Civics & Citizenship · Year 6 · Justice and the Legal System · Term 3

Problem Solving: Different Approaches

Students explore that some problems are about fairness between people (e.g., sharing toys), and others are about breaking serious rules (e.g., stealing), requiring different ways to solve them.

• ACARA Content Descriptions
• AC9HASS6K03

About This Topic

Australia uses the adversarial system of trial, a legacy of the British legal tradition. In this system, two opposing sides (the prosecution/plaintiff and the defense) present their case before an impartial judge or jury. For Year 6 students, this topic is about understanding how 'truth' is sought through a structured contest of evidence and argument. It aligns with AC9HASS6K03, focusing on the features of the Australian legal system.

Students learn about the different roles in a courtroom, including the judge, the lawyers, the witnesses, and the jury. They explore the 'burden of proof', the idea that in a criminal trial, you are innocent until proven guilty. This topic is perfectly suited for active learning through mock trials, where students can experience the tension of cross-examination and the responsibility of reaching a verdict based only on the evidence presented.

Key Questions

1. Differentiate between interpersonal disputes and violations of serious rules.
2. Analyze the suitability of various conflict resolution strategies for different types of problems.
3. Predict the outcomes of applying an inappropriate solution to a given problem.

Learning Objectives

• Differentiate between interpersonal disputes and violations of serious rules based on their impact and the actors involved.
• Analyze the suitability of conflict resolution strategies, such as negotiation and formal legal processes, for different types of problems.
• Predict the likely outcomes of applying an inappropriate solution, like mediation for a serious crime, to a given problem.
• Classify scenarios as either interpersonal disputes or violations of serious rules.

Before You Start

Rules and Laws in the Community

Why: Students need to understand the concept of rules and their purpose in maintaining order before differentiating between minor rule-breaking and serious legal violations.

Cooperation and Conflict

Why: A basic understanding of how disagreements arise and the need for peaceful resolution is foundational to exploring different problem-solving approaches.

Key Vocabulary

Interpersonal Dispute	A disagreement or conflict between two or more people, often involving personal feelings or differing opinions, like sharing toys.
Violation of Serious Rules	An action that breaks established laws or codes of conduct, which are designed to protect society and maintain order, such as stealing.
Conflict Resolution	The process of solving a disagreement or dispute in a peaceful and constructive way, using methods appropriate to the problem.
Negotiation	A discussion aimed at reaching an agreement, often used for resolving interpersonal disputes where parties can talk directly.
Formal Legal Process	The established procedures within the justice system, involving courts and laws, used to address serious rule violations.

Watch Out for These Misconceptions

Common Misconception

The judge's job is to find the evidence and solve the crime.

What to Teach Instead

In the adversarial system, the judge is like an umpire who ensures the rules are followed; the lawyers are the ones who find and present the evidence. Mock trials help students see that the judge must remain neutral.

Common Misconception

If you are charged with a crime, you have to prove you are innocent.

What to Teach Instead

The 'burden of proof' lies with the prosecution. Peer discussions about 'reasonable doubt' help students understand that the accused does not have to say anything at all to be found not guilty.

Active Learning Ideas

Mock Trial: The Case of the Missing Lunch

Students conduct a simplified trial for a fictional school-based 'crime.' They take on roles as lawyers, witnesses, and jurors, following the rules of evidence and the adversarial format.

90 min·Whole Class

Think-Pair-Share: Innocent Until Proven Guilty

Students discuss why it is the prosecution's job to prove the crime, rather than the defendant's job to prove they didn't do it. They share how this protects people from unfair accusations.

20 min·Pairs

Stations Rotation: Courtroom Roles

Students move through stations where they learn the specific duties of the Judge, the Jury, and the Lawyers. At each station, they complete a short task, like writing a 'jury instruction' or a 'witness question.'

45 min·Small Groups

Real-World Connections

• A school principal might use negotiation to resolve a dispute between two students over a shared playground item, applying a strategy suitable for an interpersonal dispute.
• If a student is caught shoplifting from a local store, the police and courts would initiate a formal legal process, as this is a violation of serious rules, not a situation for simple negotiation.
• Community mediation services exist to help neighbours resolve disputes over property lines or noise, demonstrating a structured approach to interpersonal conflicts outside of the legal system.

Assessment Ideas

Exit Ticket

Provide students with three scenarios: 1. Two friends arguing over who gets to use the computer. 2. Someone taking a classmate's lunch money. 3. A disagreement about the rules of a board game. Ask students to write 'Interpersonal Dispute' or 'Violation of Serious Rules' next to each scenario and briefly explain their choice for scenario 2.

Discussion Prompt

Present a scenario where a student broke a classroom rule by talking during a test. Ask: 'Is this an interpersonal dispute or a violation of a serious rule? What would be an appropriate way to solve this problem? What would be an inappropriate way, and why?'

Quick Check

Show students a picture of a playground with children playing. Ask them to imagine one child takes another's toy. Then, show a picture of a courtroom. Ask: 'Which picture relates to solving the toy problem? Which picture relates to solving a problem like stealing? Explain why.'

Frequently Asked Questions

What are the best hands-on strategies for teaching the adversarial system?

Mock trials are the most powerful tool. When students have to argue a case or deliberate as a jury, they experience the 'adversarial' nature of the system firsthand. They learn how evidence is contested and how the rules of the court ensure fairness. This active participation makes the abstract concept of 'due process' a lived experience.

What is the difference between a criminal and a civil trial?

A criminal trial is when the state prosecutes someone for breaking a law (like theft). A civil trial is a dispute between two individuals or groups (like a disagreement over a contract or property).

What does a jury do in a trial?

A jury is a group of 12 ordinary citizens who listen to the evidence in a trial and decide whether the accused person is guilty or not guilty based on the facts presented.

Why is the judge called an 'impartial' person?

Impartial means the judge does not take sides. Their job is to make sure the trial is fair, the law is followed, and that they don't let their personal feelings influence the outcome.