silence. All Stand. The magistrate enters the curt and sits dwn at which time thse present in the curt can sit. (This will be dne fr each schl grup) The magistrate r magistrate s clerk calls upn each case. The defendant is directed t stand in the dck and the prsecutr then the defence lawyer stand and intrduce themselves e.g. May it please the curt yur Hnur. My name is SURNAME, fr the PROSECUTION/DEFENCE. The magistrate r clerk reads ut the charges and asks the defendant whether they plead guilty r nt guilty. If the respnse is guilty the prsecutr is asked t prvide details abut the plice allegatins. A lawyer acting fr the defendant explains the circumstances related t the ffending. The accused is asked t stand while the magistrate gives a penalty with r withut reasns. The prcess during the rle plays Participants sit in the curtrm ready t be called. At the cmmencement f hearings fr each class the magistrate's clerk asks everyne t stand as the magistrate enters and takes his/her seat at the bench.

6 6 The magistrate's clerk calls the name f the first defendant. The plice prsecutr and the defence lawyer take their place at the bar table. The defendant is directed t the "dck" and stands. The clerk reads the charge fr that case. The clerk then asks hw the defendant pleads, guilty r nt guilty. (NB: In this exercise the defendant will plead guilty.). An example f what the clerk says is as fllws: "Jhn Smith, yu are charged that n the 1Oth day f January 2012 at Black Frest yu stle 10 chclate bars t the value f $19.97 the prperty f Bi-L, Edwardstwn Pty Ltd. Sectin xxx f the xxx Act. D yu plead guilty r nt guilty?" The plice prsecutr stands and intrduces themselves as fllws: "if it pleases the curt yur hnur, my name is and I appear fr the prsecutin." The defence lawyer then stands and says: "If it pleases the curt yur hnur, my name is and I appear fr the defendant and explains any mitigating circumstances t the magistrate. The plice prsecutr summarises the allegatins t the magistrate (see printed materials). The defence lawyer prvides mitigating circumstances. They can suggest a penalty but usually d s by saying, With respect, yur hnur. Fr advanced cases where n material is prvided, the plea culd include reference t : Scial Backgrund (family life, educatin backgrund, etc). Character and emplyment histry (perids f emplyment, unemplyment, cmmunity activities, drug alchl prblems etc). The ffence (triviality f the ffence, ffence ut f character, under the influence). Prir cnvictins (If nne stress first ffence, but if previus ffences attempt t explain, e.g. cmmitted a lng time ag, under the influence, etc). Fr the purpses f this exercise students are free t elabrate upn mitigating circumstances in keeping with the scenari. eg. the defendant has recently been retrenched, the defendant was very depressed r upset, r excessive cnsumptin f alchl was ut character fr this defendant It is als helpful if yu prvide fr the magistrate details f the defendant s financial situatin re incme and utgings as well as wrk histry. The magistrate may ask questins f the defendant, defence lawyer r the plice prsecutr t clarify sme f the issues. Examples f questins are: T defence When did/d they start their curse f study/jb? Hw much f their incme is cmmitted? T prsecutr D yu ppse nt recrding a cnvictin? (Why?)

7 7 Describe the rad and traffic cnditins. (Relevant where trying t establish driving in a manner dangerus despite speed nt being 40+ kph ver the limit) The Magistrate then gives the penalty. Generally they will refer t the fllwing: State the name f the defendant, their age and the charges against them. Highlight the relevant facts. Highlight previus cnvictins if any. Refer t any reprts tabled and the relevant facts frm thse. Refer t what each side has said, fr example health, emplyment. Highlight aggravating features, fr example prir recrd. Highlight mitigating features, fr example remrse, cmpensatin made t the victim, time spent in custdy, cperated with plice. Highlight the relevant law. If time permits the magistrate will prvide general feedback t students abut their presentatins.