Part I of
the core – Crime 30% of course time
Principal focus: Through the use of
a range of contemporary examples, students investigate criminal law, processes
and institutions and the tension between community interests and individual
rights and freedoms.
Themes and challenges to be incorporated throughout
this topic:
the
role of discretion in the criminal justice system
issues
of compliance and non-compliance in regard to criminal law
the
extent to which law reflects moral and ethical standards
the
role of law reform in the criminal justice system
the
extent to which the law balances the rights of victims, offenders and society
the
effectiveness of legal and non-legal measures in achieving justice.
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Students learn about: 1. The nature of crime the meaning of crime the elements of crime: actus reus, mens rea strict liability offences causation categories of crime including summary and indictable offences parties to a crime including principal in the first degree, principal
in the second degree, accessory before the fact, accessory after the fact factors affecting criminal behaviour crime prevention: situational and social |
Students learn to: describe the nature of crime recognise the different categories of crime define summary and indictable offences examine a range of factors that may lead to criminal behaviour investigate a range of situational and social crime prevention
techniques |
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2. The criminal investigation process police powers reporting crime investigating crime: gathering
evidence, use of technology, search and seizure, use of warrants arrest and charge, summons,
warrants bail or remand detention and interrogation,
rights of suspects |
discuss the powers of police in
the criminal process examine the reporting and
investigating of crime assess the effectiveness of the
criminal investigation process as a means of achieving justice |
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3. Criminal trial process court jurisdiction the adversary system legal personnel: magistrate, judge, police prosecutor, Director of
Public Prosecution, Public Defenders pleas, charge negotiation legal representation, including legal aid burden and standard of proof use of evidence, including witnesses defences to criminal charges: complete defences partial defences to murder the role of juries, including verdicts |
describe the role of courts in the criminal justice process discuss the use of the adversary system as a means of achieving
justice examine the role of legal representation in the criminal trial assess the use of defences to criminal charges in achieving justice 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 |
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4. Sentencing and punishment statutory and judicial guidelines the purposes of punishment: deterrence (specific and general),
retribution, rehabilitation, incapacitation factors affecting a sentencing decision: aggravating and mitigating
circumstances the role of the victim in sentencing appeals types of penalties including: no conviction recorded, caution, fine,
bond, suspended sentence, probation, criminal infringement notice, penalty
units, community service order, home detention, periodic detention, forfeiture
of assets, imprisonment, diversionary programs alternative methods of sentencing including circle sentencing,
restorative justice |
discuss factors that affect sentencing decisions, including the
purposes of punishment and the role of the victim evaluate the effectiveness of different types of penalties, including
diversionary programs assess the roles of alternative methods of sentencing |
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post-sentencing considerations,
including security classification, protective custody, parole, preventative
detention, continued detention, sexual offenders
registration, deportation |
examine the implications of
post-sentencing considerations in achieving justice evaluate the effectiveness of
sentencing and punishment as a means of achieving justice |
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5. Young offenders age of criminal responsibility the rights of children when
questioned or arrested Children’s Court – procedures
and operation penalties for children alternatives to court |
discuss the issues surrounding the age of criminal
responsibility explain why young offenders are
treated differently in the criminal justice system assess the effectiveness of the
criminal justice system when dealing with young offenders |
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6. International crime categories of international crime, including: crimes against the international community transnational crimes dealing with international crime: domestic and international measures limitations. |
define international crime describe the various measures used to deal with international crime evaluate the effectiveness of the domestic and international legal
systems in dealing with international crime. |
Part II of
the core: Human rights 20%
of course time
Principal focus:
Through the use of a range of contemporary examples,
students investigate the notion of human rights and assess the extent to which
legal systems embody such human rights and promote them in practice.
Themes and challenges to be incorporated throughout
this topic:
the
changing understanding of the relationship between state sovereignty and human
rights
issues
of compliance and non-compliance in relation to human rights
the
development of human rights as a reflection of changing values and ethical
standards
the
role of law reform in protecting human rights
the
effectiveness of legal and non-legal measures in protecting human rights.
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Students
learn about: 1. The nature and development
of human rights the definition of human rights developing recognition of human rights the abolition of slavery trade unionism and labour rights universal suffrage universal education self-determination environmental rights peace rights formal statements of human rights Universal Declaration of Human Rights International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights |
Students
learn to: define human rights outline how human rights have changed and developed over time investigate
the evolving recognition and importance of universal
human rights examine major human rights documents and explain their contribution to
the development of human rights |
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2. Promoting and enforcing human rights In the international community: state sovereignty the roles of : the United Nations intergovernmental organisations courts, tribunals and independent statutory authorities non-government organisations the media In Australia: the incorporation of human rights into domestic law the roles of: the Constitution, including division of powers and separation of
powers statute law common law courts and tribunals non-government organisations the media a Charter of Rights (arguments for and against) |
assess the role of state sovereignty in promoting and enforcing human
rights evaluate the effectiveness of international responses in promoting and
enforcing human rights outline how human rights are incorporated into Australian domestic law evaluate the effectiveness of Australian responses in promoting and
enforcing human rights discuss the arguments for and against a Charter of Rights for
Australia |
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3. Investigate a contemporary
issue which illustrates the promotion and/or enforcement Issues could include: genocide treatment of refugees asylum seekers child soldiers abuse of children torture capital punishment arbitrary detention religious discrimination discrimination against women exploitation of workers human trafficking and slavery limitations on free speech. |
investigate a contemporary human rights issue and evaluate the
effectiveness of legal and non-legal responses to the issue. |