Legal Studies 2013 Teaching and learning resources Sample unit of work: Crime Units of work in Legal Studies can be developed using contextualised learning experiences and assessment opportunities based on the relevant subject matter from the identified areas of study. A unit of work provides teaching strategies and learning experiences to allow students to demonstrate the dimensions and objectives of the Legal Studies Senior Syllabus 2013. The sample units of work incorporate the objectives described in the dimensions of the syllabus. They offer flexibility to cater for a variety of learning styles and school contexts. They are neither prescriptive nor exhaustive. The sample resources demonstrate: organisation and development of course content teaching and learning that supports the syllabus learning experiences that support achievement of the objectives described in the dimensions alignment between content, learning experiences and assessment. Building learning experiences Over a unit of work, learning experiences demonstrate the: identified subject matter from the chosen area of study relevant dimensions and objectives Knowing and understanding the law Investigating legal issues Responding to the law. Table 1 provides example learning experiences for inclusion in a unit of work. Table 1: Example learning experiences in a unit of work Explain why a Bill of Rights exists. Analyse whether a Bill of Rights is an effective document. Explain any problems. Make recommendations as to what human rights should be included in a Bill of Rights. 150202 Justify all suggestions. Sample unit of work: Crime Inquiry focus guides the selection of subject matter and development of learning experiences. Inquiry focus: To what extent does the criminal justice system successfully balance the rights of individuals with society’s need for order? Area of study Criminal law Focus statement Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact. Unit of work details (e.g. suggested hours and semester) match the work program course organisation. Suggested hours 25 Semester 2 Dimensions and objectives Knowing and understanding the law define and describe facts using legal terminology explain legal concepts and processes communicate meaning using language conventions to suit purpose and audience Investigating legal issues select and organise legal information from sources analyse legal situations to identify and examine legal issues and stakeholders’ perspectives apply legal concepts and processes to legal issues to determine legal outcomes Responding to the law evaluate the law and stakeholder responses make decisions and recommendations about legal outcomes and their implications justify decisions and recommendations using evidence and legal reasoning Subject matter identified relates directly to the inquiry focus. The identified subject matter can be drawn directly from the syllabus or developed from the inquiry. Identified subject matter What is a crime? What are the basic elements of criminal law? i.e. criminal conduct, presumption of innocence, onus and standard of proof, sources of Queensland criminal law. What are the rights of citizens and the powers of police? i.e. powers of arrest, detention, search and seizure, the right to silence, watch-house and bail procedures. How are criminal matters prosecuted? i.e. committal and summary proceedings, trial by judge and jury, legal representation, criminal trial process What are types of offences? i.e. against person, property, drug, motor vehicle and public interest. What are the consequences of conviction? e.g. defences available to accused persons, theories of punishment and sentencing, sentencing orders, criminal record, restitution and compensation, victim impact statements. What issues surround young offenders? Legal Studies 2013 Sample unit of work: Crime Queensland Curriculum & Assessment Authority February 2015 Page 2 of 5 Learning experiences are developed based on the relevant subject matter from the identified areas of study. Subject matter that develops the unit of work inquiry is clearly identified. Learning experiences Explain the term ‘crime’. Explain the relationship between cause and effect. Brainstorm the factors that define the term ‘criminal’. Explain whether or not a criminal is someone who has consciously committed an offence. Select some criminal offences and analyse these criminal offences. Identify the category of crime these offences fall into and their severity. Prepare a comparative table which highlights the similarities and differences between summary and indictable offences. Identify some strategies that can be used to prevent crimes occurring. Define situational and social prevention crimes. Select and organise the examples into situational or social preventions. Explain the reasons for each categorisation. Investigate to what extent police have powers in the criminal process. Prepare a summary PowerPoint presentation to communicate the findings. Examine the process by which crimes are reported and investigated. Represent the process by selecting and organising information in a flowchart. List the different courts and describe the types of cases that each court hears. Identify some specific circumstances where matters are moved from one court to another. Explain why this occurs. Clarify the differences between the adversary system and the inquisitional system. Evaluate and decide which system is the most just and equitable. Debate the differences in small groups. Discuss the relationship between the onus of proof and standard of proof. Analyse the implications of burden of proof on the obligation of the state prosecutor to prove the accused guilty beyond reasonable doubt. Explain the impact of this requirement on the court system. Compare and contrast the advantages and disadvantages of the jury system. Specific inquiry tasks are developed as learning experiences. Investigate whether the criminal trial process is an effective means of achieving justice. Prepare a letter to the editor which outlines the decisions reached. Define and describe the criminal trial process Explain the concept of justice Select and organise some secondary sources of information (including example case studies). Possibly include research or information gathered from a visit to a court to follow criminal proceedings. Identify and analyse the different stakeholders involved in the criminal trial process Identify the different legal issues surrounding the criminal trial process Evaluate the criminal trial process to determine if it is just and equitable Justify the decisions made. Outline the factors which affect the exercise of judicial discretion in relation to sentencing. Examine the role of the victim in relation to sentencing? Describe why this is important. Learning experiences should be developed in order to prepare the students for the selected assessment. Identify and define the different types of penalties, rank the severity of these penalties. Evaluate the role of different penalties in the criminal process. Describe some examples of the use of different penalties and analyse why these penalties were imposed. Provide case studies or examples of each type of penalty. Examine the role of diversionary programs in preventing crime. Legal Studies 2013 Sample unit of work: Crime Queensland Curriculum & Assessment Authority February 2015 Page 3 of 5 Learning experiences are developed based on the relevant subject matter from the identified areas of study. Learning experiences Describe the impact of post-sentencing considerations upon the achievement of justice. Debate the positives and negatives of prison as a form of punishment. Brainstorm and list the range of issues that relate to the different ages of criminal responsibility below 18. Explain the rights and responsibilities of young offenders in the criminal justice system. Evaluate the impact of the criminal proceedings for young offenders. Possible assessment idea Dimensions and objectives are selected based on the assessment task. Teachers develop an instrumentspecific standards matrix based on the selected exit standards. Dimensions and objectives Knowing and understanding the law define and describe facts using legal terminology communicate meaning using language conventions to suit purpose and audience Investigating legal issues analyse legal situations to identify and examine legal issues and stakeholders’ perspectives apply legal concepts and processes to legal issues to determine legal outcomes Responding to the law evaluate the law and stakeholder responses make decisions and recommendations about legal outcomes and their implications justify decisions and recommendations using evidence and legal reasoning Assessment technique and conditions match syllabus requirements. Assessment technique Examination Assessment conditions 1–1.5 hours Short-response test — 50–250 words per response Extended response test — 400–600 words per response Assessment task should align to the identified dimensions and objectives above. Assessment task Short-response items — a number of case studies requiring the application of knowledge and understanding to determine the appropriate application of the law (e.g. applying principles of negligence) Extended response item — essay response to an evaluative question such as ‘Evaluate the effectiveness of sentencing and punishment in achieving justice.’ Legal Studies 2013 Sample unit of work: Crime Queensland Curriculum & Assessment Authority February 2015 Page 4 of 5 Possible assessment idea Research focus questions should be developed into inquiry tasks to allow the evidencing of selected dimensions and objectives. Dimensions Knowing and understanding the law define and describe facts using legal terminology explain legal concepts and processes communicate meaning using language conventions to suit purpose and audience Investigating legal issues select and organise legal information from sources analyse legal situations to identify and examine legal issues and stakeholders’ perspectives Responding to the law evaluate the law and stakeholder responses make decisions and recommendations about legal outcomes and their implications justify decisions and recommendations using evidence and legal reasoning Assessment technique Extended research response Assessment conditions Written report 800–1000 words Assessment task Possible research focuses could include: Is the criminal investigation process effective in achieving justice? Why should juvenile offenders be treated differently from adult offenders? Australia’s juvenile reconviction rate is too high Age of criminal consent: 16 or 18? Should children be charged with their crime? Resources NSW HSC online resources — http://hsc.csu.edu.au/legal_studies/structure/crime/4076/trial_process.htm Juveniles’ contact with the criminal justice system in Australia, K Richards, Monitoring Report No. 7, Australian Institute of Criminology, 2009, p 22; available at www.aic.gov.au Young people and crime, Hot Topics 73, Legal Information Access Centre (LIAC) 2011 — www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/youngpeople_crime_73.pdf NSW State Library Crime — http://guides.sl.nsw.gov.au/content.php?pid=242813&sid=2271348 NSW State Library — Find Legal Answers — www.legalanswers.sl.nsw.gov.au/students_teachers/index.html Legal Studies 2013 Sample unit of work: Crime Queensland Curriculum & Assessment Authority February 2015 Page 5 of 5