Outcome 1 (Area of Study 1)
On completion of this unit the student should be able to explain the rights of the accused and of victims in the criminal justice system, discuss the means used to determine criminal cases and evaluate the ability of the criminal justice system to achieve the principles of justice.
Key concepts
· the principles of justice: fairness, equality and access
· key concepts in the Victorian criminal justice system, including:
o the distinction between summary offences and indictable offences
o the burden of proof
o the standard of proof
o the presumption of innocence
o the rights of an accused, including the right to be tried without unreasonable delay, the right to a fair hearing, and the right to trial by jury
o the rights of victims, including the right to give evidence as a vulnerable witness, the right to be informed about the proceedings, and the right to be informed of the likely release date of the accused
· Determining a criminal case
o the role of institutions available to assist an accused, including Victoria Legal Aid and Victorian community legal centres
o the purposes of committal proceedings
o the purposes and appropriateness of plea negotiations and sentence indications in determining criminal cases
o the reasons for a Victorian court hierarchy in determining criminal cases, including specialisation and appeals
o the responsibilities of key personnel in a criminal trial, including the judge, jury, parties and legal practitioners
o the purposes of sanctions: rehabilitation, punishment, deterrence, denunciation and protection
o fines, community corrections orders and imprisonment, and their specific purposes
o factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements
Reforms
· factors that affect the ability of the criminal justice system to achieve the principles of justice including in relation to costs, time and cultural differences
· recent reforms and recommended reforms to enhance the ability of the criminal justice system to achieve the principles of justice.
• define and use legal terminology
• discuss, interpret and analyse legal principles and information
• explain the rights of an accused and of victims in the criminal justice system
• explain the purposes of committal proceedings and the roles of institutions available to assist an accused
• explain the reasons for the Victorian court hierarchy in determining criminal cases
• discuss and justify the appropriateness of the means used to determine a criminal case
• discuss the responsibilities of key personnel in a criminal trial
• discuss the ability of sanctions to achieve their purposes
• discuss recent reforms and recommended reforms to the criminal justice system
• evaluate the ability of the criminal justice system to achieve the principles of justice
• synthesise and apply legal principles and information to actual and/or hypothetical scenarios.
What sort of Learning Community will we be?
Study Design Extract
Key Point Summary Example
Draft Work Program
Practicing HOT skills
Key Action Words
Task Word Glossary
Legal Terminology
Legal Studies Guy 3.1.1
As you watch the episode think about the students and their families - reflect: how can an effective education help achieve the Principles Of Justice?
Is spending money on schools like Macleay Vocational College a better use of tax dollars than spending it on prisons?
Think about the characteristics of an effective law - how do we have an unnecessary emphasis on sanctions?
Is our education system fair for all? (What does fairness mean in an educational context?)
Does everyone really have access to Justice? (What would happen to these students if they didn't have "a Mark"?
Do all students in Australia get an equal education?
Mark (Principal) loves his job, sees his school as a safety net, organised for a child care centre at the school, listens to his students, is there to educate for life, understands the role of sport, values cultural background of Indigenous students, sees his students as lifelong learners and knows how important it is to learn how to communicate.
Issues Raised (points to ponder):
Anger
Bullying (Victims and Perpetrators)
Complicated Family Life (including Domestic Violence)
Poverty (Socio-economic issues)
High Unemployment
Indigenous
"Prison" families and those "on the run".
Addictions
Generational issues e.g. literacy, poverty, addictions, abuse etc.