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Subject : LEGAL STUDIES Part I – Crime (30% of course time; 12 weeks)
Year group: 12 (HSC) Unit: The nature of crime
Time: 2 weeks (Term __ – Weeks __ to __)
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 Outcomes:
Part I – Crime: H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and
the role of discretion in the criminal justice system
international law
issues of compliance and non-compliance in regard to criminal law H3. analyses the operation of domestic and international legal systems
the extent to which law reflects moral and ethical standards H4. evaluates the effectiveness of the legal system in addressing issues
the role of law reform in the criminal justice system H5. explains the role of law in encouraging cooperation and resolving conflict, as well as
the extent to which the law balances the rights of victims, offenders initiating and responding to change
and society H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
the effectiveness of legal and non-legal measures in achieving justice. H8. locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
Each topic’s themes and challenges should be integrated into the study of H9. communicates legal information using well-structured and logical arguments
the topic, and they may be examined. H10. analyses differing perspectives and interpretations of legal information and issues.
Assessment
To be devised within each school according to needs and requirements, noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content
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1. The nature of crime
the meaning of crime describe the nature of crime Students create two mind maps – one Cambridge Legal Studies –
the elements of crime: actus reus, illustrating crimes that they have HSC (Second Edition)
mens rea witnessed and one illustrating crimes pp. 4–19
strict liability offences recognise the different categories they know about but have not Review 1.1
causation of crime witnessed. H1 Research 1.1
categories of crime including Students to write their own definition
offences against the person, of a crime and then compare with p. 4
offences against the sovereign, text. H1
economic offences (property/white
collar/computer), drug offences, Teacher led discussion – the Cambridge Legal Studies –
driving offences, public order changing definition and development HSC (Second Edition)
offences, preliminary crimes of crimes over history. H5 pp. 6–8
(attempts and conspiracy) Distinguish between mens rea and Review 1.2
actus reus. Students to construct
hypothetical situations illustrating Research 1.2
these concepts with reference to Research 1.3
causation.H2
Explain why the legal system has
introduced strict liability crimes. H4
Students use the internet to research Useful weblinks:
current legal cases and tabulate these Australian Institute of
according to the various categories of Criminology
crime they have studied. Students to http://www.aic.gov.au/
define each category of crime. H8 http://www.aic.gov.au/en/cri
me_types.aspx
summary and indictable offences Review 1.3
define summary and indictable Distinguish between indictable and
offences summary offences. H1 Cambridge Legal Studies –
HSC (Second Edition)
Define the 4 “parties to a crime”. H1
pp. 23–5
Group work – Students to create a
Review 1.4
scenario which illustrates the roles
played by the 4 “parties to a crime”.
H9
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parties to a crime including principal
in the first degree, principal in the
second degree, accessory before Students to summarise the factors Cambridge Legal Studies –
the fact, accessory after the fact that may lead to criminal behaviour. HSC (Second Edition)
H1 pp. 21–3
Research 1.5
factors affecting criminal behaviour examine a range of factors that
may lead to criminal behaviour
crime prevention: situational and
social
Students create a table that defines
situational and social crime
prevention techniques with examples.
H4
investigate a range of situational
and social crime prevention
techniques
Cambridge Legal Studies –
Complete Chapter Summary tasks and HSC (Second Edition)
multiple-choice questions pp. 26–7
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HSIE FACULTY
Subject : LEGAL STUDIES Part I – Crime (30% of course time; 12 weeks)
Year group: 12 (HSC) Unit: The criminal investigation process
Time: 2 weeks (Term __ – Weeks __ to __)
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 Outcomes:
Part I – Crime: H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and
the role of discretion in the criminal justice system
international law
issues of compliance and non-compliance in regard to criminal law H3. analyses the operation of domestic and international legal systems
the extent to which law reflects moral and ethical standards H4. evaluates the effectiveness of the legal system in addressing issues
the role of law reform in the criminal justice system H5. explains the role of law in encouraging cooperation and resolving conflict, as well as
the extent to which the law balances the rights of victims, offenders initiating and responding to change
and society H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
the effectiveness of legal and non-legal measures in achieving justice. H8. locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
Each topic’s themes and challenges should be integrated into the study of H9. communicates legal information using well-structured and logical arguments
the topic, and they may be examined. H10. analyses differing perspectives and interpretations of legal information and issues.
Assessment
To be devised within each school according to needs and requirements, noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content
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2. The criminal investigation process NSW Police Force:
Invite local a police officer to give a http://www.police.nsw.gov.a
police powers discuss the powers of police in the brief presentation to the class (or visit u/
criminal process local police station) to discuss police http://www.police.nsw.gov.a
powers and the NSW Police Force u/about_us/policies__and__
Code of Conduct. H3 procedures/policies/code_of
Distinguish between the concepts of _conduct_and_ethics
arrest, interrogation and investigation.
H1
Cambridge Legal Studies –
HSC (Second Edition)
p.30
Research 2.1
Class discussion – “When would you Cambridge Legal Studies –
reporting crime examine the reporting and report a crime to the police?” H6 HSC (Second Edition)
investigating of crime Explain why some crimes are widely p. 31
reported and others are not. (N.B. Review 2.1
You may wish to research the Carl
Williams murders) H3
Define each of the following in relation
investigating crime: gathering assess the effectiveness of the to the investigation of a crime –
evidence, use of technology, search criminal investigation process as a gathering evidence, use of
and seizure, use of warrants means of achieving justice technology, search and seizure, use
of warrants. H3
Use the internet to research cases Useful website:
where the use of DNA testing has The Innocence Project
freed innocent people from prison. H7 http://www.innocenceproject
.org/
Define the concepts of “arrest” and
“charge”. H1
arrest and charge, summons, Distinguish between a summons and
warrants a warrant AND bail and remand. H1
Cambridge Legal Studies –
bail or remand Outline the situations where an
HSC (Second Edition)
accused is denied bail. H4
pp. 38–41
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Review 2.2
Review 2.3
detention and interrogation, rights of Students construct a table outlining Research 2.2
suspects the rights of suspects. H1
Research the case Foster v R (1993) Review 2.4
113 ALR 1; and explain how the
suspect’s rights were infringed. H7 http://www.envlaw.com.au/h
andout6.pdf
Foster v R (1993) 113 ALR
1
Complete Chapter Summary tasks and Cambridge Legal Studies –
multiple-choice questions HSC (Second Edition)
p.42–3
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Subject : LEGAL STUDIES Part I – Crime (30% of course time; 12 weeks)
Year group: 12 (HSC) Unit: The criminal trial process
Time: 2 weeks (Term __ – Weeks __ to __)
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 Outcomes:
Part I – Crime: H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and
the role of discretion in the criminal justice system
international law
issues of compliance and non-compliance in regard to criminal law H3. analyses the operation of domestic and international legal systems
the extent to which law reflects moral and ethical standards H4. evaluates the effectiveness of the legal system in addressing issues
the role of law reform in the criminal justice system H5. explains the role of law in encouraging cooperation and resolving conflict, as well as
the extent to which the law balances the rights of victims, offenders initiating and responding to change
and society H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
the effectiveness of legal and non-legal measures in achieving justice. H8. locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
Each topic’s themes and challenges should be integrated into the study of H9. communicates legal information using well-structured and logical arguments
the topic, and they may be examined. H10. analyses differing perspectives and interpretations of legal information and issues.
Assessment
To be devised within each school according to needs and requirements, noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content
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3. The criminal trial process
court jurisdiction describe the role of courts in the Students work in groups to construct Cambridge Legal Studies –
criminal justice process a flowchart explaining the criminal HSC (Second Edition)
court hierarchy and indicating the pp. 46–52
types of matters heard at each level. Review 3.1
H3 Review 3.2
Explain the difference between Review 3.3
the adversary system discuss the use of the adversary original and appellate jurisdiction. H3
system as a means of achieving Distinguish between the adversarial
justice and inquisitorial systems. Emphasise
the role of the judge in both systems.
H3
legal personnel: magistrate, judge, examine the role of legal Teacher led discussion outlining the Cambridge Legal Studies –
police prosecutor, Director of Public representation in the criminal trial role of: judges/magistrates, HSC (Second Edition)
Prosecution, Public Defenders prosecutors and barristers/solicitors in pp.52–5
pleas, charge negotiation criminal trials. H1 Review 3.4
Outline the advantages and
disadvantages of the plea bargaining Research 3.2
process. H4
legal representation, including Legal Examine the role of legal aid. H7 Legal Aid NSW:
Aid Class discussion – “Good legal http://www.legalaid.nsw.gov.
burden and standard of proof representation is more important than au/
use of evidence, including witnesses the facts of a case”. H4
Research 3.3
Distinguish between the burden and
Cambridge Legal Studies –
standard of proof in criminal trials. H1
HSC (Second Edition)
Students are to write a report
pp.57–9
indicating when evidence is
inadmissible. H4
Review 3.5
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defences to criminal charges: assess the use of defences to Students construct a table which Cambridge Legal Studies –
– complete defences criminal charges in achieving defines complete and partial defences HSC (Second Edition)
– partial defences to murder justice using examples to illustrate their pp. 59–61
the role of juries, including verdicts answer. H1
Review 3.6
evaluate the effectiveness of the Cambridge Legal Studies –
jury system in the criminal trial Class are to make a summary of how HSC (Second Edition)
jurors are selected and their role in a pp. 63
assess the effectiveness of the criminal trial. H3
criminal trial process as a means Students read the Legal Info box on
of achieving justice p. 63 and write a review their findings.
H5
Mock trial resources:
Students prepare for and participate Cambridge Legal Studies –
in a mock trial using materials HSC (Second Edition)
provided on Cambridge Legal Studies Teacher CD-ROM
– HSC (Second Edition) Teacher CD- http://www.abc.net.au/mockt
ROM, from the internet or a case they rial/default.htm
have developed themselves. H3, H4,
H7
Complete Chapter Summary tasks and Cambridge Legal Studies –
multiple-choice questions HSC (Second Edition)
pp. 64–5
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Subject : LEGAL STUDIES Part I – Crime (30% of course time; 12 weeks)
Year group: 12 (HSC) Unit: Sentencing and punishment
Time: 2 weeks (Term __ – Weeks __ to __)
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 Outcomes:
Part I – Crime: H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and
the role of discretion in the criminal justice system
international law
issues of compliance and non-compliance in regard to criminal law H3. analyses the operation of domestic and international legal systems
the extent to which law reflects moral and ethical standards H4. evaluates the effectiveness of the legal system in addressing issues
the role of law reform in the criminal justice system H5. explains the role of law in encouraging cooperation and resolving conflict, as well as
the extent to which the law balances the rights of victims, offenders initiating and responding to change
and society H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
the effectiveness of legal and non-legal measures in achieving justice. H8. locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
Each topic’s themes and challenges should be integrated into the study of H9. communicates legal information using well-structured and logical arguments
the topic, and they may be examined. H10. analyses differing perspectives and interpretations of legal information and issues.
Assessment
To be devised within each school according to needs and requirements, noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content
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4. Sentencing and punishment
statutory and judicial guidelines discuss factors that affect Outline statutory and judicial Cambridge Legal Studies –
the purposes of punishment: sentencing decisions, including the guidelines as they relate to HSC (Second Edition)
deterrence (specific and general), purposes of punishment and the sentencing and punishment. H3 p. 68–73
retribution, rehabilitation, role of the victim Group work – students create a Review 4.1
incapacitation PowerPoint presentation on an
allocated “purpose of punishment”.
Each presentation must define the Review 4.2
purpose and provides examples in
which judges have based the
punishment on this purpose. H5
factors affecting a sentencing Use examples to explain the Cambridge Legal Studies –
decision: aggravating and mitigating difference between aggravating and HSC (Second Edition)
circumstances mitigating circumstances. H7 p. 74
Research 4.1
Examine the role of the victim in the
the role of the victim in sentencing sentencing process and explain how Review 4.3
appeals this has changed over time. H4
Outline the appeals process and
explain how this is a fundamental
aspect of “justice” H5
Cambridge Legal Studies –
HSC (Second Edition)
types of penalties including: no evaluate the effectiveness of Student work in pairs to construct p. 77
conviction recorded, caution, fine, different types of penalties, definitions for the types of penalties
bond, suspended sentence, including diversionary programs listed in the syllabus. H1 Research 4.2
probation, criminal infringement Review 4.4
notice, penalty units, community
service order, home detention, Students conduct an internet search Austlii:
periodic detention, forfeiture of into the penalty given in the Bilal Skaf http://www.austlii.edu.au/au/
assets, imprisonment, diversionary case – Students to make a judgement nsw/
programs on its appropriateness. H7
http://www.aija.org.au/resea
rch/australasian-therapeutic-
jurisprudence-
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clearinghouse/court-
alternative methods of sentencing assess the roles of alternative Students to research “diversionary diversion-programs.html
including circle sentencing, methods of sentencing programs” on the internet and make a
restorative justice judgement on their effectiveness. H7
examine the implications of post-
post-sentencing considerations, sentencing considerations in Summarise the key aspects of Cambridge Legal Studies –
including security classification, achieving justice alternative methods of sentencing. HSC (Second Edition)
protective custody, parole, Explain why they have been p. 85
preventative detention, continued evaluate the effectiveness of introduced. H5 Review 4.5
detention, sexual offenders sentencing and punishment as a Review 4.6
registration, deportation means of achieving justice Outline the various post sentencing
considerations. H4
Complete Chapter Summary tasks and Cambridge Legal Studies –
multiple-choice questions HSC (Second Edition)
pp. 90–1
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Subject : LEGAL STUDIES Part I – Crime (30% of course time; 12 weeks)
Year group: 12 (HSC) Unit: Young offenders
Time: 2 weeks (Term __ – Weeks __ to __)
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 Outcomes:
Part I – Crime: H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and
the role of discretion in the criminal justice system
international law
issues of compliance and non-compliance in regard to criminal law H3. analyses the operation of domestic and international legal systems
the extent to which law reflects moral and ethical standards H4. evaluates the effectiveness of the legal system in addressing issues
the role of law reform in the criminal justice system H5. explains the role of law in encouraging cooperation and resolving conflict, as well as
the extent to which the law balances the rights of victims, offenders initiating and responding to change
and society H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
the effectiveness of legal and non-legal measures in achieving justice. H8. locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
Each topic’s themes and challenges should be integrated into the study of H9. communicates legal information using well-structured and logical arguments
the topic, and they may be examined. H10. analyses differing perspectives and interpretations of legal information and issues.
Assessment
To be devised within each school according to needs and requirements, noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content
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5. Young offenders
discuss the issues surrounding the Students work in pairs to interpret Cambridge Legal Studies –
age of criminal responsibility age of criminal responsibility Figures 5.1 and 5.2 in the text and HSC (Second Edition)
report back to the class on their pp. 94–5
significance. H6 Review 5.1
Student read text and define the Review 5.2
concept of doli incapax. H1
Students work in pairs to compile a
table outlining how the law deals with
Under 10s, 10–13 year olds and 14–
17 year olds. H3 Cambridge Legal Studies –
Students divide into groups and read HSC (Second Edition)
the rights of children when explain why young offenders are the case R v LMW (1999) on p. 98 of p.98
questioned or arrested treated differently in the criminal the text. Each group presents to the Review 5.3
justice system class on how they would have
decided the case. H10 Review 5.4
Review 5.5
Class discussion – “Why should
children be treated differently by the
law?” H7 Cambridge Legal Studies –
Students refer to text and investigate HSC (Second Edition)
the ways in which children are treated pp. 104–7
differently by the law. H4
Review 5.6
Children’s Court – procedures and assess the effectiveness of the Student form pairs and access the Children’s Court:
operation criminal justice system when internet to research the dual role of http://www.lawlink.nsw.gov.
penalties for children dealing with young offenders the Children’s Court. Pairs present au/childrenscourt
alternatives to court their findings in class. H3
Review 5.7
Visit the Children’s Court website and
go through the “Common Questions”
link. H8
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Class discussion – “Rehabilitation Cambridge Legal Studies –
should NOT be given primary weight HSC (Second Edition)
when determining punishments for p. 109–10
young people”. H7 Research 5.1
Divide class into two groups – one
group researches the facts of R v Cambridge Legal Studies –
GDP (1991) and the other researches HSC (Second Edition)
the facts of R v Pham & Ly (1991) p. 110–13
outlined on pp. 109–10. Compare and
contrast the two cases tabulate the Review 5.8
results. H10
Teacher led discussion outlining the
various alternatives to Court available
to young people. H5
Complete Chapter Summary tasks and
multiple-choice questions Cambridge Legal Studies –
HSC (Second Edition)
p. 114–15
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HSIE FACULTY
Subject : LEGAL STUDIES Part I – Crime (30% of course time; 12 weeks)
Year group: 12 (HSC) Unit: International crime
Time: 2 weeks (Term __ – Weeks __ to __)
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 Outcomes:
Part I – Crime: H1. identifies and applies legal concepts and terminology
H2. describes and explains key features of and the relationship between Australian and
the role of discretion in the criminal justice system
international law
issues of compliance and non-compliance in regard to criminal law H3. analyses the operation of domestic and international legal systems
the extent to which law reflects moral and ethical standards H4. evaluates the effectiveness of the legal system in addressing issues
the role of law reform in the criminal justice system H5. explains the role of law in encouraging cooperation and resolving conflict, as well as
the extent to which the law balances the rights of victims, offenders initiating and responding to change
and society H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
the effectiveness of legal and non-legal measures in achieving justice. H8. locates, selects, organises, synthesises and analyses legal information from a variety of
sources including legislation, cases, media, international instruments and documents
Each topic’s themes and challenges should be integrated into the study of H9. communicates legal information using well-structured and logical arguments
the topic, and they may be examined. H10. analyses differing perspectives and interpretations of legal information and issues.
Assessment
To be devised within each school according to needs and requirements, noting:
Outcomes are applicable to all topics. Some may be more relevant to a particular topic than others. Outcomes may be examined.
The principal focus for each topic may be examined.
Content
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6. International crime
categories of international crime, define international crime Mind map – students to provide Cambridge Legal Studies –
including: examples of what they think HSC (Second Edition)
– crimes against the international constitutes an international crime. H1 pp. 118–23
community Students brainstorm examples to Review 6.1
– transnational crimes define and distinguish between
crimes against the international
community and transnational crimes.
H2
Students refer to the text and
research the significance of the Rome
Statute. H3
Review 6.2
Students form focus groups to
research genocide, crimes against
humanity and war crimes. Focus
groups use the text, library and
internet to create a Word
document/PowerPoint to research
each concept (providing historical and
contemporary examples) and report
back to the class. H1
dealing with international crime: describe the various measures
– domestic and international used to deal with international
measures limitations. crime
Teacher led discussion about the role Cambridge Legal Studies –
of the ICC. H3 HSC (Second Edition)
Students form small groups and visit p. 120
the ICC website to research a variety
of current cases. Students summarise International Criminal Court
key facts about these cases and (ICC):
report back to the class. H3 http://www.icc-
cpi.int/Menus/ICC/Situations
+and+Cases/
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evaluate the effectiveness of the Outline the domestic measures used Research 6.1
domestic and international legal to deal with international crime. H5 Review 6.3
systems in dealing with Outline the international measures
international crime. used to deal with international crime. Review 6.5
H5
Review 6.4
Research 6.2
Class debate – “Interpol is the basis
of effective control of international INTERPOL:
crime” H3 www.interpol.int
Refer to the text and summarise the Cambridge Legal Studies –
key points relating to effectiveness of HSC (Second Edition)
the legal measures introduced to deal pp. 135–7
with international crime. H7
Research 6.3
Complete Chapter Summary tasks and Cambridge Legal Studies –
multiple-choice questions HSC (Second Edition)
pp. 138–9