EVALUATE AND COMMUNICATE 8. Demonstrate your understanding of how a case can include both criminal and civil elements. Create your own scenario for a case that might involve both criminal and civil law. Identify the part of your scenario that is civil and the part of your scenario that is criminal. 9. In a civil case, the victim can sue for compensation, but in criminal cases, the wrongdoer is punished and the victim is frequently not compensated for harm done to them. Limited victim compensation is available in some cases but not in every case. It has been suggested that the law should be changed to provide compensation in every criminal case. Explain one advantage of this change and predict a possible disadvantage of this change. 10. Criminal cases are dealt with by the courts because the state prosecutes the wrongdoer. Only around 20 per cent of civil cases come before the courts because they are resolved out of court by negotiation between the parties, or because one party does not have the money to fight the case. This can mean that the wealthiest or most powerful party wins.
Propose a reform to the law that could help resolve this situation. Answers and sample responses for this topic are available online.
LESSON 18.7 What is customary law in Aboriginal and Torres Strait Islander Peoples’ communities?
Aboriginal and Torres Strait Islander readers are advised that this topic may contain photos of, or references to, people who have died.
LEARNING INTENTION By the end of this lesson you should be able to: • describe some of the ways in which customary laws are significant to Aboriginal and Torres Strait Islander cultures • outline examples of how customary law is practised within the legal system today.
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Aboriginal and Torres Strait Islander Peoples recognise ‘payback’ as an element of customary law. Traditional punishments include spearing and singeing a person. Though the man in FIGURE1 is just giving a demonstration, imagine that he is about to deliver ‘payback’. 1. As a class, discuss what you think happens during a spearing. 2. Brainstorm ideas about what is meant by spearing and singeing aperson. 3. Discuss whether you think this sounds like a suitable way to deliver justice.
FIGURE1 Spearing is a possible punishment within customary law.
TOPIC18 Laws and citizens 547
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