Its the law

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Why we have laws and how they are created and changed
What the origins of our legal system are
What the differences are between civil and criminal law
What happens when someone is arrested
How the court system operates
What our rights are under the law
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The law-breakers
We cant cross now, said Jamahl. The Dont Walk
sign is showing.
Its okay, just hurry, yelled Ben. There are no cars
coming.
When they reached the other side of the busy
intersection, a police ofcer approached them. Do
you realise that it is illegal to disobey a Dont Walk
sign? If I see you breaking the law again, I
will have to ne you.
Jamahl and Ben were apologetic.
Everyone does it so we thought it would be
okay, said Ben. We wont do it again.
Thats good, said the police ofcer.
The law is there to
protect you as well
as drivers.
As they
walked away,
Ben and
Jamahl both
realised they
knew very little
about the law.
They wanted to
know more.
EX[oj^[bWm
Y
OU HAVE to obey rules at school or on the sporting eld. Society also has a set
of rules called laws, which everyone in the community is expected to obey. For
example, motorists have to obey trafc laws. There are also laws to stop people under a
certain age from entering premises where alcohol is served. The difference between
a rule and a law is that the police and the
courts can enforce laws. Laws, therefore, are
legal rules. This means that a person can be
taken to court and penalised if he or she
breaks the laws.
The law therefore has three main roles:
1. Protection from the actions of others as well
as our own behaviour. It does this by telling
society what people cannot do. For example, we
cannot commit assault, murder or robbery. We
cannot drive while drunk or ride a bike without a
helmet. In this role, the law restricts our individual
freedom but provides safety for all individuals in
society.
2. Freedom to do many things by telling society
what people can do. For example, the law allows
us to own and operate a business, drive a car, get
married or divorced, or leave school.
3. Resolve disputes in order to stop people taking the
law into their own hands. The legal system provides
a police force (or service), court system, and
correctional centres (jails and juvenile detention
centres) to enforce and administer the law.
Why do we need laws?
Imagine what could happen if there were no laws and
people could do whatever they liked. Confusion and
chaos would occur. In extreme cases of conict, a
state of anarchy would develop. The person with the
most strength would start to dominate, and the weak
and helpless would suffer. However, when people
obey the law, a sense of order is created, resulting in a
society where people can live peacefully.
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WiLhouL laws, socieLy would be ih a
sLaLe of aharchy.
1he police force, like Lhe courLs ahd
correcLiohal cehLres, are parL of our
leqal sysLem.
REMEMBER
1 WhaL are laws?
2 How are laws differehL from school or sporL rules?
3 WhaL is meahL by Lhe Lerm 'aharchy'?
4 Why does socieLy heed laws?
UNDERSTAND
5 lmaqihe you have beeh elecLed ruler of AusLralia. WhaL laws would you
ihLroduce Lo make sure people lived ih harmohy? Explaih why you
would choose Lhese parLicular laws
6 Draw a picLure of yourself ehclosed ih a bubble. 1he bubble represehLs
your persohal rules such as Lhe disLahce you prefer Lo keep beLweeh
yourself ahd a sLrahqer. WriLe dowh four oLher persohal rules ahd
sLaLe wheLher Lhey are laws, rules or boLh.
7 WriLe a shorL sLory or creaLe a carLooh abouL a ciLy LhaL has ho Lrafhc
laws.
COMMUNICATE
8 Cive ah example of a rule or law LhaL you khow abouL buL ofLeh do hoL
obey. Why do you disobey iL ahd whaL would make you chahqe your
behaviour ih fuLure ahd obey Lhe rule or law?
9 M`^`cXek\j Lake ehforcemehL of law or moral rules ihLo Lheir owh
hahds. Explaih why iL is beLLer LhaL Lhe police ahd courLs, raLher Lhah
ihdividuals, resolve dispuLes.
10 Sihqapore has recehLly relaxed iLs laws oh chewihq qum, makihq iL
leqal Lo chew qum for LherapeuLic reasohs ohly. lL is sLill, however,
illeqal Lo brihq chewihq qum ihLo Sihqapore.
(a) Why do you Lhihk Lhe Sihqapore CoverhmehL has imposed a bah
oh qum cohfecLiohary?
(b) Do you Lhihk Lhere would be ehouqh supporL for a similar law
bahhihq chewihq qum Lo be passed ih AusLralia?
PARTICIPATE
11 Are Lhere siLuaLiohs ih which breakihq a law could be accepLable? lor
example, whaL do you Lhihk abouL a qroup of ehvirohmehLal acLivisLs
who break Lhe law wheh proLesLihq aqaihsL Lree clearihq? WiLh Lhis ih
mihd, debaLe Lhe followihq Lopic: '1haL iL is accepLable Lo break Lhe
law someLimes'.
distinguish between a rule (such as a school or sporting rule)
and a law
understand why a society needs to have laws in place for its
people
explain how laws protect individuals and encourage certain
freedoms.
I CAN:

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CONNECT
12 se Lhe lhLerheL Lo hhd ouL Lhe aqe aL which a
persoh ih AusLralia cah leqally:
(a) drive a car oh a public road
(b) drihk ih licehsed premises
(c) qeL married
(d) buy ciqareLLes
(e) siqh a cohLracL.
ou will hhd Lhe ihformaLioh you heed by visiLihq
Lhe websiLe for Lhis book ahd clickihq oh Lhe
vicLoria C\^Xc8`[ weblihk for Lhis chapLer (see
'Weblihks', paqe )8n).
If society has too many laws,
peoples freedoms are severely
restricted. However, a society that
does not have enough laws turns
to chaos, and people become
very unhappy. So it is important
for society to achieve a balance
between too many and too few
laws.
Doh'L break Lhe law!
worksheet 5
T
ODAYS LEGAL system had its beginnings in tribal
customs and religious practices. These early
unwritten rules, which were based on precedent,
have been passed down over hundreds of years, to
form the branch of law we call common law.
Every society has developed its own set of laws. These laws develop
over time and form a countrys legal system. Australia has a legal
system that began in England.
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Shamash, the god of peace,
presenting King Hammurabi with
the laws of Babylon. The rst
evidence of a list of written laws
dates back to ancient Sumeria,
a district of Babylonia. Around
1700 BC, King Hammurabi
arranged for laws to be carved
onto a two-metre stone pillar.
There were 282 laws for his
followers to obey. These laws
covered many matters, some of
which are still law today. Some of
these old laws included:
Law 162: If a man helps a slave
to escape, then he shall die.
Law 163: If a son strikes his
father, then he shall lose his
ngers.
Law 164: If a woman has not been a careful wife, and
belittles her husband, she shall be thrown into the river.
Moses and the Ten Commandments. The Jewish people follow the
laws of the Torah and the Ten Commandments, a set of laws written
down by the Hebrew lawgiver Moses in the
thirteenth century BC.
Ancient Rome
had a set of laws
operating by 450 BC
known as the Laws of the Twelve Tables.
Each year, an ofcial known as the praetor would
publicise any changes to these laws. Roman law
was very complex and only trained people called
juris prudentes (what we would call lawyers)
could interpret them. The study of law became
known as jurisprudence.
The Greeks were the
rst society to form a
democracy. This meant
the people gave the
government the power
to make laws for all its
citizens. In 621 BC, a Greek
man called Draco compiled
the rst set of laws, which
applied to all people living
in Athens. During the
590s BC, a Greek ofcial
named Solon updated
these laws.
Muslims adopted the Five
Pillars of Islam based on the
teachings of the prophet
Mohammed during the
seventh century BC.
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You slall nor
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You slall nor
sreal.
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virness.
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cover.
appreciate how our legal system
developed
identify some important developments
in our laws
construct a timeline to show how laws
developed over time.
I CAN:

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REMEMBER
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COMMUNICATE
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In AD 533 the
Roman Emperor
Justinian I
organised the
complex set
of Roman
laws into a
user-friendly,
organised
outline called
the Corpus Juris
Civilis (body of
civil law). Much
of modern-day
civil law is
based on his
work. From about the ninth century to the
fteenth century AD, Europe had a feudal
system. This meant that the lord of the
manor (castle) had absolute power over all
his people (serfs, or peasants). He created
any law he wanted and enforced them
any way he pleased. A person accused of
committing a crime was considered guilty
until proven innocent.
During his reign (AD 115489), Henry II of
England appointed advisers who visited
country towns to hold a court and hear
cases. He also introduced a system of trial
by jury to replace the common practice of
the time trial by ordeal. By the 1500s,
England had developed a common legal
system based on the right of a person to be
considered innocent until proven guilty.
Before the arrival of Europeans in 1788,
law in Australia existed as traditional
Aboriginal law. These laws were passed
on by word of mouth. This oral law was
very important and helped maintain
a stable society. A group of elders
administered these laws and could punish
offenders. Punishments included being
banished from the tribe. In Australia
today the legal system can still take into
account some parts of indigenous law.
The First Fleet
brought the English
legal system to
Australia. This is
why our laws are
very similar to
those of England.
Aboriginal people
were expected to
obey these laws,
which created many
misunderstandings
and problems for
everyone.
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Justice
There is an old saying that all people are equal before
the law. For this to happen, laws should treat all
people equally, regardless of whether they are male
or female, rich or poor, white or black, young or old.
This means that the interpretation and enforcement
of the law should not discriminate unjustly.
However, in reality, the legal system may not
always be able to provide justice for all.
For example, not everyone in society
has equal access to the legal system
because not everyone can afford
legal advice and representation.
To help overcome this kind of
discrimination, governments
provide legal aid to people
who cannot afford legal
representation. However, there
are problems with this system,
because it relies on government
funding. At times there may not
be enough money to provide
legal aid to everyone who needs
it.
Symbols of justice
The symbols of justice attempt to
reinforce the idea of fairness and
equality. The symbols are:
1. the scales, which represent the
legal system weighing up both
sides of the argument equally
2. the sword, which symbolises
the punishment to be imposed
on any guilty party
3. the blindfold, which demonstrates
that justice is impartial it is
not inuenced by wealth, race,
religion, gender or status and that
all people will be treated as equal.
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I
MAGINE YOU and your friend are discovered cheating during an exam. After an
investigation, the school decides to punish you by deducting 30 marks from your
nal score. However, your friend has only 10 marks deducted. You would probably feel
unfairly treated because of the injustice of the two punishments. This example shows
that the law should ensure that people who break the same law are treated in a similar
way. This is known as justice.
Analyse a cartoon
The legal system aims to provide
justice for all. However, the cartoon
below suggests that there is one
law for the rich and another for the
poor. Study it carefully. It seems
simple, but it provides quite a lot of information.
Who do the gures represent?
Look for clues in the way they are
drawn. Do any details emphasise a
persons wealth or power? What does
this tell you?
Look at the position of the gures and
their body language. Does one seem to
have more inuence? Why?
Does the cartoon suggest some form
of discrimination and injustice? What
might this be? What is the overall
message of this cartoon?
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A fair and unbiased hearing
Our legal system seeks justice by providing the
opportunity for all parties to present their arguments
before an impartial and independent adjudicator.
This is usually a magistrate or a judge. In serious
cases, juries hear the evidence and assist a judge in
deciding who is telling the truth.
understand that there is a difference between law and
justice
explain what each of the three symbols of justice
represents
carry out research on Ned Kelly, using the internet, to reach
conclusions about the fairness of his treatment.
I CAN:

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UNDERSTAND
1 Explaih Lhe symbolism aLLached Lo Lhe: (a) scales
(b) blihdfold (c) sword.
INVESTIGATE
2 Ceherally, Lhe word '|usLice' meahs 'fairhess'.
However, fairhess is a persohal idea. 1his meahs LhaL
whaL is 'fair' depehds oh whaL each persoh believes
is fair ih a parLicular siLuaLioh. Cohsider Lhe followihq
cases ahd decide wheLher you Lhihk Lhe puhishmehL
is fair or uhfair. Cive reasohs for your ahswers Lheh
discuss Lhem wiLh oLher class members.
(a) A ear 8 sLudehL is suspehded for Lhree mohLhs
for smokihq aL school.
(b) A )<-year-old is leL off wiLh ohly a police cauLioh
wheh cauqhL shopsLealihq.
(c) Ah ))-year-old boy is hoL allowed Lo |oih Lhe
uhder-) qirls' ice hockey Leam.
3 se Lhe ihLerheL or library Lo hhd ouL more abouL
Ned Kelly. Do you Lhihk he was fairly LreaLed? Why
or why hoL?
PARTICIPATE
4 CohducL some ihLerheL research Lo hhd ouL whaL
Nelsoh Mahdela ahd Ned Kelly have ih commoh.
Name ahoLher famous poliLical acLivisL who was
ihsLrumehLal ih chahqihq Lhe law.
5 lh qroups of Lhree or four, wriLe ahd perform a
Lwo-mihuLe roleplay abouL Lhe Lrial of Ned Kelly.
COMMUNICATE
Analyse a cartoon
6 Look carefully aL Lhis carLooh.
(a) Compare Lhe appearahces ahd body lahquaqe
of Lhe Leehaqer ahd Lhe
adulLs. WhaL does Lhis
reveal abouL how Lhey
miqhL be feelihq? WhaL
does Lhis carLooh suqqesL
abouL Lhe leqal sysLem? Do
you Lhihk Lhis suqqesLioh
is |usLihed? Why?
(b) Draw a carLooh or use clip
arL Lo compile ah ohlihe
carLooh. 1he carLooh
should depicL a problem
wiLh Lhe leqal sysLem.
(c) Show your compleLed
carLooh Lo ahoLher sLudehL
ahd ask Lhem Lo explaih Lhe leqal problem you
have depicLed.
A courLroom
hearihq
Ned Kelly
Ned Kelly justice or
injustice?
It would appear that
justice should be
an easy term to
dene. However,
it can have different
meanings depending on a
persons point of view. For
example, take the case of the
Australian bushranger Ned
Kelly.
Ned Kelly had his rst
brush with the law at the
age of 12. At 17, he had his
rst jail sentence. Over
13 years he stole cattle and
horses, robbed two banks,
and killed three police
ofcers.
Yet, after Ned
was sentenced to
hang in 1880, 60 000
Victorians signed a petition to save his life. They
saw him as a person who had been treated unfairly
by the legal system. They respected him because
they felt he fought for the rights of people who
had no power. To kill him, they argued, would be
unjust.
As the hood was put over his head just before he
was hung, Ned is reported to have said, Such is life.
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Criminal law
Criminal law protects individuals
from others doing the wrong
thing. It outlines the way people
should act what they can and
cannot do. Some of the most
common crimes are robbery,
homicide (manslaughter and
murder), rape, assault, theft and
drug offences. If a person commits
a crime, this is treated very
differently from other legal issues.
For example, if you rob a bank,
it does not remain just a dispute
between you and the bank.
Instead, your action is regarded
as an offence against the State
(society). The bank does not
have to try to catch you. Rather,
the State organises its police to
do this. The bank does not take
you to court the police or
representatives of the government
do. They will also be the ones
who prosecute you. It is up to
the prosecution to establish the
burden of proof. This means that
they must prove you are guilty of
the crime. It is not just up to you
to prove your innocence.
During the court case, you will
have the opportunity to tell your
side of the story. If you are found
guilty, you will be punished with
either a ne and/or imprisonment.
Serious crimes, such as
homicide, child abuse and rape,
are called indictable offences.
These offences are usually heard in
a higher court. For these offences,
the guilt of the defendant is
determined by a judge and jury.
In a criminal case, the jury must
decide beyond reasonable doubt.
This means that they cannot have
doubt that the person accused of
the crime is innocent.
Less serious crimes, such as
minor assaults, petty theft and
trafc infringements, are called
summary offences. They are dealt
with relatively quickly and cheaply
by a magistrate in a Magistrates
Court.
Civil law
Civil law deals with non-criminal
matters. It allows an individual
to bring actions against other
members of the public for a
civil wrong done to them. Civil
law involves such matters as
disputes between friends, business
partners, consumers and retailers,
neighbours or an individual and
a government department. Some
examples of civil wrongs include
negligence, trespass, defamation
and nuisance. Where a civil wrong
is successfully proven in court, the
wronged party will seek damages
money as compensation.
For example, imagine you
discover half a decomposed snail
at the bottom of a soft-drink
bottle from which you have just
drunk. You are then violently
sick and suffer serious stomach
illness. You decide to sue the
manufacturer for negligence
meaning that the manufacturer
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T
HERE ARE two main branches of the law that operate in society. One set of laws
regulates peoples behaviour with other individuals. It is known as civil law.
The other broad area of law regulates peoples behaviour within society as a whole.
It is referred to as criminal law.
Crime does hoL pay
worksheet 6
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lh civil cases Lhe ih|ured persoh sues
ahd cah receive compehsaLioh.
REMEMBER
1 WhaL is Lhe differehce beLweeh
civil law ahd crimihal law?
2 Explaih Lhe differehce
beLweeh:
(a) plaihLiff ahd defehdahL
(b) ihdicLable offehces ahd
summary offehces.
THINK
3 Do Lhese cases ihvolve crimihal
or civil law?
(a) ou are held up aL
khifepoihL ahd your purse
is sLoleh.
(b) A womah slips oh a weL
supermarkeL oor ahd
breaks ah ahkle.
(c) A mah is cohvicLed of
drivihq wiLh a blood
alcohol cohLehL of o.o8.
(d) ou hhd maqqoLs ih a Luha
sahdwich you |usL bouqhL
from a caf.
(e) A heiqhbour's loud music
aL am is disLurbihq you.
TEAMWORK
4 SelecL a parLher ahd collecL hve
hewspaper arLicles describihq
civil law cases ahd hve
describihq crimihal law cases.
lasLe Lhese oh a larqe sheeL,
Lheh discuss ahd lisL Lhe laws
beihq brokeh ih each case.
COMMUNICATE
5 kead Lhe arLicle opposiLe.
(a) Do you Lhihk Lhis is a civil
law maLLer or ohe Lo be
dealL wiLh uhder crimihal
law? Explaih your view.
(b) Who is Lhe plaihLiff, ahd
whaL does Lhe plaihLiff
wahL proved?
(c) lf you were asked Lo make
a leqal |udqemehL oh Lhis
case, whaL exLra evidehce
miqhL you look for Lo reach
a decisioh oh Lhe maLLers
beihq presehLed? Discuss
ih small qroups.
explain the difference between civil
and criminal law
collect and analyse legal cases from
the newspaper
analyse the issues raised in a media
report on a legal case.
I CAN:

B
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did not take enough care to prevent
an injury. You, the plaintiff, go
to court to prove your case. You
ask a judge to order the soft-drink
manufacturer, the defendant,
to pay you compensation. The
plaintiff does not always win such
cases. Sometimes the judge decides
that the plaintiff is in the wrong
and can order him or her to pay the
defendants legal costs. As the case
above indicates, sometimes civil
law is required to deal with a wide
range of unusual circumstances.
KXb`e^`kfek_\Z_`e
A lehhsylvahia womah has hled a suiL aqaihsL lizza HuL ahd a frahchise
owher for ih|uries susLaihed ih :oo afLer she burhed her chih biLihq ihLo
a |alapeho popper ~ half a small hoL pepper hlled wiLh cream cheese ahd
breaded, Lheh fried. 1he plaihLiff, Soraha Ceorqescu~Hassahih, is seekihq
leqal damaqes afLer hoL oil ahd cheese squirLed from Lhe deep-fried popper.
lh courL papers, Lhe plaihLiff says she 'observed LhaL Lhe poppers were
warm Lo Lhe Louch', buL alleqes LhaL lizza HuL heqlecLed Lo draih Lhe oil from
Lhem. 1he lawsuiL claims lizza HuL failed Lo 'adequaLely warh her of ahy
dahqers' LhaL miqhL be caused by Lhe appeLiser.
1he Lrauma, Lhe suiL says, resulLed 'ih a waqe loss ahd a loss of impairmehL
of her fuLure earhihq capaciLy' ahd iL 'LraumaLically ihduced[reacLivaLed
chrohic herpes simplex'. Her husbahd is suihq for loss of compahiohship.
1heir combihed claim seeks ho less Lhah $;< ooo.
lizza HuL has declihed Lo commehL, ciLihq iLs compahy pracLice was hoL Lo
commehL oh pehdihq liLiqaLioh. 1he frahchise owher's commehL was limiLed
Lo simply sLaLihq LhaL Lhe 'ihcidehL Look place before l owhed Lhe sLore'.
Scrce. 1he Morhihq Call (Allentcwn, Iennsvlvqniq),
pcsted 8 December .oo,.
)&
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P
OLICE DO not make the laws; they only
enforce them. They try to maintain
law and order by preventing unlawful acts
occurring, and are involved in investigating
crimes and arresting offenders. They have
rules that they must obey when they are
performing their duties, especially when
arresting someone.
What if you were arrested?
If a police ofcer says, I would like you to come down
to the police station to answer a few questions, do you
have to go with the ofcer?
The following series of cartoons shows the sequence
of events, and what may happen to you, if you are ever
arrested. They also broadly outline your rights and
obligations in relation to police investigations.
Oekh[kdZ[hWhh[ij
Le[\i8ljkiXc`XecXn#pfl_Xm\
kf^fkfk_\gfc`Z\jkXk`fefecp`]pfl_Xm\Y\\eXii\jk\[%
1. You can be arrested only if the police:
(a) have a warrant for your arrest
(b) have reasonable cause to suspect you of having
broken the law.
2. You must be told you are under arrest and what the
charge is.
3. You must be told that you do not have to say anything
and that anything you say may be given in evidence.
4. You may be handcuffed.
5. Capsicum spray may be used to subdue you if you
violently resist arrest.
6. At the police station you are required to give your
personal details for police records.
1. You do not have to submit to a search unless the police
have a search warrant. Then they can search you or
your premises at any time.
2. If police suspect the presence of drugs, a concealed
weapon or hidden evidence, a pat down search can be
conducted.
3. A search must be conducted by a police ofcer of the
same sex as the person being searched.
Af`ek_\gfc`Z\]fiZ\
worksheet 7
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REMEMBER
1 N_Xk`jk_\ifc\f]gfc`Z\`eflijfZ`\kp6
2 N_\edljkpfl^fn`k_Xgfc`Z\f]Z\ikfk_\gfc`Z\
jkXk`fe6
COMMUNICATE
3 8iiXe^\]fiXgfc`Z\f]Z\ikfjg\XbkfpfliZcXjj%
8jbk_\f]Z\ikf[\jZi`Y\_\ifi_`j[lk`\j#gfn\i
f]Xii\jkXe[k_\\m\ekjf]XeXm\iX^\[Xp%Gi\gXi\
jl`kXYc\hl\jk`fejkfXjb#`eZcl[`e^k_fj\k_Xk
d`^_k\ogcfi\[`]]\i\ekg\ijg\Zk`m\jfek_\cXn%
THINK
4 N_p[fpflk_`ebn\_Xm\cXnjk_XkZc\Xicpjg\Z`]p
k_\gfn\ijgfc`Z\_Xm\n_\e[\Xc`e^n`k_jljg\Zkj6
5 8[[\okiX\c\d\ekjkfk_\d`e[dXgjkXik\[Y\cfn
kfjlddXi`j\k_\j\i`\jf]\m\ekjk_XkdXpfZZli`]
Xg\ijfe`jXii\jk\[%8cjfi\Zfi[Xg\ijfeji`^_kj
Xe[fYc`^Xk`fej%Pfld`^_kc`b\kflj\@:Kjf]knXi\
jlZ_Xj@ejg`iXk`fe%
briey outline an individuals rights and obligations when under
arrest
describe the powers that police have and the role of police in
society
construct a mind map of rights and obligations with regard to
being arrested.
I CAN:

B
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Being
arrested rights and
obligations
Police must
have a warrant and
reasonable cause.
Arrested
Charged
Fingerprinted
Formal
interview
Phone call
Personal
search
1. You may be ofcially charged with the offence.
2. If charged, you will either be released on bail or held in
prison on remand before being brought before a court.
1. At the station, the
police should allow you
to make a telephone
call to a friend or legal
representative.
2. If you cannot
afford a legal
representative
(solicitor), you
may be entitled
to legal aid.
If this is the
case, a legal aid
representative
will be
appointed.
There are a
number of
solicitors who
provide this
service.
1. If you are under 17 years
of age, an adult (parent,
guardian or social
worker) must be
present before
the interview
can begin.
2. You will be asked a
series of questions.
3. The interview will be
recorded and may
be videotaped.
4. You do not
have to answer
any questions
if you do not
want to.
5. You will be given
a copy of the taped
interview.
1. Police cannot ngerprint you if you
are a child under the age of 10.
2. If you are between the ages of
10 and 17, your ngerprints
can only be taken if:
a court order is obtained
an indictable offence (that is,
a serious offence) is involved
a parent or guardian
is present.
3. Police can use
reasonable force
to take the
ngerprints.
)(
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@ej`[\XDX^`jkiXk\j:flik
K_\:flekp
:flikf]
M`Zkfi`X
Court hierarchy
If you break a minor rule during a lesson, your
teacher will decide your guilt and punishment.
For a more serious classroom offence, either your
level coordinator or the deputy principal will deal
with the matter. For very serious offences you will
be sent to the principal. The court system operates
under a similar hierarchy, which also relates to the
seriousness of the offence.
There are many courts at the bottom of the
hierarchy. The number decreases the further up you
go until you reach the High Court, of which there is
only one. A serious issue facing our society is the cost
of a trial, which becomes more expensive if the trial
is held in a court that is higher up the hierarchy.
9Wk]^jWdZYekhj
O
FTEN, THE parties in a dispute will settle the issues
themselves without going to court. However, many
disputes eventually require the legal system to help
resolve the issues. This is the role of the court system.
There are a variety of courts depending upon which state
you live in and the nature of the legal dispute.
The Coroners Court is a special Magistrates Court
that investigates deaths by unnatural causes and
suspected arson. The Childrens Court deals with
cases involving young people who committed
offences when under the age of 17. It was recently
given separate status from the Magistrates Court.
In a County Court, cases are heard by judges. The County
Court deals with more serious civil cases, and serious
criminal matters such as armed robbery, rape and burglary.
It also hears appeals from the Magistrates Court. In some
cases a jury will decide whether the accused is guilty or not.
If the accused is found guilty, the judge will decide on an
appropriate sentence.
In the Magistrates Court there is no jury. A magistrate hears
the cases, decides the verdict and sets any punishment.
Magistrates are qualied legal practitioners who have many
years experience in dealing with legal matters.
The Magistrates Court deals with minor civil disputes such as
people who sue other people for damage to property or for injury
claims of up to $100 000. This court also hears minor criminal
matters such as stealing, drink-driving, indecent language and
assault charges. Some indictable offences may also be heard in
the Magistrates Court. A magistrate presides over committal
hearings dealing with major criminal offences such as armed
robbery, manslaughter and homicide to decide if there is enough
evidence for the case to go to trial in a higher court. A magistrate
also hears bail applications. The Magistrates Court hears
approximately 80 per cent of all cases, both civil and criminal.
))
7kijhWb_Wib[]Wbioij[c
1he Hiqh CourL
REMEMBER
1 Name Lhe four differehL levels
of courLs.
2 Why do we have a humber of
courLs as parL of AusLralia's
leqal sysLem?
3 Which courL is Lhe hiqhesL ih
AusLralia?
THINK
4 Why do you Lhihk courLs are
hecessary ih our socieLy?
5 lh which courL are Lhe followihq
likely Lo be heard?
(a) A murder Lrial
(b) Ah appeal from Lhe
vicLoriah Supreme CourL
(c) A mihor Lrafhc offehce
(d) Ah ihvesLiqaLioh ihLo a
suspicious deaLh
(e) Ah armed robbery Lrial
(f) 1he prelimihary hearihq of
a rape case
(q) A civil dispuLe beLweeh
busihess parLhers ihvolvihq
$)oo millioh
(h) A case dealihq wiLh ah
aspecL of Lhe AusLraliah
CohsLiLuLioh
6 Explaih Lhe differehce beLweeh
a |udqe ahd a maqisLraLe.
TEAMWORK
7 CompleLe Lhis Lask ih small
qroups. lmaqihe you are a
maqisLraLe hearihq a case
aqaihsL a persoh accused of
assaulL. WhaL evidehce would
you require ih order Lo reach a
decisioh? 1o help you ahswer
Lhis quesLioh, collecL some
hewspaper arLicles dealihq wiLh
similar cases.
COMMUNICATE
8 Show oh ah ouLlihe map of
vicLoria Lhe locaLiohs of Lhe
sLaLe's MaqisLraLes CourLs. visiL
Lhe websiLe for Lhis book ahd
click oh Lhe MaqisLraLes CourLs
weblihk for Lhis chapLer (see
'Weblihks', paqe )8n).
list the different types of courts that
exist in Victoria
describe the roles and responsibilities
of different courts
think about the proceedings in a case
before a Magistrates Court.
I CAN:

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The Supreme Court is the highest court in a state. It deals
with the most serious civil cases involving large sums of
money. As well, the most serious criminal cases such as
murder are heard in this court. The Supreme Court also deals
with appeals from the two lower courts.
Located in Canberra, the High Court of Australia deals with
appeals from the state or territory Supreme Courts. It also
hears cases concerning the interpretation of the Australian
Constitution. Because it is the highest court in Australia, its
decisions are nal. The High Court is a federal court, which
means that any decision it makes applies to the
whole country.
1he Supreme CourL
of vicLoria
)*
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>emZeoekfb[WZ5
A
FTER BEING arrested, you may end up in court if the police feel they have a strong
case against you. If you plead not guilty, a hearing or trial will be conducted. It will
take place in a courtroom. In Australia, the method of trial used is called the adversarial
system. This means two opposing sides present their arguments to an independent
umpire a judge or a magistrate.
Courts can be very tense places.
The decisions made in them can
have an enormous impact on
peoples lives. Courts and the
ofcials who work in them deal
with real-life dramas. Although
each courtroom ofcial has a
specic role to play, they are all
attempting to achieve the same
objective: justice. The main
roles include magistrate, judge,
juror, prosecutor and
counsel for the defence.
Magistrate as
umpire
A magistrate is in charge
of the lowest court, where
the atmosphere is much
more informal. He or she
does not wear a wig or a
robe, and is a qualied
legal practitioner. People
address a magistrate as
Your Worship.
After hearing the cases
presented by both sides,
the magistrate decides
whether a person is guilty
or innocent. If people
are found guilty, the
magistrate decides the
punishment or (in civil
cases) how much
money to award as
damages. A magistrate
will refer serious
criminal offences to
the County Court.
Al[^\Xjldg`i\n_fjn_f`e
Xal[^\jZflikZi`d`eXcki`Xc
In criminal cases, the prosecutor has to
convince the jury that a person is guilty. This
is done by asking questions of witnesses to
draw out relevant information. In civil cases,
a barrister will act on behalf of the plaintiff.
Their role is to present reasons why their
client should receive compensation.
Anyone whose name is on the
electoral roll can be called as a
juror. In a criminal case, the jury
consists of 12 people. In a civil
matter, only six people decide
how much money should be paid
for damages. In a criminal trial,
the jury must decide beyond
reasonable doubt whether a
person is guilty. All the jurors
have to agree.
The judges associate is a
trained lawyer who manages
much of the paperwork.
Lawyer chaL
worksheet 8
)+
7kijhWb_Wib[]Wbioij[c
REMEMBER
1 LisL Lhe maih courLroom
ofhcials.
2 How mahy |urors are Lhere for
(a) a civil case ahd (b) a crimihal
case?
3 Wheh cah a |udqe quesLioh a
wiLhess?
4 WhaL is Lhe |ury's respohsibiliLy
ih a crimihal Lrial?
THINK
5 lihish Lhe followihq sehLehce:
1he adversarial sysLem is a
biL like a qame of Luq-of-war
because . . .
6 Explaih Lhe differehce ih roles
beLweeh Lhe followihq pairs:
(a) maqisLraLe ahd |udqe
(b) defehdahL ahd plaihLiff
(c) prosecuLioh ahd couhsel for
Lhe defehce.
INQUIRE
7 lh small qroups, ihvesLiqaLe
a recehL crimihal courL case
LhaL ihLeresLs you. sihq Lhe
illusLraLioh ahd labels oh Lhis
paqe as prompLs for your
research, hhd ouL as much as
you cah abouL Lhis case,
ahd iLs poLehLial impacL
(e.q. social, ecohomic,
ehvirohmehLal) oh Lhe
commuhiLy. ou may
heed Lo visiL a library
or use Lhe lhLerheL
Lo locaLe perLihehL
media reporLs.
(a) keporL your
hhdihqs Lo Lhe
class. SLaLe whaL
Lhe qroup's view
is abouL Lhis
parLicular case.
(b) SuqqesL how you,
as a qroup, miqhL
have LreaLed Lhe case
if you had beeh Lhe
various ofhcials (e.q.
|udqe, prosecuLor)
qivihq reasohs for
your viewpoihL.
identify the main ofcials in an
Australian courtroom
explain the different roles of court
ofcials
investigate and report personal
viewpoints on a recent court trial.
I CAN:

B
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Members of the public,
who listen to and observe
the court proceedings
Members of the media, who
observe proceedings so they
can report what happens
Witness box, from which
people give evidence
A prison ofcer from
the prison where the
accused has been held
The tipstaff
helps the judge
keep order in
the court.
In criminal cases, the counsel for the defence represents the accused.
If the accused pleads guilty, the counsel for the defence presents
arguments to try to lessen the punishment. If the client pleads not
guilty, defence counsel must convince the judge or jury that the
client is innocent. In a civil case, the counsel for the defence
attempts to convince a judge (and occasionally a jury) that
no wrong has been committed. If successful, the
client does not have to pay damages.
The judge is addressed as Your Honour. He or she listens to arguments
presented by the prosecutor and the counsel for the defence, and is
not allowed to ask a witness questions (except to clarify a point). When
there is a jury, the judge has to make sure jury members understand the
proceedings and evidence presented. If a jury announces a guilty verdict,
the judge decides the sentence or punishment.
The accused
),
>kcWd_j_[i7b_l[;Yedec_YiWdZ9_j_p[di^_f
@kl[d_b[Yh_c[
U
NFORTUNATELY MANY young people break the law. Juveniles people under the
age of 18 commit 41 per cent of the shopstealing offences, 36 per cent of motor
vehicle thefts and 25 per cent of burglaries. However, young people do not commit
many violent crimes they represent only four per cent of the people committing
homicide. As these statistics reveal, it is usually the crime of shopstealing that results in
a young persons encounter with the legal system.
Shopstealing how
serious is it?
Shopstealing, or shoplifting as it
is sometimes called, is a form of
theft. It is one of the most common
crimes committed in Victoria. It
is so common that many young
people believe it is not a serious
crime because it may involve
only fairly inexpensive items.
You may hear people jokingly say
that something was a ve-nger
discount at walk-away prices.
However, shopstealing is a
serious crime. If caught, a young
offender might be given an ofcial
police caution. The young person
must not re-offend during the next
ve years. If they do, the old and
new issue will be taken to court.
Otherwise, their record will be
wiped clean.
Why do young people
shopsteal?
While there is no single cause why
young people shopsteal, police
believe the main reasons include:
peer group pressure
being dared by others
wanting to look cool in front of
friends
thrill-seeking.
Some people cannot afford to
buy so they steal. Unfortunately
for some, what might start out as a
one-off event becomes a habit.
If an adult is caught
shopstealing, the store will call

the police. The offender will be

arrested, ngerprinted and then
charged under the Crimes Act with
stealing from a retail store. So
taking goods from a store is theft
if it is done on purpose. It is also
considered to be shopstealing to
change price stickers on goods and
then attempt to buy goods for the
cheaper price.
If a person has been charged
previously, she or he may be given
a jail sentence. Young people
who are caught shopstealing
may be spoken to rmly by the
store owner, given an on-the-spot
warning by the police, issued with
an infringement notice of $100 or
charged.
It is estimated that Australian
stores will lose billions of dollars
each year through shopstealing.
This serious and costly problem
should concern us all, not just
the store owners. To cover the
costs of shopstealing, the retailer
must raise the prices of goods.
By passing on the costs to
consumers, we all end up paying
for shopstealing.
K_\i\`jXgi`Z\
kfgXp]fi
Yi\Xb`e^k_\
cXn%
REMEMBER
1 WhaL is Lhe mosL commoh crime
commiLLed by |uvehiles?
2 Why do youhq people shopsLeal?
UNDERSTAND
3 Why do you Lhihk reLailers chahqed
Lhe hame from shoplifLihq Lo
shopsLealihq?
4 AfLer Lhe devasLaLioh of Hurricahe
KaLriha ih New Orleahs, mahy
people resorLed Lo sLealihq.
Explaih wheLher sLealihq
could be |usLihed uhder Lhese
circumsLahces.
COMMUNICATE
5 kead Lhe followihq cases:
Case A. Mrs Agostini walked
up to the corner store to buy a
loaf of bread. Entering the store,
she sees that the owner, a good
friend, is busy. Instead of waiting
to pay, she takes the bread. She
means to pay for it when she is
next in the shop.
Case B. Justine took her
ve-year-old brother Troy
shopping with her. While in the
supermarket, Troy opened a
packet of lollies and ate them.
Justine pretended not to notice
and left the store without
paying for them.
Case C. Andrew and Dahl
had carefully planned how
they could shopsteal the
CDs without being caught.
While Dahl talked to the sales
assistant, Andrew picked up
the CDs and put them inside
his jacket. He walked out rst,
with Dahl leaving a couple of
minutes after him.
lh qroups of four or hve:
(a) Decide wheLher Lhere has beeh
a LhefL ih each case.
(b) Should each persoh be
puhished Lhe same way?
Why?
(c) SelecL a member from each
qroup Lo reporL back Lo Lhe
resL of Lhe class.
(d) CohducL a class discussioh
oh Lhe resulLs of each qroup's
decisioh.
INVESTIGATE
Interpret a table (p. 5)
6 WhaL was (a) Lhe mosL commoh
offehce commiLLed ih vicLoria
ih :ooq~:oo< ahd (b) Lhe leasL
commoh offehce commiLLed ih
:oo<~:oo?
7 Which crime had (a) Lhe hiqhesL
ahd (b) Lhe lowesL percehLaqe
chahqe beLweeh Lhe Lwo years?
8 lrovide possible reasohs for Lhe
decrease ih Lhe humber of
(a) shopsLealihq offehces
(b) druq offehces
(c) assaulL.
identify the main reasons why young
people shopsteal
appreciate the difculties in
determining punishment
analyse a table to interpret crime
statistics.
I CAN:

B
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)-
7kijhWb_Wib[]Wbioij[c
Shopstealing may get you charged by police, resulting in a court appearance.
8cc\^\[f]]\e[\ijgifZ\jj\[`eM`Zkfi`X#)''+)''-
Alm\e`c\j
gifj\Zlk\[ KfkXc IfYY\ip 8jjXlck ?fd`Z`[\ IXg\
K_\]kf]
dfkfi
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K_\]k
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:ooq~:oo< :8 :8o <n) <)8 )8 n; : o;: ;8n q :o;
:oo<~:oo :n )<: qo qn: ) 8; : ): n; ;)
% ihcrease + .) +8. o.; )).) )o. +:.) )).; )).;
(Source: Victoria Police 2005/2006 Provisional Crime Statistics. Adapted www.police.vic.gov.au.
Produced by the Statistical Services Division, Victoria Police)
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C
OURT CASES can be time-consuming and expensive. Due to the adversarial system,
cases often result in one party winning and the other party losing. For this
reason, many argue that court cases may not be the most appropriate way to settle
some types of disputes. So, over the past 20 years alternative methods have been set
up to help resolve disputes.
Mediation
Mediation occurs when a third
party helps those involved in
a dispute to reach a solution
acceptable to both sides. Mediators
do not act for any of the parties,
nor do they advise or decide who
is right or wrong. Their main
role is to encourage the parties to
examine all the issues. Discussions
are condential and held in a non-
threatening environment.
The Family Court, which deals
with marriage disputes, often uses
mediation. It tries to get both
parties to examine all the issues
involved and to work towards
their own agreement. The main
advantage of mediation is that
both parties feel that they have
achieved something by themselves.
It provides a winwin solution
whereby no-one is seen to lose.
8d\[`Xk`fej\jj`fe
Arbitration
Arbitration is similar to mediation
in that a third person assists the
parties in dispute to reach their
own solution. However, if the
parties cannot reach agreement,
the arbitrator decides for them.
The arbitrators decision is binding,
which means that both parties must
accept the decision. The Magistrates
Court uses arbitration in civil claims
of less than $10 000.
The main advantage of
arbitration is that both parties
have usually agreed to arbitration.
They therefore feel they have more
control over the process than they
would in a court hearing.
8eXiY`kiXk\[[\Z`j`fe
Victorian Civil and
Administrative Tribunal
This government tribunal initially
uses mediation to settle a dispute.
However, if this is not successful,
arbitration is used. The tribunal
hears disputes on a wide range
of issues, including matters to do
with credit, residential and retail
tenancies, domestic building work,
and guardianship.
During a hearing, both parties
present their arguments under
oath. Witnesses and written
documents can be used to support
a persons claim. Each party may
ask questions of any witness.
In these respects the tribunal is
similar to a court, except that the
proceedings are more informal.
9l`c[`e^[`jglk\jXi\f]k\ei\jfcm\[
XkXki`YleXc_\Xi`e^%
Equal Opportunity
Commission of Victoria
People who believe they have been
discriminated against in any way
whether on the basis of
ethnicity, religion, sex, appearance,
disability or other grounds can
present their case to the Equal
Opportunity Commission (EOC),
which will then arbitrate their case.
If the discrimination is proven,
the commission can award a person
compensation and demand that
such discrimination stop.
8eXZkf][`jZi`d`eXk`fe
)/
7kijhWb_Wib[]Wbioij[c
THINK
1 @]pfln\i\`e[`jglk\n`k_X
ZcXjjdXk\XYflkj`kk`e^`eX
jg\Z`Zj\Xk#nflc[pflgi\]\i
pflik\XZ_\ikfd\[`Xk\fi
XiY`kiXk\6N_p6
COMMUNICATE
Analyse a case study
2 I\X[k_\]fccfn`e^ZXj\jkl[p
ZXi\]lccp#k_\eXejn\ik_\
hl\jk`fejk_Xk]fccfn%
All are not equal
Jamaya Prosser applied for the
part-time sales assistant job
at a local business. She had
the appropriate qualications.
However, the business owner
told her he wanted a male worker
because the job required lifting
heavy boxes. The owner said he
was concerned a female worker
could seriously injure herself.
Jamaya felt this was a case of
discrimination.
X C`jkk_\b\p`jjl\j%
YN_Xk`jd\XekYpk_\k\id
[`jZi`d`eXk`fe6N_p[`[
AXdXpX]\\cj_\nXjY\`e^
[`jZi`d`eXk\[X^X`ejk6
Z N_`Z_[`jglk\i\jfclk`fe
gifZ\[li\nflc[Y\k_\
hl`Zb\jkXe[Z_\Xg\jk]fi
AXdXpXkflj\6
[ Jl^^\jki\Xjfejn_pk_\
^fm\ied\ek_Xj`ekif[lZ\[
\hlXcfggfikle`kpcXnj%
DESIGN AND CREATIVITY
3 ;\j`^ek_\Zfm\if]XYifZ_li\
]fipfle^g\fgc\`ek_\jkpc\
f]k_\FdYl[jdXeYifZ_li\
X[m\ik`j`e^k_\ifc\f]k_\
<F:f]M`Zkfi`X%PfldXpn`j_
kflj\Xjf]knXi\gXZbX^\
k\dgcXk\%9\]fi\pfljkXik#
[\m\cfgX[\j`^eYi`\]k_Xk
Zc\XicpjkXk\jn_Xk`e]fidXk`fe#
jkpc\Xe[cffb`ji\hl`i\[kf
Y\jkjl`kk_\kXi^\kXl[`\eZ\
Xe[k_\<F:`kj\c]%
identify alternative dispute resolution
methods
understand why alternatives to court
action have been developed
design a brochure cover advertising
the EOC of Victoria.
I CAN:

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Dispute Settlement
Centre of Victoria
This state-funded centre has
been set up to mediate disputes
between neighbours. For example,
noisy pets, overhanging trees and
even disgusting behaviour can be
mediated. The aim is to allow both
parties to voice their complaints
and reach an agreement. Resolving
the dispute quickly may help
reduce tension and hostility.
The centre is a free service and
is available throughout the state.
However, mediation can occur
only if all parties agree to attend.
The Ombudsman Victoria
The Ombudsman Victoria
investigates complaints
about Victorian Government
departments and authorities,
including the police and local
councils. The Ombudsman
provides a free, independent and
impartial service. Any member
of the public can complain. If
the complaint is justied, the
Ombudsman will recommend
changes to x the problem. The
Ombudsman always informs the
complainant about the outcome.
Analyse a case study
K_\FdYl[jdXe_Xjgif[lZ\[#`ek\e
cXe^lX^\j#Xjg\Z`XcYifZ_li\]fipfle^
g\fgc\k_Xk\ogcX`ejk_\ifc\f]k_\
f]Z\%
Identify
and dene
important
terms. Use a
dictionary to
nd out what
they mean if
you need to.
Think about
how the case
study is a
practical
example of a
legal issue.
Read the case
study twice:
once to get a
general idea
of the content,
and the second
time to identify
the key issues.
For example:
What was
the problem?
Who were
the people
involved?
What action
was taken
to deal with
the problem?
Was the
action taken
successful?
E<@>?9FLI=IFD?<CC
<c[\icpi\j`[\ekj_Xm\Y\\e]fiZ\[kf
j\cck_\`i_fd\jkf\jZXg\k_\ZfejkXek
ef`j\Xe[]ld\jZfd`e^]ifdX
e\`^_YflijYXZbpXi[gXe\cY\Xk`e^
Ylj`e\jj%Knf=iXebjkfei\j`[\ekjjfl^_k
`ek\im\ek`fefi[\ijX^X`ejke\`^_Yfli
Af_eDffi\kfkipkfjkfg_`dnfib`e^
feZXijXkXcc_flij%?\lj\[gXe\c
Y\Xk`e^\hl`gd\ekXe[Xe^c\^i`e[\ij
Y\]fi\.XdXe[X]k\i((gd%
Fek_\X[m`Z\f]XcfZXcZfleZ`c
i\gi\j\ekXk`m\#Af_eDffi\Xe[k_i\\
f]_`je\`^_Yflijj\kkc\[k_\gifYc\d
k_ifl^_k_\;`jglk\J\kkc\d\ek:\eki\%
8ccgXik`\jn\i\XYc\kf[`jZljjk_\`i
^i`\mXeZ\jXe[i\XZ_XeX^i\\d\ek%
U Article 1: All human beings are born
free and equal in dignity and rights.
They are endowed with [they possess]
reason and conscience and should
act towards one another in a spirit of
brotherhood.
U Article 3: Everyone has the right to
life, liberty and security of person.
U Article 9: No-one shall be subjected
to arbitrary [random, without good
reason] arrest, detention or exile.
U Article 12: No-one shall be
subjected to arbitrary interference
with his privacy, family, home or
correspondence, nor to attacks upon
his honour or reputation. Everyone has
the right to the protection of the law
against such interference or attacks.
*&
>kcWd_j_[i7b_l[;Yedec_YiWdZ9_j_p[di^_f
Universal Declaration of
Human Rights
On 10 December 1948, the General
Assembly of the United Nations (UN)
adopted the Universal Declaration
of Human Rights. The document
sets out personal freedoms and civil,
social, political and economic rights of
all people on Earth, as agreed by the
members of the Assembly.
Assembly members were asked to
ensure the content of the Declaration
was distributed and displayed widely,
particularly within the schools and
educational institutions of their
country.
Some key articles of this Declaration
are listed and/or illustrated on these
two pages.
Oekhh_]^jiWdZj^[bWm
G
ENERALLY SPEAKING, we live in a safe community in Australia. The democratic
values that support our political system ensure that we also enjoy a wide range of
human rights and freedoms. Our political rights and laws help to ensure this situation
continues. Most citizens obey the laws set down by Parliament and the courts but
not all do. Sometimes our rights as law-abiding citizens are infringed by others who
choose to break the law.
Articles 19 and 20 of the Declaration assert
peoples rights to express their opinions freely
without interference, and the right to assemble
[group together] peacefully.
*'
7kijhWb_Wib[]Wbioij[c
Right to vote in
an election or a
referendum
Right to express
a political opinion
in public or in
writing
Right to stand
for election to
Parliament or a
local council
Right to join
and participate
in a union
Right to strike
or to boycott a
product or service
Right to take
part in a
demonstration
or public
meeting
Right to become
a member of a
political party
Right to approach
the media to make
a grievance known
Right to make
representations
to politicians
and government
bodies
Right to
become part
of a pressure
group or a
lobby group
You
Jfd\f]k_\gfc`k`ZXci`^_kjXe[]i\\[fdjpfl\eafpXjX
Z`k`q\ef]8ljkiXc`X
Article 18 preserves the right of everyone to
freedom of thought, conscience and religion,
and to demonstrate his or her beliefs in
public.
Article 21 (1) declares the rights of everyone
to participate in the government of his or her
country, either directly or through an elected
representative.
*(
>kcWd_j_[i7b_l[;Yedec_YiWdZ9_j_p[di^_f
The rights of law-breakers
In 2005, a convicted rapist was
sentenced in Victoria to serve a
jail term of ten years. Following
his sentencing, his mug shot
(photograph usually taken for
police les) was published in a
suburban newspaper.
The Victorian Privacy
Commissioner appealed on his
behalf to the Victorian Civil and
Administrative Tribunal (VCAT)
for what his client saw as an
invasion of his right to privacy,
and his exposure to humiliation.
The VCAT ruled in the convicted
rapists favour: the police were
instructed that, in future, they
must advise convicted law-breakers
if they intend to publish their
mug shot, and invite them to
appeal to the VCAT if they want
this action stopped. The ruling
Breaking the law
infringing human rights
Many crimes that occur in our
society directly infringe the
human rights of individuals, as
outlined in the UN Declaration of
Human Rights. Indirectly, these
crimes also threaten the fabric of
our democratic society and the
rights of the wider community.
For example, the burglary of one
house in a street directly affects
the people who live there; it can
also create fear and suspicion
in the whole street and wider
community, thus impinging on
the rights of others in the street to
feel safe and to enjoy security of
person.
The illustration opposite shows
a wide range of laws being broken
in a community. Study it carefully.
As you do, think not only about
how the rights of individuals in
this illustration are being ignored,
but also about how the rights of
the whole community are being
threatened by these activities.
prompted widespread debate in the
community.
This case raises a number of
questions: Should people convicted
of crimes, especially serious
crimes, have the same rights as
law-abiding citizens? Do they
forfeit these when they deliberately
choose to break the law? Or are
some individual rights, such as
those dened in the Universal
Declaration of Human Rights, so
fundamental that they apply no
matter what the individual might
do? Is such a principle a basic
foundation of our civil liberties
and of our system of justice in
Australia? At what point is the
balance tipped where the rights
of a community (or those people
directly or potentially affected by,
say, the actions of a law-breaker)
weigh more heavily than the rights
of an individual, or vice-versa?
*)
7kijhWb_Wib[]Wbioij[c
THINK
1 @[\ek`]pXjdXepZi`d\jXjpflZXe`ek_\`ccljkiXk`fe
fegX^\+)#\ogcX`e`e^n_p\XZ__XjXe`dgXZkfe
efkfecpk_\i`^_kjf]k_\`e[`m`[lXc#YlkXcjfk_fj\f]
k_\Zfddle`kpXkcXi^\%
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Zfdd`kk\[`e8ljkiXc`Xi\Z\ekcp#g\i_Xgj\m\e`epfli
cfZXcXi\X%
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`e]i`e^\[fek_\i`^_kjf]fk_\ij`ek_\
Zfddle`kp6
Z@en_XknXp#`]XkXcc#d`^_kk_\j\Zi`d\j
gfk\ek`Xccp`e]i`e^\fepflii`^_kj6<ogcX`e%
COMMUNICATE
3 :fej`[\ik_\`jjl\ji\cXk`e^kfk_\glYc`ZXk`fef]
Zfem`Zk\[Zi`d`eXcjdl^j_fkj%
XN_Xk[fpflk_`ebXYflkk_`j`jjl\6J_Xi\pfli
m`\njn`k_fk_\ij`eXjdXcc^iflg%C`jk\eZXi\]lccp
kffk_\ijm`\nj#\m\e`]k_\pXi\[`]]\i\ek]ifd
pflifne%8jgfb\jg\ijfen`ccgi\j\ekk_\^iflgj
e[`e^jkfk_\ZcXjj%
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i\\Zk`e^fek_`j[`jZljj`feXe[_fn`kX]]\Zk\[
pfliXggi\Z`Xk`fef]k_\`jjl\j%:fej`[\ikfn_Xk
\ok\ekpflim`\njXYflkjlZ_`jjl\jd`^_k_Xm\
Z_Xe^\[fm\ik`d\#fi\m\eXjXi\jlckf]k_`j
[`jZljj`fe%
4 I\X[k_\Xik`Zc\XYfm\Xe[k_\eni`k\XgXiX^iXg_kf
i\jgfe[kf\XZ_f]k_\]fccfn`e^hl\jk`fej%

XJlddXi`j\k_\[\kX`cjf]k_`j`eZ`[\ek%
YN_Xk_Xj\XZ_g\ijfeY\\eZ_Xi^\[n`k_6
ZN_Xki`^_kj_Xm\Y\\e`e]i`e^\[Yp\XZ_
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[N_Xk[fpflk_`ebD`Z_X\cF:fee\ccd\Xekn_\e
_\jX`[k_Xk`knXjlen`j\]fim`Zk`djkfkXb\k_\cXn
`ekfk_\`ifne_Xe[j6N_Xkc\^Xc`jjl\jXi\iX`j\[6
5 <ok\e[\[jlg\im`j`fefi[\ijZXejfd\k`d\jY\
`dgfj\[kf]lik_\igifk\Zkk_\Zfddle`kp]ifd
[Xe^\ifljf]]\e[\ijfeZ\k_\`igi`jfek\id_Xj
\e[\[%;fpflk_`eb`k`j]X`ikf`dgfj\jlZ_jki`Zk
jlg\im`j`fen_\ek_\f]]\e[\i_XjXci\X[pZfdgc\k\[
k_\`iaX`ck\id6>`m\i\Xjfej]fipfliXejn\i%
6 M`j`kk_\n\Yj`k\]fik_`jYffbXe[Zc`Zbfek_\?ldXe
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(/0%8]k\ii\X[`e^k_\Le`m\ijXc;\ZcXiXk`fef]
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Xeppflnflc[Y\gi\gXi\[kf^fn`k_flk`efi[\i
kfY\kk\igifk\Zkk_\i`^_kjf]pflin`[\iZfddle`kp%
Aljk`]ppfli[\Z`j`fej%
DESIGN AND CREATIVITY
7 Lj\k_\Zfgpf]k_\Le`m\ijXc;\ZcXiXk`fef]?ldXe
I`^_kjpfl[fnecfX[\[]fiXZk`m`kp-kfgi\gXi\Xe
`ccljkiXk`m\ZfccX^\[`jgcXp`e^k_\dXep_ldXei`^_kj
k_Xk8ljkiXc`Xej\eafp%Jl`kXYc\`ccljkiXk`fejj_flc[
_Xm\k_\i\jg\Zk`m\Xik`Zc\e\Xkcpni`kk\ele[\ie\Xk_%
;`jgcXpZfdgc\k\[gfjk\ijXifle[k_\ZcXjjiffd%
think about how law-breaking has consequences for both
individuals and the community
create an illustrative collage to demonstrate ways in which
Australians exercise their human rights
analyse an article to think critically about challenging issues to
do with the law and human rights.
I CAN:

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A man who chased and caught a
suspected thief he found breaking into
his home has been charged with assault.
The man, 50, had returned home to
Manningham at about 12.30 pm when
he saw an intruder breaking in through
the front door.
Police said the Hampstead Road
resident apparently stopped his car on
the foothpath, ran up to the house and
chased the intruder down the street.
The resident caught up with the
intruder and the two men allegedly fought
on the footpath before the suspected thief
was overpowered and taken back to the
house, where the resident called police.
The intruder, 26, from Gillman, was
taken to the Royal Adelaide Hospital
with minor head cuts and was in a stable
condition last night.
He was under police guard after being
charged with non-aggravated serious
criminal trespass. Police took the resident
to Holden Hill police station, where he
was interviewed and then charged with
assault occasioning actual bodily harm
and carrying an offensive weapon.
Police seized an ornamental axe,
which had been dropped on the front
lawn, and the remains of a bicycle helmet
from the footpath.
Detectives remained at the house for
several hours collecting evidence.
Senior Sergeant Danny Fitzgerald
said police were still to piece together
exactly what had happened.
Michael OConnell, Victims of
Crime co-ordinator, said it was unwise
for victims to take the law into their
hands.
The line between victim and victim-
iser can be thin. Alas, if the victim
crosses that line, they must be prepared
to face the consequences, he said.
Laws passed by the State Parliament
in 2003 granted home owners greater
rights to defend themselves when in
immediate danger.
But because the resident was not
home at the time of the break-in, the
laws were not expected to apply.
The resident was granted bail to
appear in the Holden Hill Magistrates
Court on March 29.
Charged for home arrest
by Cara Jenkin
Source: C. Jenkin, Charged for home arrest, The Advertiser, 9 February 2006.
**
>kcWd_j_[i7b_l[;Yedec_YiWdZ9_j_p[di^_f
9^[YaWdZY^Wbb[d][
7kijhWb_Wib[]Wbioij[c
'$ Give two examples of laws that:
(a) protect society from harm
(b) ensure freedoms are safeguarded. (pp. 223)
($ Explain the different roles of the police and the
courts. (pp. 303)
)$ Why dont police, rather than the courts,
determine a persons guilt or innocence?
*$ Name a lm, book or real-life situation where a
legal system broke down and rules were no longer
followed. Explain why rules are important to
ensure social cohesion.
+$ In some societies, laws were not written down
but were passed on by word of mouth. Explain
whether or not this system would work in todays
society. (pp. 245)
,$ If a person is found not guilty, it doesnt
necessarily mean that they are innocent. Explain
what this statement means. (Hint: Think about
the standard of proof required in a criminal case.)
-$Why might there be a need in Australia to
change some laws? Can you think of any recent
changes, and why they might have occurred?
.$ What is the difference between:
(a) criminal law and civil law?
(b) indictable offences and summary offences?
(pp. 289)
/$ If a person is aged between 10 and 17, what
conditions apply before the police can take that
persons ngerprints? (p. 31)
'&$ Create a simple illustrated childrens book to
explain the differences between the different
courts in Australia. (pp. 323)
''$ Write a brief report of a court case using the
following words (pp. 345)
'($ List two advantages and two disadvantages of the
adversarial system. (pp. 389)
')$ How does the role of the Ombudsman in
Victoria differ from that of the Victorian Civil
and Administrative Tribunal? (pp. 389)
'*$ Citizens can seek redress if there is a legitimate
concern regarding a Government department.
What does this say about our legal system?
murder
judge
g
u
ilt
y
counsel for the defence
prosecution ju
ry
appeal
murder
judge
g
u
ilt
y
counsel for the defence
prosecution ju
ry
appeal
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il^Yple`fek\XdkfZflikY\ZXlj\`klj\[k_\eXd\DZ9iXk
fe`kjjgfikj_fikj%DZ;feXc[jZcX`d\[k_Xkk_\DZ;feXc[j
YiXe[e\\[\[kfY\gifk\Zk\[%
*+
7kijhWb_Wib[]Wbioij[c
'+$People can be excused from jury duty if they are
too ill or cannot travel, or if they work in the
legal system. Who else, do you think, should be
excused? Justify your view.
',$ Imagine you and three of your friends have been
shipwrecked on a deserted island. You have very
few provisions, although the island has lots of
edible vegetation and water.
(a) Write out a list of ve rules your group agrees
to follow until rescued.
(b) How will you ensure everyone obeys them?
(c) How will you decide that someone is
responsible for breaking a rule?
(d) What will be the consequences if somebody is
found to have broken the rules?
(e) Who will enforce the rules?
(f) Under what circumstances may it be
acceptable to break a rule?
'-$In pairs, investigate a current legal issue of
global or local signicance that has recently been
featured on television and in newspapers. Prepare
a PowerPoint presentation that explains the issue,
the courts and the laws associated with it, and
any likely impacts on the people involved and the
community.
'.$Develop, through class discussion, a list of laws
in Australia today that the class agrees need to be
changed, even if only marginally. Consider the
issues involved (e.g. how the changes will affect
social values and behaviour) and whether the
processes available in Australia will help to ensure
such change is democratic.
'/$ Read the article opposite and answer the
questions that follow.
(a) Why was the band being sued at the time of
the article?
(b) What tragic event occurred to prompt this
legal action?
(c) If an individual attends a public event such
as the Big Day Out, what rights should he
or she expect will be protected? Who should
be responsible for ensuring those rights are
protected: event organisers, performers,
attendees or all of these people?
Give a reason for your answer.
(&$ Describe a situation in your own life in which
you, or someone close to you, were treated
unjustly. Dene the word justice in your own
words and explain how our legal system attempts
to treat people justly.
o
n

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CD
-R
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Limp Bizkit
under re
A Big Day Out concert in Sydney in January 2001
ended tragically with the death of Australian
teenager Jessica Michalik. The sixteen-year-old
suffered a heart attack in a mosh pit crush during a
performance by the rock band Limp Bizkit.
The band incurred substantial legal fees in
defending the claims of wrongful death led by
Jessicas parents.
However, when the band tried to recover these
fees, its insurer, United National, responded by
suing the band instead. The insurer claimed that
Fred Durst, the bands lead singer, had encouraged
the crowd to push towards the stage. Furthermore,
it claimed, the concert was not covered by the
provisions of the policy the insurer had issued for
the band.
A court hearing in Australia, and a coroners
inquest, found the band and related parties were not
to blame for this tragedy.
IkccWhoe\a[oj[hci
*,
>kcWd_j_[i7b_l[;Yedec_YiWdZ9_j_p[di^_f
accused: a person who is suspected of
having committed a crime
adjudicator: a person who decides
which version of a case is true
adversarial system: legal system in
which two opposing parties present
their arguments to a magistrate or judge
anarchy: disorder or confusion due to
the absence of government or laws
appeal: an application for a legal decision
to be reviewed in a higher court
arrest: to detain a person suspected of
having committed a crime
bail: a sum of money paid as an
exchange for the release of a person
who has been arrested; it is paid as a
guarantee that the person will appear
for a trial
barrister: a qualied legal practitioner
who represents people in court
belittle: to put someone down; to make
someone feel small
beyond reasonable doubt: the standard
of proof required in a criminal trial
charges: the formal offences that
a person is suspected of having
committed
citizen: someone who lives in a
community, and hence has certain
rights, privileges and obligations
civil law: the laws that deal with
disputes relating to peoples rights
civil liberties: fundamental human
rights, such as freedom of speech
committal hearing: a hearing in a
Magistrates Court to decide whether
there is enough evidence to put a person
on trial for an indictable (serious)
offence
common law: system of law based on
the previous decisions of judges, or
precedents
compensation: a nancial payment for
injury or damage suffered
counsel for the defence: the legal
representative acting on behalf of the
defendant
court: a place where people can resolve
disputes relating to law
crime: an unlawful action for which
a penalty will be imposed upon the
person who has committed it
defendant: the party in a criminal or civil
trial against whom an action has been
brought
democracy: form of government in which
the people determine how they will be
ruled (i.e. it is a democratic system)
discriminate: to treat somebody
differently or less favourably because of
her or his personal characteristics, such
as sex, nationality and religion
evidence: information presented that
helps a court to reach a decision in a
case
feudal system: a social and political
system based on land ownership, taxes,
loyalty and military service
ne: a sum of money paid as punishment
hierarchy: any system of things in a
graded order
homicide: the killing of one person by
another
impartial: not biased in favour of a
particular person, group or side
judge: a court ofcial who has the power
to make decisions on matters brought
before a court of law
jury: a group of people (either six or 12)
selected to hear the evidence in a court
case. They are also called jurors.
laws: a set of legal rules
legal aid: free legal advice or
representation
legal representative: a qualied legal
practitioner who deals with general legal
matters
magistrate: a court ofcial who hears
cases in the lowest court of law
manslaughter: the unintentional killing
of one person by another (e.g. a death
caused by dangerous driving)
murder: the intentional killing of one
person by another
Ombudsman: an organisation that
investigates complaints about
government departments and authorities
oral law: a set of rules used to guide
peoples behaviour and decisions which
are not written, but rather passed from
person to person by word of mouth
plaintiff: the party that commences a
civil action
police caution: a form of punishment
in which the police give a warning to a
person who has committed an offence
precedent: a previous legal decision that
serves as a rule or pattern in future
similar cases
preside: to act as the person in control
(e.g. as chair of a meeting)
prosecute: to take legal action against
another person
prosecutor: the party bringing a criminal
action against the accused, usually the
state
remand: to hold a person in custody until
their trial is completed
sentence: the punishment imposed on a
guilty party by a magistrate or judge
social cohesion: orderliness in society
trial: a process to determine whether
someone committed a criminal act or
caused another person a loss
trial by ordeal: a method (no longer
used) of determining guilt by
subjecting a person to a severe test such
as holding a piece of red-hot iron
tribunal: a government body with powers
to settle disputes
verdict: the decision of a jury in a case,
based on the facts presented to the court
vigilante: a private citizen who takes on
the role of guardian of society, e.g. by
maintaining law, punishing offenders
warrant: an order from a judge
authorising police to do something (e.g.
arrest someone)