Students learn about: Students learn to: Suggested teaching and learning strategies Themes and challenges The nature of crime Study the syllabus and construct a programme mind map structure for note-taking purposes throughout the unit. Discuss what students already know about the criminal law and how it affects them. Read the Crime Plan for the programme (see appendix 1) and consider how it meets the needs of the syllabus and students. Students have input into which tasks should receive priority. Students write out a list of questions that they want answered by the course content. Teacher adjusts content where appropriate. the meaning of crime describe the nature of crime Diagnostic quiz about crime terms Using examples from the media at , discuss which news events are considered criminal matters. Discuss the meaning of crime, including: Who decides what a crime is? Why do actions that were once considered criminal no longer fit this definition (homosexuality, witchcraft, etc.)? Why have some actions such as domestic violence been criminalised? the extent to which law reflects moral and ethical standards the elements of crime: actus reus, mens rea Explanation of the terms actus reus and mens rea, outlining their importance in criminal law. Students identify the actus reus and mens rea in a list of cases from strict liability offences Brainstorm: Why is it not always necessary to have mens rea present? Students consider exemptions of mental illness, age of criminal understanding (doli incapax). Does this help to achieve justice? Define strict liability. Discussion of why strict liability offences do not require mens rea, and the implications for justice for victims, offenders and society. the extent to which the law balances the rights of victims, offenders and society causation Explain causation using cases such as R v Blaue [1975] 3 All ER 446 cited in , (1991) 171 CLR 506. Write a note for one case using a note scaffold categories of crime (offences against the person, offences against the sovereign, economic offences (property/white collar/computers), drug offences, driving offences, public order offences, preliminary crimes recognise the different categories of crime Define categories of crime. Create an of the categories and their examples. Use examples from media reports and/or cases to illustrate each.
responsibility. victims, offenders and society Students report examples of these cases where defences have been used, and discuss any controversies in terms of society’s expectations or victim’s rights. Consider any examples of recent or suggested law reform. Kinloch p.12; Sorrell p.38 Study skill: Thinking like a lawyer. Examine and practice the skills of inductive and deductive reasoning, abstraction, distinguishing, accepting ambiguity, dispassionate argument and questioning through the use of a case study. Written response: Scaffold as a class and write an individual response to: ‘Using examples of cases, legislation, media or reports, assess the use of defences to criminal charges in achieving justice.’ Resources: The Law Handbook, Redfern Legal Centre media file role of juries, including verdicts evaluate the effectiveness of the jury system in the criminal trial assess the effectiveness of the criminal trial process as a means of achieving justice Pre-test/review of earlier work: what is the role of the jury in a criminal trial? Who is eligible for jury duty? Discuss advantages and disadvantages of the jury system. Watch Secrets of the Jury Room Storyline Australia SBS 2004. Teacher commentary and student discussion throughout the broadcast. A specific focus on perspective, motive and the use of language by the documentary maker. Research jury law reform, such as majority verdicts in NSW criminal trials, and examine controversial contemporary cases involving juries (could include the Skaf case, K Brothers case, first aborted Gordon Wood trial, district court trial aborted due to jury playing Sudoku). Examine recent examples of law reform or proposed law reform and consider the extent to which the law balances the rights of victims, offenders and society. Assessment Task 3: ‘Evaluate the effectiveness of the trial system for individuals and society. Support your answer with cases, legislation, media reports and/or other reports.’ Scaffold an extended response as a class, and research relevant cases, legislation and media/reports. Discuss findings in class. Students then write an individual response on a class wiki which students comment and annotate to produce a class finding. the extent to which the law balances the rights of victims, offenders and society