What punishment should be given?

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Presentation transcript:

What punishment should be given? A 22 year old man has burgled a property in Hedge End taking electrical equipment including an Apple MacBook. They have been caught by the Police following a 999 call. What punishment should he receive? The victim said he should receive 12 months in jail and be forced to pay for the loss of his property. The police officer said he should have to wear an electronic tag to monitor his movements. A relative of the criminal thinks he should receive 120 community service and pay for the loss of the property he stole. Give students the scenario of a burglary that has been committed. There are three people on the PPT explaining the punishment they think he should receive. Ask students who they think is correct. Who is correct?

What punishment should be given? No one is correct! The only people who can decide on a punishment are judges and magistrates in the court system. Explain that none of the people are right as the only people who can decide on punishments and sentences are magistrates and judges in court.

The Court System Learning Objective: To explore how the court system works in Britain. I can explain the different types of law courts. I can explore how a court works and how sentences are passed. I can evaluate whether punishments are too harsh, just right or too lenient.

Sheldon Goes To Court https://www.youtube.com/watch?v=qOfxGR0K9jA Watch the clip of Sheldon from the Big Bang Theory going to court to introduce the concept. https://www.youtube.com/watch?v=qOfxGR0K9jA

Law Courts Our courts system is complicated and – in places – confusing, because it has developed over 1,000 years rather than being designed from scratch. Different types of case are dealt with in specific courts… This is where more serious criminal offences such as murder are tried by a judge and a jury. Imprisonment and fines in the Crown Court are more severe than in the magistrates court. This court deals with civil cases (private disputes between people or organisations) and appeals made against decisions in the lower courts. This is the second highest court. The judges, known as Lord Justices, hear appeals in both criminal and civil cases from the lower courts. It only deals with appeals. This is the highest court in the UK and deals with cases from across the country. It has an important role in deciding how the law should be interpreted and applied. The magistrates court deals with criminal and some civil cases. All criminal cases start in the magistrates court, however more series cases go straight to the crown court. Introduce students to the different courts in the UK starting with the magistrates court right up to the supreme court. https://www.brightknowledge.org/knowledge-bank/law-and-politics/spotlight-on-law/the-court-of-appeal-explained – a website with more detail to help you if needs be

The Magistrates Court The Magistrates' Court Most defendants now appear in this kind of court. There is no jury of ordinary people, the magistrates (or judges) make the decisions. The defendant has to say if they are 'guilty' or 'not guilty'. If the defendant says that they are guilty then the magistrates make their decision over what the punishment will be. This is also called 'sentencing'. If the defendant says they are not guilty then the Crown Prosecution Service tells the court why they think they are guilty. For the most serious crimes, like murder, the defendant has to go to the Crown Court. Who's who in court?  The people who make up a magistrates' court are: Magistrates (usually three) Clerk Lawyers (prosecuting and defence) Witnesses (prosecuting and defence) Usher Defendant Now explain the magistrates court in more detail, following with the crown court as these are the most commonly used courts.

If the jury are not sure then they must give a "not guilty" verdict. The Crown Court Defence  The defence barrister represents the person accused of the crime. The defence do not have to prove that the accused is innocent, just that the prosecution's arguments are not good enough. The barrister points out to the jury what they think is wrong with the prosecution's evidence. They will try to show that there are other possible explanations. Their arguments are called the case for the defence. The Crown Court  The more serious crimes are dealt with in this type of court with a judge and a jury making the decisions. The jury is a group of 12 ordinary people chosen by chance from everyone in the country. When the jury have heard the reasons for the defendant being guilty and the reasons for them being innocent they make their decision. At least ten of the people on the jury must agree for them to be able to give their 'verdict'. Prosecution  The prosecution barrister explains to the court what the defendant is accused of. The prosecution must show the jury enough evidence to make them feel really sure that the defendant is guilty. If the jury are not sure then they must give a "not guilty" verdict.

Knowledge Check True or False? The Court of Appeal is the highest court in the UK. Lawyers who represent the defendant are known as the prosecution. The Crown Court is where more serious cases are tried such as manslaughter and murder. A jury in a Crown Court is made up of 10 members of the public. The Court of Appeals only deals with appeals. Before moving on complete the knowledge check true or false activity.

Knowledge Check True or False? The Court of Appeal is the highest court in the UK. Lawyers who represent the defendant are known as the prosecution. The Crown Court is where more serious cases are tried such as manslaughter and murder. A jury in a Crown Court is made up of 10 members of the public. The Court of Appeals only deals with appeals.

The Court System Learning Objective: To explore how the court system works in Britain. I can explain the different types of law courts. I can explore how a court works and how sentences are passed. I can evaluate whether punishments are too harsh, just right or too lenient.

You Be The Judge You are going to explore some criminal cases being tried in court. Imagine you are the judge on this case – what sentence would you pass and why? Use the You Be The Judge website and explore either the teen crime, burglary or vandalism cases. Please only choose from these three as we use the other cases in our GCSE RE SOW. The website explains to students how the court system works, why we punish criminals and allows them to decide what sentence they would pass. http://ybtj.justice.gov.uk/

The Court System Learning Objective: To explore how the court system works in Britain. I can explain the different types of law courts. I can explore how a court works and how sentences are passed. I can evaluate whether punishments are too harsh, just right or too lenient.

Write a short reflection on this in your books. Sentencing Having explored the court system and sentencing, what do you think about the sentences given out by the courts? Students now need to write a short reflection in their books on their thoughts on the sentences passed by the courts having completed the You Be the Judge activity. Do they think it is too lenient, about right or too harsh and why? Write a short reflection on this in your books.

The Court System Learning Objective: To explore how the court system works in Britain. I can explain the different types of law courts. I can explore how a court works and how sentences are passed. I can evaluate whether punishments are too harsh, just right or too lenient.