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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 can’t cross now,’ said Jamahl. ‘The “Don’t Walk” sign is showing.’

‘It’s okay, just hurry,’ yelled Ben. ‘There are no cars coming.’

When they reached the other side of the busy intersection, a police officer approached them. ‘Do you realise that it is illegal to disobey a “Don’t Walk”

sign? If I see you breaking the law again, I will have to fine you.’

Jamahl and Ben were apologetic. ‘Everyone does it so we thought it would be okay,’ said Ben. ‘We won’t do it again.’

‘That’s good,’ said the police officer. ‘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[o�j^[�bWmYOU HAVE to obey rules at school or on the sporting field. Society also has a set

of rules called laws, which everyone in the community is expected to obey. For example, motorists have to obey traffic 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 conflict, 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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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

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If society has too many laws, people’s 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.

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TODAY’S 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 country’s 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 fi 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 fi 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 Romehad a set of lawsoperating by 450 BC

known as the Laws of the Twelve Tables.Each year, an offi cial 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 fi 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 fi rst set of laws, which applied to all people living in Athens. During the 590s BC, a Greek offi cial 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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appreciate how our legal system developed

identify some important developments in our laws

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In AD 533 the Roman Emperor Justinian I organised the complex setof Romanlaws into auser-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

fi 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 1154–89), 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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JusticeThere 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 justiceThe 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 infl uenced by wealth, race, religion, gender or status and that all people will be treated as equal.

?jÉi�dej�\W_h�IMAGINE 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 fi 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 cartoonThe 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 fi gures represent?

Look for clues in the way they are drawn. Do any details emphasise a person’s wealth or power? What does this tell you?

Look at the position of the fi gures and their body language. Does one seem to have more infl uence? 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 hearingOur 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.

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Ned Kelly — justice or injustice?

It would appear that justice should be an easy term to defi ne. However,

it can have different meanings depending on a person’s point of view. For

example, take the case of the Australian bushranger Ned

Kelly. Ned Kelly had his fi rst

brush with the law at the age of 12. At 17, he had his fi rst jail sentence. Over 13 years he stole cattle and horses, robbed two banks, and killed three police

offi cers. 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 lawCriminal 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 fine 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 traffic infringements, are called summary offences. They are dealt with relatively quickly and cheaply by a magistrate in a Magistrates Court.

Civil lawCivil 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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9_l_b�WdZ�Yh_c_dWb�bWmTHERE ARE two main branches of the law that operate in society. One set of laws

regulates people’s behaviour with other individuals. It is known as civil law. The other broad area of law regulates people’s behaviour within society as a whole. It is referred to as criminal law.

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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.

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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 defendant’s legal costs. As the case above indicates, sometimes civil law is required to deal with a wide range of unusual circumstances.

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POLICE 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 offi cer says, ‘I would like you to come down to the police station to answer a few questions’, do you have to go with the offi cer?

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.

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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 offi cer of the same sex as the person being searched.

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briefl y outline an individual’s 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.

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Being

arrested — rights and

obligations

Police musthave a warrant andreasonable cause.

Arrested

Charged

Fingerprinted

Formalinterview

Phone call

Personalsearch

1. You may be offi cially 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 answerany questions if you do not want to.

5. You will be given a copy of the taped interview.

1. Police cannot fi ngerprint you if you are a child under the age of 10.

2. If you are between the ages of 10 and 17, your fi 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 fi ngerprints.

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Court hierarchyIf 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]^j�WdZ�YekhjOFTEN, 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 Coroner’s Court is a special Magistrates Court that investigates deaths by unnatural causes and suspected arson. The Children’s 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 qualifi ed 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.

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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.

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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 fi nal. The High Court is a federal court, which means that any decision it makes applies to the whole country.

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>em�Ze�oek�fb[WZ5AFTER 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 people’s lives. Courts and the offi cials who work in them deal with real-life dramas. Although each courtroom offi cial has a specifi c 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 umpireA 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 qualifi ed 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.

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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 judge’s associate is a trained lawyer who manages much of the paperwork.

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INQUIRE

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identify the main offi cials in an Australian courtroom

explain the different roles of court offi cials

investigate and report personal viewpoints on a recent court trial.

I CAN:

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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 offi cer 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

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@kl[d_b[�Yh_c[UNFORTUNATELY 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 person’s 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 ‘five-finger discount at walk-away prices’.

However, shopstealing is a serious crime. If caught, a young offender might be given an official police caution. The young person must not re-offend during the next five 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 pressurebeing dared by otherswanting to look cool in front of friendsthrill-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, fingerprinted 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 firmly 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.

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COMMUNICATE 5 I\X[�k_\�]fccfn`e^�ZXj\j1

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 fi 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 fi rst, with Dahl leaving a couple of minutes after him.

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INVESTIGATE

Interpret a table (p. 5)

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identify the main reasons why young people shopsteal

appreciate the diffi culties in determining punishment

analyse a table to interpret crime statistics.

I CAN:

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Shopstealing may get you charged by police, resulting in a court appearance.

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(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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9Wd�m[�h[iebl[�j^_i5COURT 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.

MediationMediation 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 confi dential 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 win–win solution whereby no-one is seen to ‘lose’.

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ArbitrationArbitration 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 arbitrator’s 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.

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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 person’s 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.

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Equal Opportunity Commission of VictoriaPeople 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.

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THINK1 @]�pfl�n\i\�`e�[`jglk\�n`k_�X�

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COMMUNICATE

Analyse a case study

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All are not equal

Jamaya Prosser applied for the part-time sales assistant job at a local business. She had the appropriate qualifi cations. 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.

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DESIGN AND CREATIVITY3 ;\j`^e�k_\�Zfm\i�f]�X�YifZ_li\�

]fi�pfle^�g\fgc\��`e�k_\�jkpc\�f]�k_\�FdYl[jdXe�YifZ_li\ �X[m\ik`j`e^�k_\�ifc\�f]�k_\�<F:�f]�M`Zkfi`X%�Pfl�dXp�n`j_�kf�lj\�X�jf]knXi\�gXZbX^\�k\dgcXk\%�9\]fi\�pfl�jkXik#�[\m\cfg�X�[\j`^e�Yi`\]�k_Xk�Zc\Xicp�jkXk\j�n_Xk�`e]fidXk`fe#�jkpc\�Xe[�ÊcffbË�`j�i\hl`i\[�kf�Y\jk�jl`k�k_\�kXi^\k�Xl[`\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 VictoriaThis 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 VictoriaThe 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 justifi ed, the Ombudsman will recommend changes to fi x the problem. The Ombudsman always informs the complainant about the outcome.

Analyse a case study

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Identify and defi ne important

terms. Use a dictionary to fi 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?

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<c[\icp�i\j`[\ekj�_Xm\�Y\\e�]fiZ\[�kf�j\cc�k_\`i�_fd\j�kf�\jZXg\�k_\�ZfejkXek�ef`j\�Xe[�]ld\j�Zfd`e^�]ifd�X�e\`^_YfliËj�YXZbpXi[�gXe\c�Y\Xk`e^�Ylj`e\jj%�Knf�=iXebjkfe�i\j`[\ekj�jfl^_k�`ek\im\ek`fe�fi[\ij�X^X`ejk�e\`^_Yfli�Af_e�Dffi\�kf�kip�kf�jkfg�_`d�nfib`e^�fe�ZXij�Xk�Xcc�_flij%�?\�lj\[�gXe\c�Y\Xk`e^�\hl`gd\ek�Xe[�Xe^c\�^i`e[\ij�Y\]fi\�.�Xd�Xe[�X]k\i�((�gd%� Fe�k_\�X[m`Z\�f]�X�cfZXc�ZfleZ`c�i\gi\j\ekXk`m\#�Af_e�Dffi\�Xe[�k_i\\�f]�_`j�e\`^_Yflij�j\kkc\[�k_\�gifYc\d�k_ifl^_�k_\�;`jglk\�J\kkc\d\ek�:\eki\%�8cc�gXik`\j�n\i\�XYc\�kf�[`jZljj�k_\`i�^i`\mXeZ\j�Xe[�i\XZ_�Xe�X^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.

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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.

Oekh�h_]^ji�WdZ�j^[�bWmGENERALLY 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 people’s rights to express their opinions freely without interference, and the right to assemble [group together] peacefully.

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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

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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.

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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 files) 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 rapist’s 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 rightsMany 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 defined 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?

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THINK

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COMMUNICATE

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DESIGN AND CREATIVITY

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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:

��B[Whd_d]

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 O’Connell, 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.

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9^[Ya�WdZ�Y^Wbb[d][7kijhWb_WÉi�b[]Wb�ioij[c

� '$�Give two examples of laws that: (a) protect society from harm (b) ensure freedoms are safeguarded. (pp. 22–3)� ($� Explain the different roles of the police and the

courts. (pp. 30–3)� )$�Why don’t police, rather than the courts,

determine a person’s guilt or innocence?� *$�Name a fi 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 today’s society. (pp. 24–5)

� ,$� ‘If a person is found ‘not guilty’, it doesn’t 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. 28–9)

� /$� If a person is aged between 10 and 17, what conditions apply before the police can take that person’s fi ngerprints? (p. 31)

�'&$�Create a simple illustrated children’s book to explain the differences between the different courts in Australia. (pp. 32–3)

�''$�Write a brief report of a court case using the following words (pp. 34–5)

�'($� List two advantages and two disadvantages of the adversarial system. (pp. 38–9)

�')$�How does the role of the Ombudsman in Victoria differ from that of the Victorian Civil and Administrative Tribunal? (pp. 38–9)

�'*$�Citizens can seek redress if there is a legitimate concern regarding a Government department. What does this say about our legal system?

murderjudge

guilty

counsel for the defence

prosecutionjury appeal

murderjudge

guilty

counsel for the defence

prosecutionjury appeal

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�'+$��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 fi 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 signifi cance 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. Defi ne the word ‘justice’ in your own words and explain how our legal system attempts to treat people justly.

on th

e CD-ROM

n`Q[fd

Limp Bizkit under fi 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 fi led by Jessica’s 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 band’s 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 coroner’s inquest, found the band and related parties were not to blame for this tragedy.

IkccWho�e\�a[o�j[hci

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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 qualified 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 people’s 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 financial 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

fine: a sum of money paid as punishmenthierarchy: any system of things in a

graded orderhomicide: the killing of one person by

anotherimpartial: not biased in favour of a

particular person, group or sidejudge: a court official 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 ruleslegal aid: free legal advice or

representationlegal representative: a qualified legal

practitioner who deals with general legal matters

magistrate: a court official 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 people’s 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 societytrial: 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)