Teaching Sequence

Work through this resource material in the following sequence:

30 minutes

Part A: From commission to sentencing

25 minutes

Part B: Timeline of a criminal matter

5 minutes

Reflection

Part A: From commission to sentencing

Step 1

Play this video and while students are watching, they should take notes on the questions below (on the Student Worksheet):

One punch, a lifetime of consequences (https://www.youtube.com/watch?v=x9M6zLjC46s)

Which legal terms haven’t you heard before?
What are the stages in the process from the incident occurring through to sentencing?
What kinds of obligations do jurors have?
Under what circumstances can a juror be excused?
With whom does the burden of proof rest in criminal cases?
Who questions witnesses first in a criminal trial?

Step 2

Have students read the following on the Student Worksheet:

Below are the key stages of dealing with a criminal act from the crime being committed to an offender being convicted and sentenced. This does not include each individual process but should give you an idea of what occurs when.

Commission
A crime is committed.
Investigation
If the culprit is not immediately apprehended, an investigation will be launched.
This will involve the police and criminal investigators/experts funded by the state in which the offence occurred.
Arrest
If there are reasonable grounds to suspect someone has committed a crime, they will be read their rights (such as the right to silence and protection from self-incrimination) and questioned by police (which they may or may not participate in). Usually, suspects (that is people that have been accused but not found guilty of a crime) will enlist legal counsel (that is, lawyers to advise them). It is at this time that a suspect will be held in custody.
Arraignment
A hearing where a suspect is formally charged with a crime(s) and the charges against them are laid out. In response, a suspect will enter a plea (guilty/not guilty/no contest). If a suspect pleads guilty, they will proceed to sentencing.
Bail/remand
Whilst a person charged with a crime is awaiting trial they will either be released on bail (that is, not have to wait in prison provided certain conditions are met) or held in remand (that is, they will wait in jail until the time of their trial).
Pre-trial hearings
Before a trial commences several hearings may occur such as: discovery (where lawyers on both sides exchange documents)
Jury empanelment
Most criminal trials will involve a jury. This means that ordinary citizens (provided they’re not lawfully excluded/ineligible and are of voting age) will listen to the evidence and determine a verdict (that is, a finding of guilty or not guilty based on the facts). The process of jury empanelment is critical to filtering out bias and ensuring that any jury represents a cross-section of the community.
Trial
The prosecution (lawyers who represent the state) and the defence (lawyers who represent the accused person) present arguments and evidence and question witnesses to advocate for the interests of their ‘side’ (i.e. the prosecution is aiming to achieve a just outcome for the victim(s) whilst the defence is generally looking for the most lenient outcome for their client, usually an acquittal (that is, a finding of not guilty)).
Custody
Once an accused has been convicted they will remain in custody (that is, jail) until their sentencing hearing.
Sentencing
Once someone is convicted of a crime, they will be served with a punishment (i.e. a fine, prison sentence, etc.) proportionate to the crime they have committed.

Allow time for students to ask questions and clarify anything they don't understand.

Part B: Timeline of a criminal matter

Step 1

Provide students with blank A4 sheets of paper and invite them to draw a vertical line down the centre of the page (portrait).

At the top of the line, they should write the heading - 'Beginning'. At the bottom of the line, they should write 'End'.

Step 2

On the left side of the line, have them plot the below keywords in the chronological order of a criminal arrest/trial:

Arrest	Charge	Jury empanelment	Verdict
Sentence	Witness testimony	Opening statement	Closing argument
Arraignment	Remand	Victim impact statements	Witness testimony

Step 3

Have students research the below terms using this link as a starting point: victorialawfoundation.org.au/sites/default/files/resources/Legal-glossary.pdf

They can write their definitions of each term on the Student Worksheet.

Defendant	Prosecution	Defence	Jury
Judge	Expert witnesses	Character witnesses	Jury foreperson

Step 4

On the right side of the timeline, students can now insert each of the parties above that would be involved at each of the stages on the left of the timeline. They should also provide 1-2 sentences explaining why they would be present at this stage.

Step 5

Invite students to compare their timeline with a partner or small group. They might like to move some things around.

We recommend you follow this lesson with Coward Punch: You Be The Judge - Civ & Cit - Year 9 where students will complete a mock trial based on a coward punch scenario.

Reflection

Invite students to complete the following stems on their Students Worksheets:

I'm still not sure about...
I'd like to learn more about...
I never realised...

Differentiated learning

Extension

You might like to play one or several clips from a TV show or film that show/s a trial. Students could identify which parts of the trial they are viewing.

Provisions for learning support

Some students may benefit from a ready-made glossary on each of the roles in Part B, Step 2. You could also print out the terms from Part B on labels that they can rearrange and stick on their timeline. This allows for greater flexibility and experimentation.

Teacher reflection

Take this opportunity to reflect on your own teaching:

What did you learn about your teaching practice today?
What worked well?
What didn't work so well?
What would you share?
Where to next?
How are you going to get there?

Coward Punch - On Trial

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