Unit 2 – Area of Study 1: Sanctions
Outcome 1
Explain key concepts in the determination of a criminal case, and discuss the principles of justice in relation to the determination of criminal cases, sanctions and sentencing approaches.
Examples of learning activities
- Using A3 paper, place an image of Lady Justice on the left side of the sheet. Draw up a table with column headings of fairness, equality and access. In each column list the stages or features of the trial that aims to provide that aspect of justice. Students brainstorm the various ways the legal system provides each aspect of justice.
Refer to
Appendix 10 - Principles of justice (docx - 69.24kb) - Access the Victoria Police website. Navigate to ‘About Victoria Police’, create a series of cue cards on the role, mission and values of the police force in Victoria. For each of these areas illustrate how the police force carries out its role. Locate an organisational chart depicting the hierarchy and different divisions within Victoria Police.
- Complete a research project on alternative sentencing approaches.
- Research police powers in Victoria. Link each of these to the corresponding civil right.
Refer to
Appendix 11 - Institutional powers vs Individual rights (docx - 69.06kb), for a template. - Write an essay on the following topic:
‘The powers of the Victorian police are far too extensive and impinge on the civil rights of Victorians’. To what extent do you agree with this statement? Justify your view. - Watch the film ‘Twelve Angry Men ’ in class. Whilst viewing identify and describe the role of the jury in a criminal trial. Use the following questions as a guide:
- What crime is the accused charged with?
- What is the punishment if found guilty?
- The judge addresses the jury before they retire to consider their verdict. Based on his summing up, describe the jury’s responsibility in this case.
- List the occupation of each juror in this trial. Describe the role of a jury in a criminal case.
- Explain what is meant by the term ‘reasonable doubt’.
- The film was set in the United States in the 1950s. How might things be different if it had been made about a case in Victoria today?
- Using A3 or A2 paper design a graphic depiction of the criminal jurisdictions of the Victorian courts. Use post-it-notes, tag the criminal and appellate jurisdiction of each court. This activity will be more effective if post-it-notes are aligned to different colours such as criminal jurisdiction in red and appellate jurisdiction yellow.
- Visit ‘Virtual You be the Judge’, view the case studies. Evaluate how your judgments and sentences compare with that of the actual judges?
- Research, then explain the different types of criminal sanctions that may be applied by Victorian courts. For each sanction:
- Compare the history of the death penalty in Australia with the history of the death penalty in the USA. Visit the USA’s ‘Death Penalty Information Centre’, download the ‘Fact Sheet’ on the death penalty. Students are to summarise the main points from this fact sheet and give their opinion as to whether the re-introduction of the death penalty would reduce the homicide rate in Victoria.
Detailed example
The
Victorian legal system employs a number of alternative sentencing
approaches, for example, the Drug Court, the Koori Courts and diversion programs. Sometimes this is known as non-adversarial dispute resolution, therapeutic or restorative justice.
Complete a research project on one or more of these alternative sentencing approaches.
Prepare a brief ICT presentation addressing the following:
- an outline of the alternative sentencing approach, how it works and when it is utilised
- the processes used with the alternative approach and how these compare to that of traditional courts
- the extent to which the principles of justice are achieved through this alternative approach to sentencing.