YBTJ Years 11 and 12 Case Study - Murder - Notes 2017€¦ · Web viewDesign a pamphlet using an...

You be the Judge Years 11 and 12 – Murder Sentencing Advisory Council |

Slide 1

About these notesYou be the Judge is a program offered by the Sentencing Advisory Council of Victoria to raise awareness of the aims, methods, and complexities of sentencing. The most common source of information about sentencing is the media. You be the Judge gives students an opportunity to examine background information on sentencing and to consider a specific case before making up their own minds. Working individually and in groups, students discuss, investigate, and evaluate aspects of sentencing, including their own and community values. Students draw on a range of resources to articulate and defend their own opinions on sentencing and to determine what is a fair sentence.

Teachers should read these notes in conjunction with:

the Teacher Guide, which provides links to the Victorian Certificate of Education Legal Studies curriculum. This particular case study has been developed for use with Years 11 and 12 Legal Studies students

A Quick Guide to Sentencing, which is a plain-language overview for teachers and students of the ‘what, when, where, how, and why’ of sentencing in Victoria. The Quick Guide is available on the Council’s website.

About the caseThe case used in this presentation is based on a real case from the Supreme Court of Victoria. The case study is divided into six sections:

(a) Sentencing origin and range(b) 2. Sentencing theory(c) 3. The crime and the time(d) 4. The case(e) 5. The sentence(f) 6. Conclusion


WarningAs this case study is based on a real-life case, sensitivity is necessary when using the case study in the classroom. Fictitious names are used, but the places and events are real. Sensitivity will also be necessary if, for example, particular students have been affected by a similar case or have a parent or close relative who has been involved in such a situation.

Alternative order of presentationIt is up to teachers to decide the order in which the slides are presented. The order presented in these notes is only a suggestion. Teachers may prefer to ask students to sentence the offenders earlier (see ‘When to ask students to consider a sentence’ in the Teacher Guide for a discussion of this issue). If you choose to ask students to sentence earlier in the program, it may be worthwhile to ask them to reconsider their sentence at the end. Students could then have small group discussions to consider why their sentences may have altered.

Suggested student activitiesInformation for teachers and suggested student activities are supplied in these notes. If you wish students to keep a journal to record their feelings, knowledge, and opinions, initiate this before beginning to show the slides.

The suggested student activities include two components:

Discussion

Questions that may be considered or activities that may be undertaken during the slide show.

Extension

Activities that require additional time and resources to conduct.

The symbol is used to indicate activities that require student use of a computer and the internet.


Slide 2

There are title slides at the beginning of each section of this case study. When displaying these title slides, take the opportunity (through general questioning) to collect student predictions in answer to the question posed.

Differences and/or similarities between the facts as presented and the opinions expressed by students will provide opportunities for lively debate. Findings will serve to underline the results of any pre-testing/prior knowledge work undertaken at the beginning of the program.

The first section of slides concerns the origin and range of sentences available to judges in Victoria:

the responsibilities of the executive, the parliament, and the judiciary in the realm of sentencing

a list of the various laws that affect sentencing the hierarchy of sentences from the most to the least severe.

Activities in this section focus on what sentences are and what students consider to be more and less severe. There are opportunities for students to explain how the Australian Constitution affects their lives. Students use a range of appropriate strategies for reasoning and analysis to compare their own values with community values, as reflected in available sentences and examples of sentences reported in the media.

Inform students that they will be exploring sentencing in the Victorian court system and that they will be examining one case in particular. They will be looking at some background material on sentencing and the particular crime that is involved in the case. They will then have a chance to decide on a sentence for the crime and compare it with the actual sentence given by the judge or magistrate.


Slide 3

In Australia, responsibility for governing is guided by the separation of powers principle. This means that the power to govern is spread among three groups legislature, judiciary, executive (government) with each group checking the power of the other two. This slide represents the separation of powers as it works for sentencing:

legislative power is in the hands of parliament judicial power is in the hands of the courts executive power is in the hands of government through its agencies.

Suggested student activitiesDiscussion

In Australia, responsibility for governing is guided by the separation of powers principle, meaning that the power to govern is spread among three groups: parliament, courts, and government.

Brainstorm using the DOVE* guidelines about why it is important that the three groups are independent. Also, why is it important that the three separate groups are involved in different areas of sentencing?

Imagine a situation where Joe Bloggs has just been found guilty of a major theft. Why might it not be a good idea to allow parliament to decide Joe’s punishment?

*D - Defer judgment on anyone else’s ideas or comments

O - Opt for the unusual and creative

V - generate a Vast number of ideas

E - Expand on the ideas by piggy-backing off others.


Slide 4

Common law is a system of law, originally developed in England, that is derived from judges’ decisions, rather than from legislation (which is derived from the parliament).

Suggested student activitiesExtension

Work cooperatively with a partner to research some Acts of Parliament to find examples of maximum sentences (maximum penalties) for three specific crimes (for example, theft, burglary, and murder). Decide what specific tasks need to be undertaken (such as researcher, collator, presenter) and decide who is going to undertake each one. Decide on the best search terms to find information and to help you locate relevant sentences.

(Teacher: collate all groups’ information on the board to build a list of maximum sentences for a range of offences in Victoria.)


Slide 5

The adult sentencing orders listed above are described in detail in A Quick Guide to Sentencing.

Note that murder is a ‘Category 1’ offence. The Victorian Government has passed legislation to limit the courts’ use of non-custodial orders for Category 1 offences. This new legislation is expected to come into operation in the first half of 2017. See page 16 of A Quick Guide to Sentencing (3rd edition, 2017) for more detail.

Imprisonment – the offender is held in prison. There are three types of prison: high, medium, and low security. Corrections Victoria (not the court) decides which type of prison an offender is sent to, based on the risks they may face in prison, and the risks they may pose to other people.

Community correction order – the offender is released into the community under conditions that are set by the court. Conditions may include unpaid community work, drug testing and treatment, or restrictions on where the offender can go, where they live, or who they can spend time with. A sentence of imprisonment can be combined with a community correction order.

Fine – a financial penalty (money) payable to the state.

Adjourned undertaking – sentencing is held off for up to five years. During this time the offender has to obey certain conditions set by the court (e.g. pay a bond or attend a behaviour change program).


What values of our community are reflected by this diagram?

In your opinion, does the sentencing hierarchy correspond with increasing levels of severity generally?


Extension

What ‘sentences’ exist for misbehaviour at your school? Draw a scale like the one in the slide to show the range of these ‘sentences’ from the lowest to the highest level. Compare your scale with scales drawn by other students and discuss any similarities and differences.


Slide 6

The next group of slides concerns the theory behind sentencing and the sorts of things a judge must or can take into account when imposing a sentence:

the purposes of sentencing the principles of parsimony the factors that must be taken into account Victim Impact Statements and pre-sentence reports cumulative and concurrent sentences non-parole periods.

Activities focus on the constraints placed on sentencing judges and the extra information judges can draw on to ensure the sentence they impose is appropriate. Some emphasis is placed on public reaction to sentences and the importance of informed opinions.

Take the opportunity to collect student predictions in answer to the question posed on this slide.

Encourage students to return to the slides in this section (or provide appropriate printouts) when it is time for them to decide on the sentences they will impose in Section 5.


Slide 7

These are the only purposes for which sentences can be imposed, not suggestions or examples.

Section 5(1) of the Sentencing Act 1991:

(1) The only purposes for which sentences may be imposed are:

(a) to punish the offender to an extent and in a manner which is just in all of the circumstances

(b) to deter the offender or other persons from committing offences of the same or a similar character

(c) to establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated

(d) to manifest the denunciation by the court of the type of conduct in which the offender engaged

(e) to protect the community from the offender or (f) a combination of two or more of those purposes.

Ask students to keep a record of their experiences and findings when completing the final activity for this slide. The records will be useful resources to revisit once students have undergone the experience of deciding on a sentence themselves.


Rewrite the five purposes in the slide in your own words. Ensure that you clearly explain what is supposed to be achieved by sentencing.

Working individually or in small groups, sort out which of the sentence types listed on Slide 5 would be likely in most cases to achieve each purpose listed on this slide. For example, which sentence type would best achieve denunciation? You can allocate more than one sentence type to each purpose. Compare and discuss your results with other students.


Is revenge an appropriate purpose for a sentence? Suggest a reason for your answer.

Arrange the various sentencing purposes in order of what you consider to be most important to least important. Present your point of view on the hierarchy of sentencing purposes. Do your classmates agree with you? Where appropriate, contest their opinions. Why might it be hard to get total agreement?


Slide 8

Parliament and the courts have set rules (known as ‘principles’) that guide how a court must sentence. These principles include:

Parsimony – the sentence must not be more severe than is needed to achieve the purposes of sentencing the offender. For example, a sentence of imprisonment should not be imposed unless the purpose or purposes of sentencing the offender cannot be achieved without confinement.

Proportionality – the punishment must fit the crime. This means that a more serious example of an offence gets a more serious sentence than a less serious example of that offence. It also means that there should be no excessive punishment without a good reason.

Parity – If two or more offenders are involved in an offence, their sentences should be similar, unless there is a good reason that the offenders’ sentences should be different.

Totality – the sentence must reflect the overall seriousness of the offences, and not be so severe that the offender has no chance of rehabilitation.


Look up parsimony in a thesaurus to find words with a similar meaning. Explain the principle of parsimony in your own words.

In what ways might the principle of parsimony affect the decision of a judge or a magistrate?

What would the opposite of the principle of parsimony force a judge to do?


Extension

Develop a role play in which a supporter of the principle of parsimony and a recent crime victim meet on a TV chat show. A third person plays the part of the TV interviewer. Complete the task within the set timeframe, prioritising your time and using appropriate resources. The victim wants offenders to receive the heaviest penalties for their crimes. During the role play, the audience notes the strong and weak points made by each character. At the end of the role play, choose one of the following statements as being best supported by the arguments: ‘Sentences should be the least severe the law allows’ or ‘Sentences should be as harsh as the law allows’. Using the ‘Purposes of sentencing’ diagram, make notes for each purpose to support your argument.

Construct a continuum bar with the following divisions: Agree strongly, Agree, Don’t know, Disagree, Disagree strongly. Ask people to read your explanation of the principle of parsimony and then indicate their attitude on the continuum. Decide the size of the sample and make predictions about the results you will get. Compare your predictions with the actual results. Combine findings from the whole class, and graph these using a spreadsheet. Then decide on a creative way to report the public’s attitude towards the principle of parsimony.


Slide 9

Maximum penalty – set out in relevant Acts of Parliament Current sentencing practices – sentences given in previous court decisions Nature and gravity of the offence – the seriousness of the offence, the role the

offender played, the consequences of the offence, the relationship between the offender and the victim

Culpability – the intent, motive, and circumstance that determine how much the offender should be held accountable

Victim impact – physical and/or psychological trauma, material and/or financial loss Guilty plea – offenders who plead guilty to an offence can generally expect to receive a

sentence discount Aggravating factors – things about the offender or the offending that make the

offending more serious (e.g. previous convictions, elderly victim) Mitigating factors – things about the offender or the offending that make the offending

less serious (e.g. first offence, young offender)

The Sentencing Act 1991 states that these factors must be taken into account when an offender is being sentenced. Sentencing is decided on a case-by-case basis. Judges examine the facts and circumstances surrounding the particular case in determining the sentence.

Later in this case study, students may be asked to consider the factors relating to the offender and decide which are aggravating and which are mitigating. It may be useful, therefore, to spend some time now getting students to define these terms for themselves.


Look up aggravating and mitigating in a thesaurus or dictionary and come up with your own definition of these words.

Are any factors in the diagram more important than others? What might make it hard to get general agreement among your class about this question?


Are we all equal before the law? How could an offender’s race, culture, age, or gender affect how responsible he or she is for an offence? These personal characteristics of the offender might be relevant for which purpose of sentencing?

Extension

Demonstrate creativity in exploring ideas about sentencing. Turn a well-known character from literature into an offender. Write a short story in which you establish the crime, then use the list on this slide to establish the character’s responsibility and degree of blame. For example, Macbeth could be sentenced after a trial for the murder of King Duncan, or Josephine from Looking for Alibrandi could be found guilty of driving under the influence of alcohol. Use a concept map to help plan your story.


Slide 10

Victim Impact Statements provide vital information for a sentencing judge, ensuring that the judge has a broad picture of how the crime has affected the people involved.


In small groups, discuss the following questions and then share with the class. Group members are to support each other in contributing their thoughts and/or opinions on the questions asked:

Why might a victim write a Victim Impact Statement? What kind of information would you expect to find in a Victim Impact Statement of a

victim in a murder case?

Extension

Students create a Victim Impact Statement. This may help students to think about how crimes affect members of the public. It may help students empathise with others and acknowledge the diversity of individuals.

Choose a crime that has been reported in the media where a victim has been injured. Use appropriate search techniques to find an article from the internet. Using the Victim Impact Statement form as a template, imagine that you are a victim and write a Victim Impact Statement. Remember that the aim of the statement is to show the effect that the crime has had on you and the harm it has brought you.

http://www.victimsofcrime.vic.gov.au/utility/for+professionals/order+publications/victim+impact+statement+interactive+form

http://www.victimsofcrime.vic.gov.au/utility/for+professionals/order+publications/victim+impact+statement+interactive+form


Slide 11

The concepts of cumulative (served one after the other) and concurrent (served at the same time) sentences are not well understood by the public and can cause confusion when sentences are published in the media.

While it is enough to draw students’ attention to this concept at this stage, it might be necessary to return to it once they begin to consider their own sentencing decision and to read the sentence imposed by the judge.

The term total effective sentence (TES) is used in the graphs later in this presentation, so this definition may assist in interpreting that data.

These concepts are explained in more detail in the Council’s A Quick Guide to Sentencing.


Work out the total effective sentence (TES) in each of the following cases:

Case 1: 2 years’ imprisonment for each of three counts of assault served concurrently and 1 year’s imprisonment for assault served cumulatively (answer: 3 years)

Case 2: 6 years’ imprisonment on each of two counts of culpable driving with 3 years of the second count cumulated (answer: 9 years).


Slide 12

The non-parole period (NPP) specifies the period during which an offender must remain in custody. The non-parole period must be at least six months less than the term of the prison sentence.

When offenders have served their non-parole period, the Adult Parole Board determines if they will be released on parole and what the conditions of that release will be. Parole is a form of supervised release for offenders sentenced to a term of imprisonment. Offenders on parole are still serving their sentence. If they breach the conditions of their parole, they can be returned to prison. The aim of parole is to ensure that offenders get help in the transition from prison into the community, while still being subject to supervision.

Section 11 of the Sentencing Act 1991 says a court must set a non-parole period for any sentence of imprisonment of 2 years or more, unless it is not appropriate to do so because of the nature of the offence or the past history of the offender. For sentences of 12 to 24 months, it is up to the court to decide whether or not to fix a non-parole period. For sentences of less than 12 months, a non-parole period is not possible.

Suggested student activitiesExtension

Design a pamphlet using an appropriate software program (e.g. MS Word, MS Publisher) to educate the general public about parole. Use pictures and graphs to make it creative, informative, and suitable for the audience.

If you were a sentencing judge, what characteristics would make you a fair, effective, and just judge? Write a small job advertisement for a sentencing judge, including the most relevant characteristics.


Look up the words objective and subjective in your dictionary. List all the factors mentioned so far that a judge has to take into account when sentencing and divide the factors into three groups – those that are objective, those that are subjective, and those you can’t decide on. Compare your findings with the findings of others. After discussion, allocate all the undecided items to one of the other two headings.


Slide 13

Take the opportunity to collect student predictions in answer to the questions posed in this slide and reflect on prior learning.

The section concerns:

the description from the Crimes Act 1958 of the crime involved in this case study statistics for the sentences imposed for murder in recent years.

Activities in this section focus on definitions of the crime itself and statistics for offending and sentencing in recent years. The statistics in this section of the presentation are taken from the Sentencing Advisory Council’s Sentencing Snapshots and SACStat.

http://www.sentencingcouncil.vic.gov.au/sacstat/home.html

http://www.sentencingcouncil.vic.gov.au/snapshot


Slide 14

Indictable offences are more serious offences heard before a judge and jury in the County or Supreme Court.


What legal terms would you want explained to you if you were accused of this crime? Work out definitions for these terms, then compare them with the definitions used in the Act. Why is it important to understand these terms? How can legal language exclude people?

Murder is considered to be the most serious of crimes. Make a list of points to support this assessment. Are there any arguments that could be used to refute this assessment?

Extension

What examples of murder have been featured in the media recently? Use the internet to locate information. What degrees of offence seriousness in murder cases can you identify from the articles you find? Why is it important that such degrees are identified?


Slide 15

A maximum penalty is the penalty set by parliament as the most severe possible sentence that a court can impose for a particular type of offence. Maximum penalties are sometimes referred to as statutory maximums because they are set out in legislation such as the Crimes Act 1958 (Vic).

The maximum penalty does not mean courts must impose that penalty on offenders convicted of the offence. It means that courts may not impose a penalty greater than the maximum set for the offence.

Maximum penalties have four important purposes in the sentencing system. They:

clearly set out the most severe consequences for an offender convicted of a particular offence

limit the court’s power to impose a sentence express parliament’s views on the seriousness of the offence and allow scope for the most severe punishment to be imposed for the worst example of

this offence (for example, one that is carefully planned, especially cruel, or motivated by prejudice or hatred).

Suggested student activities

Discussion

What is the maximum penalty for manslaughter? Do you think the maximum penalties for manslaughter and murder are appropriate?

Do you think maximum penalties deter people from committing offences?


Slide 16

This graph shows the number of people sentenced for murder and the number of people who received an immediate custodial sentence in the five years ending 30 June 2015.

This graph and the ones following may be printed out and allocated to small groups to analyse and summarise trends. Have groups report back to the class on the findings. Then ask students to reflect on their learning by writing down three things they have learnt about sentencing.


Summarise the trends for the offence of murder illustrated in this graph.

Is there anything about the figures, proportions, or trends in the graph that surprises you? If so, why is it surprising?

Someone found guilty of the crime of murder is most likely to be sentenced to immediate imprisonment or detention. Why do you think this is the case?


Slide 17

This graph shows the number of people sentenced to imprisonment for murder by length of imprisonment term in the five years ending 30 June 2015.

It shows that the most common prison sentence imposed was 18 to less than 20 years.


At a glance (without making calculations), what would you say is the ‘average’ prison sentence length for murder?


Slide 18

This tile graph shows the number of people sentenced for murder by length of imprisonment and non-parole period over the five years to 30 June 2015. It shows the total effective sentence and non-parole period for each individual person. The centre of each tile on the graph represents a combination of imprisonment length and non-parole period, while the size of the tile reflects the number of people who received that particular combination.

It is possible to see at a glance where a specific sentence fits in the overall picture. The most common combinations of imprisonment length and non-parole period imposed were:

20 years with a non-parole period of 16 years and a life sentence with a non-parole period of 25 years or more.

Nine people were sentenced to each of these combinations as represented by the largest tiles on the graph. The length of imprisonment ranged from 10 years with a non-parole period of 8 years to life imprisonment with no parole.

Return to this slide after students have compared their sentences with those of the trial judge, as a basis for discussion about where the various sentences sit on the graph and the implications of these combinations.

Suggested student activities

Discussion

What are the most common total effective sentences and non-parole periods over the five-year period for murder?

What does this tell you about the actual time someone is likely to spend in prison if sentenced for this crime?

Explain how a graph like this could be helpful to a judge or a magistrate.


Slide 19

CAUTIONThe case studies are based on real-life cases. Therefore, sensitivity is necessary when using the case studies in the classroom. Although fictitious names are used, the places and events are real, and it is possible that, during research, students could discover references to the actual case. Teachers should take precautions to ensure that no student is directly associated with the case. Sensitivity will also be necessary if, for example, particular students have been affected by a similar case or have a parent or close relative in prison.

Do not allow students to get bogged down in the detail of the crime – the outcome is already known and Tony Prior is guilty as charged. Remind students that You be the Judge is concerned with sentencing only.

This section includes:

a description of the offender an outline of the charge laid a description of the crime relevant background information available to the court.

Extracts from the judge’s ruling are provided. These may be for teacher reference only or, if time permits, they can be read to or by students to provide a more detailed picture.


Slide 20

‘Tony Prior’ is not the real name of the offender and bears no relation to any person connected with the case.

Part of the judge’s summing up:

‘Since the age of 15 you had downloaded grotesque and depraved images and materials from the internet. You had retained those materials on your computer hard drive, which was seized by the police after the murder. On that hard drive of your computer you had also saved lyrics from groups, who masqueraded as musicians, and whose offerings can only be described as perverted obsessions with violence and death.

‘You told Dr Lee at the Alfred Hospital that you had seen every movie and read every book about serial killers. In the week before the killing you had watched a video about a notorious American serial killer.

‘You told the police, in your interview on 6 December, that when you read books about serial killers, you thought “what that would be like”, and that would get your adrenalin pumping a bit.

‘At the age of 19 you wrote a note, which was seized by the police from your papers, in which you fantasised about becoming a notorious serial killer in Australia. You even nominated a specific date when you intended to carry out that atrocity.’


Slide 21

‘Brook Tanner’ is not the real name of the victim and bears no relation to any person connected with the case.


‘In my view, there is little, if any, evidence of true remorse by you for your actions. I have listened carefully to the 000 call which you made at 12.12 am on 2 December. In that call, it is clear that your primary, if not sole, concern was for yourself. On four occasions you asked for help for yourself.

‘You told the operator that you had stabbed your friend, and that you did not know where he was. In response to her further question about your friend, you immediately described the injuries you had inflicted on yourself. When asked by the operator whether your friend was in the house when you stabbed him, you responded “Yes. I need serious mental help”.

‘Later in the conversation, the operator asked you about the injuries you had inflicted on your friend. The operator asked you whether he was bleeding heavily, to which you replied “Ah, yeah. Can I ask you something though?” and then you proceeded to ask the operator “Can you put me in a mental hospital?” It is clear that, during that telephone call, your thoughts were solely for yourself, and not for your good friend who, without cause, you had mortally wounded. Although you may not have known the full extent of the injuries inflicted by you on him, it is clear that you knew that you had stabbed him at least once in the area of his vital organs, and that he was bleeding heavily. You expressed no concern for his welfare, and did not even think to ask the operator to dispatch an ambulance or a police officer to find him and render assistance to him.

‘Similarly, there is no evidence that you had any concern for Brook Tanner when you spoke to the police after their arrival. When the police asked you what happened, you responded that you needed mental help. You did not inquire after what had happened to Brook Tanner, or whether anyone had found him or given him assistance.


‘During your conversation with Dr Lee at 9.00 am on 2 December, there was no expression of remorse by you for what you had done to Brook Tanner. In the interview conducted with you on 6 December (which I have viewed), you twice expressed concern that, by killing Brook Tanner, you had wasted or destroyed your life. At the end of the interview, when asked if there was anything else you wished to say, you did say that you were sorry and that it was never meant to happen that way, and that you would miss Brook, because he was a good mate. That expression of regret was, I consider, singularly muted in the context of the horrific crime you had just committed.’


Slide 22


‘Dr Walton and Dr Kennedy [psychiatrists] have also expressed views about your prospects of rehabilitation. Dr Walton stated in his report that you do not exhibit evidence of more general irresponsibility, or any proclivity towards violence, “which would seem to indicate a favourable prognosis regarding recidivism”.

‘Dr Walton confirmed that view in his evidence before me.

‘Dr Kennedy did not express any view on your prognosis in his report, but in his evidence before me he was prepared to state that he was optimistic that you would not re-offend. Dr Kennedy did state that you have still a long way to go to understand all the aspects which led to your offending, and that indeed you may never completely understand it. His view was that, in light of your background, there was nothing of major concern which would indicate that you might re-offend.’


Slide 23


Consider everything you know so far about Tony Prior. Think, Pair, Share*. Do you think any factors (including gender, age, background, or motivation for committing the offence) are more important than others? What might make it hard to get general agreement among your class about this question?

The role of graphically violent content downloaded from the internet appears to have been given prominence in this case. To what extent do you think this might be pertinent to the case?

Refer back to your definitions of aggravation and mitigation. In groups, discuss the factors outlined on the slides and nominate for each one whether a judge might consider it to be mitigating or aggravating when determining sentence.

*Think, Pair, Share

This is a structured process to share information efficiently:

Think (as individuals) – students think about the topic, take notes, or jot down ideas. Pair (in pairs) – pairs of students discuss their thoughts and ideas about the topic. Share (pairs pair – groups of four) – groups then discuss their thoughts and ideas

about the topic, leading to greater knowledge and understanding, with groups presenting to the whole class.


Slide 24

This section includes the sentence handed down by the original trial judge.

Remind students that Tony Prior is guilty and that their task is to give a sentence. They must take into account the total sentence to be imposed and, if it involves imprisonment, they must also decide on the non-parole period.

It is a good idea to have relevant information from earlier in the program available for students to refer to – printouts of particular slides are most efficient as it is unreasonable to expect students to remember all the details of sentencing theory and factors to take into account as well as the facts of the case.

Opportunities arise here for collaborative work in deciding on a sentence, and for discussion and debate once all students have decided on their sentence. This discussion and debate should occur before the actual sentence is revealed.


Slide 25

This activity can be conducted most effectively by having individual students making their own decisions and writing down their reasoning.

Students can then come together in small groups to discuss the various results and the reasons for arriving at them.

Later, whole class discussion will almost certainly reveal a wide range of sentences, providing an opportunity for reminding students about the pressure on judges to ‘get it right’.


Slide 26

This is a reminder slide to focus students while they are deciding on their sentence.

Before advancing beyond this slide, students must decide on a sentence to impose.

The Sentencing Advisory Council’s research into public attitudes towards sentencing has found the following:

In the abstract, the public thinks that sentences are too lenient. In the abstract, people tend to think about violent and repeat offenders when

reporting that sentencing is too lenient. People have very little accurate knowledge of crime and the criminal justice system. The mass media is the primary source of information on crime and justice issues. When people are given more information about the crime and the offender, they

become less punative. People with previous experiences of crime victimisation are no more punitive than the

general community. People with high levels of fear of crime are more likely to be punitive. Despite apparent punitiveness, the public favours increasing the use of alternatives

to imprisonment. Despite apparent punitiveness, the public believes that the most effective way to

control crime is via programs such as education and parental support, rather than via criminal justice interventions.

Despite apparent punitiveness, public sentencing preferences are actually very similar to those expressed by the judiciary or actually used by the courts.

Despite apparent punitiveness, public support for imprisonment declines when the offender makes restorative gestures.

Source: Sentencing Advisory Council, Myths and Misconceptions: Public Opinion verses Public Judgment About Sentencing (2006), available at http://www.sentencingcouncil.vic.gov.au/publications/myths-and-misconceptions-public-opinion-versus-public-judgment-about-sentencing

Expect the sentences imposed by the students to reflect some of these research findings.


Slide 27

The offender was sentenced to 20 years’ imprisonment with a non-parole period of 15 years.

There is likely to be both strong agreement and strong disagreement with this sentence in the class. Discussion may need to be handled sensitively.


Slide 28


How do the sentences given by you and your classmates compare with the sentence imposed by the judge? Discuss any major differences and see if you can explain why these have occurred. In light of the information you now have, is it possible to come to a consensus about the sentence?

Extension

On a large sheet of paper, construct a column graph to represent the sentences decided on by students and the sentence imposed by the judge. Each student fills in a column using two colours one to represent the total effective sentence (TES) and one to represent the non-parole period. Work cooperatively so that the graph begins with the shortest total effective sentence and ends with the longest. Insert the judge’s sentence in the appropriate place.

Imagine that you are one of the following characters in the case: Tony Prior, Brook Tanner, Brook Tanner’s loving parents, Tony’s widowed mother, a person who administered first aid to Brook after he was stabbed. Write a short letter to a close friend describing the sentence and your opinion of it.


Slide 29

This slide contains two statements that should reflect the thoughts of students at the conclusion of You be the Judge. It provides an opportunity to focus on the importance of informed opinion and to recap the research into public attitudes towards sentencing referred to in the notes for Slide 26.


Discuss the two statements in this slide and compare your understanding of the statements with other students.

Extension

Reflect on what you have learnt while working through this You be the Judge case study and consider the extent to which these two statements sum up your own feelings.

Write your own short statements to sum up any other important ideas that you have formed while participating in this program.

Synthesise your thoughts and knowledge on the sentencing process and present these to the class. Depending on whether you are working individually or in a group, you may choose to use one of the following formats: essay, PowerPoint presentation/slide show, wall chart, video, drama production.

YBTJ Years 11 and 12 Case Study - Murder - Notes 2017€¦ · Web viewDesign a pamphlet using an...

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Transcript of YBTJ Years 11 and 12 Case Study - Murder - Notes 2017€¦ · Web viewDesign a pamphlet using an...