Legal Studies Unit 1: The presumption of innocence

Prerequisites

There are no prerequisites for this unit.

Course Description

Laws, including criminal law, aim to achieve social cohesion and protect the rights of individuals. Criminal law is aimed at maintaining social order. When a criminal law is broken, a crime is committed which is punishable and can result in criminal charges and sanctions.

In this unit, students develop an understanding of legal foundations, such as the different types and sources of law, the characteristics of an effective law, and an overview of parliament and the courts. Students are introduced to and apply the principles of justice. They investigate key concepts of criminal law and apply these to actual and/or hypothetical scenarios to determine whether an accused may be found guilty of a crime. In doing this, students develop an appreciation of the manner in which legal principles and information are used in making reasoned judgments and conclusions about the culpability of an accused. Students also develop an appreciation of how a criminal case is determined, and the types and purposes of sanctions. Students apply their understanding of how criminal cases are resolved and the effectiveness of sanctions through consideration of recent criminal cases from the past four years.

Areas of Study

Legal foundations

This area of study provides students with foundational knowledge of laws and the Australian legal system. Students explore the role of individuals, laws and the legal system in achieving social cohesion and protecting the rights of individuals. Students consider the characteristics of an effective law, and sources and types of law. They examine the relationship between parliament and the courts in law-making, and the reasons for a court hierarchy in Victoria, they also develop an understanding of the principles of justice.

Proving guilt

The presumption of innocence is the fundamental principle of criminal law and provides a guarantee that an accused is presumed innocent until proven guilty beyond reasonable doubt. In this area of study students develop an understanding of key concepts in criminal law and types of crime, and investigate two criminal offences in detail. For each offence, students consider actual and/or hypothetical scenarios in which an accused has been charged with the offence, use legal reasoning to determine possible culpability and explain the impact of the offence on individuals and society.

Sanctions

The criminal justice system determines the guilt of an accused, and imposes sanctions on offenders. In this area of study, students investigate key concepts in the determination of a criminal case, including the institutions that enforce criminal law, the purposes and types of sanctions, and alternative approaches to sentencing such as the Drug Court, Koori Courts and diversion programs. Students compare approaches to sentencing in Victoria to one other Australian jurisdiction. Through an investigation of criminal cases from the past four years, students apply their knowledge to discuss the effectiveness of sanctions and the ability of the Victorian criminal justice system to achieve the principles of justice.

Assessment

Outcomes	Assessment Tasks
Outcomes	(school-assessed coursework)
Describe the main sources and types of law, and evaluate the effectiveness of laws.	Structured assignment or essay or mock court or test or case study.
Explain the purposes and key concepts of criminal law, and use legal reasoning to argue the criminal culpability of an accused based on actual and/or hypothetical scenarios.	Structured assignment or essay or mock court or test or case study.
Explain the key concepts in the determination of a criminal case, discuss the principles of justice in relation to experiences of the criminal justice system, and discuss the ability of sanctions to achieve their purposes.	Structured assignment or essay or mock court or test or case study.

Overall Final Assessment

End of Semester Examination – 1.5 hours.