hij Teacher Resource Bank CIST 3 Teachers Tool Kit GCE Citizenship Studies Unit 3: Power and Justice

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1 hij Teacher Resource Bank GCE Citizenship Studies Unit 3: Power and Justice CIST 3 Teachers Tool Kit Outline Scheme of Work Activities for Students Student Handouts Teachers notes Exam-style Questions Guidance on Marking Copyright 2010 AQA and its licensors. All rights reserved. The Assessment and Qualifications Alliance (AQA) is a company limited by guarantee registered in England and Wales (company number ) and a registered charity (registered charity number ). Registered address: AQA, Devas Street, Manchester M15 6EX.

2 Teachers notes on how to use this resource These resources are intended to help teachers when planning lessons and for setting work for students to complete. An outline Scheme of Work is provided as a planning aid, but you should adapt this to suit your circumstances. The activities are intended to stand alone and are not linked with any specific textbook. They are not intended as a substitute for teaching and are unlikely to be effective without the guidance and encouragement of an appropriately trained teacher, who also needs to ensure that students have the background knowledge to undertake the tasks. An indication of the taught component is included here for each activity. The activity sheets can be photocopied for students use. Although remaining the copyright of AQA, they can be customised and updated to include local examples and to take into account recent events. We would ask that if you update the work sheets by including amendments to website addresses that you pass them on to AQA to enable us to improve this resource for future use. Comments, corrections or other feedback would also be welcome. Each activity encourages students to engage directly with a variety of organisations and professional groups such as the Police (Activity 2), the Crown Prosecution Service (Activity 3), judges and magistrates (Activity 4), MPs and Councillors (Activity 7) or political parties (Activity 10). Less direct methods involve the use of internet sources to investigate miscarriages of justice (Activity 5), recent Prime Ministers (Activity 12) or the UK s involvement in the global village (Activity 13). Many activities involve a formal debate involving students and/or invited speakers, such as the appropriateness of custodial sentences for young offenders (Activity 6), the fairness of the First Past the Post system in general elections (Activity 8) and the future of conventional political parties (Activity 9). You can use the exam-style questions for homework or classroom completion. Some marking guidance is provided which should be used in conjunction with the mark schemes available on the AQA website. Remember, though, these are not actual questions from past or future papers and as such have not been subject to the scrutiny procedures in place for actual exam questions. They should therefore be regarded as indicative only. Note that in an actual exam, two questions on the same (or similar) topic would be unlikely to appear together. 2

3 CONTENTS Outline Schemes of Work for Section A and Section B page 4 SECTION A: Crime, Justice and Punishment Activity 1 What is a crime and who becomes a criminal? 11 Activity 2 What are the powers of the police to prevent and detect crime? 17 Activity 3 What is the role of the CPS and what happens in a trial? 23 Activity 4 Activity 5 Activity 6 Who makes the decisions in court judges, magistrates or the jury? How can you balance the interests of society with those of the accused and what can be done about miscarriages of justice? What is the purpose of sentencing, with particular emphasis on young offenders? SECTION B: Politics, Power and Participation Activity 7 How representative are your representatives and to whom are they accountable? 46 Activity 8 How do different voting systems work and which is best? 53 Activity 9 Should we be concerned about citizens lack of involvement in politics? 59 Activity 10 What do the political parties stand for? 66 Activity 11 Is Parliament still powerful? 73 Activity 12 How powerful is the Prime Minister? 78 Activity 13 What is the role of the UK in the global village and what impact do international organisations have on the UK? 84 Each activity includes Student s Handout, Teacher s Notes, exam-type questions and marking guidance. klm Copyright 2010 AQA and its licensors. All rights reserved. 3

4 CIST 3 OUTLINE SCHEME OF WORK Section A: Crime, Justice and Punishment Week No 1 Theme (question based on spec 2 Student Activities 3 Knowledge Outcomes 4 (AO1 from spec) Skill Outcomes 5 1 What is a crime and who becomes a criminal? Task 1 Research crime stats and complete work sheet linking crime to typical criminals. Different approaches to defining criminal conduct. The purpose of criminal law and its role in society and the community. Crime and morality. Crime as an offence against the community. Does crime always have a victim? The relationship of criminal behaviour to gender, social class, age, locality and ethnicity. Individual internet research Interpreting and selecting data. Choice of 2 h/w questions 2 What are the powers of the police to prevent and detect crime? Task 2 Research relevant statutes and interview victims and police. The powers of the police to stop and search people in public; to search premises; to arrest, detain and question suspects. The Serious Organised Crime and Police Act. The impact of the Human Rights Act. Research skills. Interview skills Choice of 2 h/w questions 3 What is the role of the CPS? Task 3 (a) Research a recent high profile criminal trial and complete handout on the role of the CPS The role and purpose of the CPS. The Criminal Procedure Rules. Safeguards for suspects and bail. The role of the CPS and the police in charging and prosecuting a suspect. Interview skills. Ethical guidelines. Reporting. Synthesis ethics/ history. 4

5 4 What happens in a criminal trial? Task 3 (b) Using the same trial, include details of trial procedures and the role of legal representation in criminal trials. The purpose of pre-trial hearings in outline. Summary trials and trials on indictment. The role of the prosecution. Disclosure. Plea bargaining. The citizen as victim. The citizen as witness. The Criminal Defence Service. Advice and assistance, advocacy assistance, representation. Public defenders. Duty solicitor schemes. Internet research. Group-work Advocacy Presentations Choice of 2 h/w questions 5 Who makes the decisions in court (1)? The role of judges. Task 4 (a) Research role, social background and appointment of judges, magistrates and juries. The judicial hierarchy. The Constitutional Reform Act The Judicial Appointments Commission. Termination of appointment. Background, ethnic origin, gender and age of judges. Action campaigning skills Communication - synthesis from Active Citizenship in unit 2 6 Who makes the decisions in court (2)? The role of magistrates and juries. Task 4 (b) Research role, social background and appointment of judges, magistrates and juries and complete work sheet. The citizen as lay magistrate (who can be a magistrate; training; financial implications). The function of the jury. When are juries used? Citizens and the qualifications for jury service. Selection of juries. Financial implications. The jury as a safeguard for fellow citizens; the need for impartiality; beyond reasonable doubt. Arguments for and criticisms of the jury system. Research skills Choice of 2 h/w questions klm Copyright 2010 AQA and its licensors. All rights reserved. 5

6 7 How can you balance the interests of society with those of the accused and what can be done about miscarriages of justice? Task 5 Research and share a case study of a recent miscarriage of justice A Ministry of Justice? The purpose of the criminal justice system. Appeals. The Criminal Cases Review Commission. Evaluation and analysis Second of 2 h/w questions 8 What is the purpose of sentencing, with particular emphasis on young offenders? Task 6 Research types and aims of sentencing. Debate on aims of sentencing young offenders The Criminal Justice Act Punishment, deterrence, rehabilitation and reform of offenders, reparation, Custodial sentences, community sentences, fines. Punishment or treatment? The aims of sentencing young offenders. Custodial sentences for young offenders. Community sentences for young offenders. Research skills First of 2 h/w questions Evaluation and analysis Second of 2 h/w questions 6 Copyright 2010 AQA and its licensors. All rights reserved. klm

7 Week No 1 Theme (question based on spec) 2 9 How representative are your representatives? CIST 3 OUTLINE SCHEME OF WORK Section B: Politics, Power and Participation Student Knowledge Outcomes 4 Activities 3 (AO1 from spec) Task 7(a) Complete check list and question local MP, MEP and/or Councillors. Understanding of the term representative democracy. Who speaks for us? The nature of elected posts in the UK. The role and effectiveness of elected representatives (eg councillors, AMs, SMPs, MPs and MEPs) Representatives or delegates? The nature and use of referendums in the UK. Socio-economic background of those elected to public office in the UK. To what extent are those elected representative of the UK population in regard to age, gender, class, ethnicity, employment and disability? To what extent are political parties addressing these issues? Skill Outcomes 5 Individual internet research. Interpreting and selecting data. Choice of 2 h/w questions 10 To whom are they accountable? Task 7 (b) Interview above regarding accountability. Executive, legislative and representative roles of elected representatives. The concept of accountability. Making government accountable: ministerial responsibility, backbench and opposition roles. The role of the courts, tribunals, ombudsmen and other official bodies in holding those elected to account. The role of pressure groups and the media in making representatives accountable both nationally and locally. Research skills Interview skills Choice of 2 h/w questions klm Copyright 2010 AQA and its licensors. All rights reserved. 7

8 11 How do different voting systems work and which is best? Task 8 Research case studies of alternatives to FPTP and debate options. Awareness of the significance of electoral systems used in the UK. Case study of the advantages and disadvantages of the First Past The Post electoral system used in UK parliamentary elections. Use of case studies of the differing systems operating in the UK. Interview skills Ethical guidelines Reporting Synthesis ethics/ history 12 Should we be concerned about the citizens lack of involvement in politics? 13 What do the political parties stand for? 14 Is Parliament still powerful? Task 9 assess effectiveness of elected representative s in a specific campaign. Task 10 Present ideology and major policies of main parties. Task 11 Visit Parliament and witness debate. Political parties as an opportunity for citizen participation. Why should we be concerned about citizens lack of involvement in the political process? How are political parties and government attempting to deal with these issues and how effective have they been? Changing attitude to the citizen s voice being heard. Other methods of participation (eg internet, government departments, local council forums). What is a political party? Nature of the UK party political system. An understanding of the ideological and policy stands of the major UK political parties. To what extent is ideology still important? What is Parliament? The composition and main roles of Parliament: representation, legislation, and scrutiny. The relative powers of the House of Commons and House of Lords. How powerful and effective is Parliament in holding government to account? Internet research Group-work Advocacy Presentation skills Choice of 2 h/w questions Advocacy Research skills Choice of 2 h/w questions 8 Copyright 2010 AQA and its licensors. All rights reserved. klm

9 15 How powerful is the Prime Minister? Task 12 Research style of a recent prime minister. Arguments about executive domination of Parliament. The Prime Minister and Cabinet system. Do we have prime ministerial government in Britain? Changing nature of the powers and influence of prime ministers. Evaluation and analysis. Second of 2 h/w questions 16 What is the role of the UK in the global village and what impact do international organisations have on the UK? Task 13 Research role of UK in a specific global issue (link with unit 4) The current role of the UK within key international organisations (eg NATO, United Nations, G8, IMF). Implications of the UK s membership. Impact of these organisations on the life of citizens throughout the world. The role of the EU in regard to international issues. Case studies of EU international participation, eg aid/agricultural agreements. The nature of pressure groups and other NGOs dealing with international issues. The ability of citizens to effect change in regard to an international issue. Research Skills First of 2 h/w questions klm Copyright 2010 AQA and its licensors. All rights reserved. 9

10 Notes on Scheme of Work 1 This Scheme of Work assumes that teaching of the two A2 units (CIST 3 and CIST 4) will take place over one academic year and that at least 32 weeks will be available for the total A2 teaching, excluding induction and revision. It assumes about four guided learning hours each week (ie learning is led by or supervised by a suitably-qualified teacher). Further unsupervised learning is expected to enable students to complete research and essay-based tasks as homework. It also assumes that one teacher will cover both A2 units and that half of the available time will be spent on each unit (they each contribute 25% of overall A level marks). If different teachers are delivering separate units, then you will need to adjust the S of W accordingly. 2 The theme questions are based upon those in the specification and reflect the issues that you can expect to find in the examination paper. You are recommended to cover all of the topics in the specification. When students are studying three or even four other subjects, it is difficult to avoid some trade-off between breadth and depth. You will need to decide on the balance, taking into account your own areas of interest and expertise, your students motivations and abilities, and the resources available in your institution and wider community. Although students have a choice of one pair from three pairs of questions in each section, these questions can be taken from any area of the specification and each pair can include different topics. Students may be well prepared for a specific topic only to find that it is paired with one that they are less well prepared to cover. 3 The activities are described in detail on the student activity sheets and suggestions are provided for the teacher on how to support and direct these activities. They are not intended as activities which students can complete without any guidance. The activities here are designed either to be completed quickly by students within class time or to be expanded into a major event involving other students. 4 The knowledge outcomes include understanding of concepts/issues and it is anticipated that this will involve a combination of direct teaching and student-centred learning, the exact balance to be determined by the individual teacher. The teachers notes include exam-style questions which can be set for students to complete at the end of each activity, together with guidance for the teacher on how to mark these. 5 The skills outcomes are essentially those that cannot be taught directly but need to be developed by the student s own engagement with the subject material. Citizenship lends itself to this type of learning. However, this does not mean that the teacher s role is passive; the creation of opportunities for students to practise these skills and to develop them effectively is as much a part of a citizenship teacher s skill-base as specialist subject knowledge. 10

11 SECTION A CRIME, JUSTICE AND PUNISHMENT CIST 3 STUDENT S ACTIVITY SHEET ONE Key Question What is a crime and who becomes a criminal? Background/Context: Defining exactly what constitutes a crime and identifying a criminal is not as easy as it may seem. Are you a criminal if you illegally download music from an internet site, even if you are never caught? What if you did not realise what you did was against the law or if the law itself is widely broken? Is a seventeen-year-old-boy who has sex with a fifteenyear-old-girl who lied about her age, actually a paedophile? If the girl later claims that she did not give her consent, is he then a rapist? Unfortunately (or fortunately), most criminals do not fit the stereotypes we hold of them. Crime statistics can be very helpful in revealing links between different types of crime and the gender, social class, age and ethnicity of criminals but it is important to recognise that these are broad averages and there can be more examples of cases that do not fit the typical pattern than those that do. Your Task: Investigate two types of crime from the list below. You do not need detailed crime statistics: a simple indication of who is most likely to commit each crime will do. Crimes could include: rape, GBH, fraud, vandalism, possession of class B drugs, inciting religious intolerance etc. Complete the Crime 1 and Crime 2 columns on the table overleaf. Then research a specific example of one of these crimes. You can find out about a specific crime by reading newspaper accounts of criminal trials. If possible, you should also arrange to visit your nearest criminal court to witness a trial in progress. You can do this as an individual or as part of a small group. Answer the questions below regarding this specific example. Why is this criminal behaviour? What law has been broken? How does this law protect the community/victim? Who was the victim in this case? In what way could this behaviour be described as immoral? Is this a crime against a specific sector of society? If so, which? klm Copyright 2010 AQA and its licensors. All rights reserved. 11

12 Having established what profile is typical for the crime you have chosen, then compare your specific case to the typical profile you have identified and then complete the Your Example column. When you have done this you will need to share your findings with those of your class. Hopefully, you will all have tackled different crimes. Type of crime/ criminal Mostly male or mostly female? Crime 1 Crime 2 Your Example Social class (upper/middle /lower/other) Employed or unemployed? Age group? Old/Middle /Young Location? Inner city/ suburbs/rural Ethnicity? 12 Copyright 2010 AQA and its licensors. All rights reserved. klm

13 Exam-style questions Typical exam questions arising from this topic could be the following. Critically examine some of the problems involved in defining crime. (15 marks) The majority of our prison population are males from the lower classes of society. Discuss the relationship between criminal behaviour and one or more of the following; gender, social class, age, locality and ethnicity. (25 marks) Examiner s advice on answering these questions The first question asks you to identify some of the problems involved in defining criminal behaviour and that you analyse each problem you have identified. Use the questions on the previous page as a starting point. A good way to do this is to use examples; these could be the same ones that you have used in the activity above. Ideally, you should be able to use an example to illustrate each point, which is why it is useful to know about the crimes you researched. For the second question, you need to engage with an issue. You could look at the links between crime and social class or ask why most criminals are males. You could discuss differences between crime in rural areas and inner cities, young and old, or different ethnic groups. You could touch on all of them if you want to, or focus on two or three. Whatever you choose to do, you will have to refer to evidence from the crime statistics and you could illustrate these with examples. When you consider possible explanations for these relationships, you can refer to material from your AS studies or other subjects such as law, sociology or psychology. klm Copyright 2010 AQA and its licensors. All rights reserved. 13

14 Teacher s Notes: Task 1 What is a crime and who becomes a criminal? Taught element: Students would need an outline of different approaches to defining criminal behaviour and some discussion of the purpose of criminal law, its role in society and its relationship to morality. The changing nature of morality, cultural relativity and multiculturalism could be introduced into the discussion. Criminal behaviour can be contextualised as an offence against the community, with some discussion of which communities this could impact upon most and the issue of victimless crime. The various elements of criminality should be introduced (gender, age, class, ethnicity. location) and discussed in relation to a range of crimes. A detailed knowledge of legal terminology and specific law is not expected here: an understanding of the citizenship context is all that is required. Learning outcomes Students should have a clear understanding, within a modern context, of what constitutes a crime, and of the relationship between criminality and morality. They will need to understand why some wrongdoing is criminal and some merely gives rise to a civil liability. All of this should be understood in the context of the effect of crime on the community and on the victim. Students need to understand that citizens are both the victims of crime and the perpetrators of crime. In this context, they need to understand, in outline, the reasons why crime is committed and the links between crime and social class, gender, age, etc. Student s activity The task set has two parts which can be done in any order. They should pick two specific crimes and consider how they fit the different definitions of criminal conduct discussed, the issues of who is offended against, relationship to morality and the typical profile of an offender. They should also pick a specific example of a trial of one of these crimes to investigate, either by reading the court reports in their local paper or, if possible, by visiting their local criminal court and sitting in on a trial. This would be a useful experience in any case, particularly if linked with a tour and opportunity to ask questions. 14 Copyright 2010 AQA and its licensors. All rights reserved. klm

15 Marking guidance (note comments in introduction) Critically examine some of the problems involved in defining crime. (15 marks) AO1 Knowledge and Understanding Level 3 (3-4 marks) The response indicates a clear understanding of more than one of the issues involved in defining criminal behaviour. Level 2 (2 marks) Answers will show a partial account and may focus on one problem only. Level 1 (1 mark) Answers will show a limited understanding. AO2 Analysis and Evaluation Level 3 (5-6 marks) Answers should show analysis of more than one issue. Stronger responses may include consideration of how different types of crime are defined differently and examples may be used effectively. Level 2 (3-4 marks) Answers will show partial analysis. This could include the use of examples without any depth of analysis, or evaluation of one issue only. Level 1 (1-2 marks) Answers will show limited evidence of analysis and evaluation. AO3 Communication and Action Level 3/2 (2 marks) The account makes good use of the citizenship terminology associated with this topic. Precise legal terms are not expected. There may be occasional errors of spelling, punctuation and grammar. Level 1 (1 mark) There will be limited use of citizenship terms which may not be developed. Legibility may be poor and errors of spelling, punctuation and grammar could be intrusive. AO4 Synthesis Level 3 (3 marks) Answers demonstrate excellent ability to synthesise knowledge, concepts and/or examples from different areas of the specification or beyond. Level 2 (2 marks) Answers demonstrate at least two of the elements of synthesis as outlined above. Level 1 (1 mark) Answers demonstrate at least one element of synthesis. Note: references to the student s own experience could be credited under AO4 or AO3. klm Copyright 2010 AQA and its licensors. All rights reserved. 15

16 The majority of our prison population are males from the lower classes of society. Discuss the relationship between criminal behaviour and one or more of the following; gender, social class, age, locality and ethnicity. (25 marks) AO1 Knowledge and Understanding Level 3 (4-5 marks) This question invites students to illustrate their knowledge of the relationship between the factors identified and particular types of crime. There could be a lot of detail on one particular element or a breadth of knowledge across a range of factors and/or crimes. Students may make use of examples to demonstrate understanding. Level 2 (2-3 marks) Answers will be partial; some understanding of at least one factor is expected, but it may be rather generic or only relate to a limited range of crimes. Level 1 (1 mark) Credit any relevant basic knowledge (0 marks for no relevant response). AO2 Analysis and Evaluation Level 3 (6-8 marks) A balanced response is expected that evaluates possible causes for identified relationships for specific crimes. Evidence should be used effectively to support statements made. Level 2 (3-5 marks) The response may make limited use of evidence or the points made may be over-generalised or specific to one type of crime only. Level 1 (1-2 marks) Limited analysis of one or two items. AO3 Communication and Action Level 3 (3-4 marks) A range of evidence is selected and organised to reach a valid conclusion. The account makes good use of citizenship terminology and may include elements that relate to students own participation in citizenship activities (eg court visit). Legibility and few, if any, errors of spelling, punctuation and grammar are expected. Level 2 (2 marks) The points made are developed using some appropriate citizenship terminology. Legibility is expected but there may be occasional errors of spelling, punctuation and grammar. There may be some lack of structure. Level 1 (1 mark) Limited use of appropriate citizenship. Legibility may be poor and errors of spelling, punctuation and grammar could be intrusive. AO4 Synthesis Level 3 (6-8 marks) To be in the top band, students should be able to draw on knowledge and theory from other areas of the specification (eg Human Rights from Unit 1) and from their own study of examples of criminal behaviour. Level 2 (3-5 marks) A partial ability to synthesise evidence drawn from any area(s) of the specification and/or from their own research. Level 1 (1-2 marks) Limited evidence of synthesis. 16 Copyright 2010 AQA and its licensors. All rights reserved. klm

17 CIST 3 STUDENT S ACTIVITY SHEET TWO Key Question What are the powers of the police to prevent and detect crime? Background/Context: If you or one of your friends is stopped by the police and searched, do you know your rights? Do you know what happens if you are arrested? If you are a young, black male, this is statistically more likely than if you are old, white or female. You will already be familiar with the Human Rights Act from Unit 1, which protects the rights of the citizen in the UK, but you should also find out about the Serious Organised Crime and Police Act which sets out the procedures and responsibilities of the police. Your Task: Interview someone who has been arrested, cautioned or stopped by the police. Find out from them exactly what happened (remember their account may be biased) and check this out with your understanding of the Human Rights Act and the Serious Organised Crime and Police Act. In your view, were their rights abused and did the police follow the appropriate procedures? If you cannot get hold of someone who has been arrested, cautioned or stopped then you could use the internet to find examples such as or Whatever source you use, you need to evaluate the evidence and the reliability of the source carefully. Once you have completed your interview, share and discuss your findings with your class and prepare a set of questions to put to a police representative. The questions need to refer to specific aspects of law but cannot refer to specific cases. The police will generally not be able to comment on specific cases for legal reasons which they can explain. Once you have a list of questions, you should invite a representative of your local police force to come and talk to you and take part in a Q and A session; there will be someone locally whose role involves this type of work. You could also invite other interested students along. You may need to be persistent and well prepared in your questioning but avoid making it into an argument. If the meeting becomes confrontational, you are more likely to hear what should happen than what can go wrong. klm Copyright 2010 AQA and its licensors. All rights reserved. 17

18 The areas you could consider asking questions about could involve: What are the powers of the police to stop and search people in public? Why are more young people stopped than older people? Why are some ethnic minorities more likely to be stopped than others (be specific here)? I know someone who claimed that the police.. could this have happened? Can you search premises without a search warrant? If you suspect that someone has class B drugs, what are your powers? 18 Copyright 2010 AQA and its licensors. All rights reserved. klm

19 Exam-style questions Typical exam questions arising from this topic could be the following. Critically examine some of the powers of the police to prevent and detect crime. (15 marks) Recent legislation has made the UK more like a police state, where the police can do more or less as they please! Discuss the role of legislation in limiting and defining the powers of the police and protecting the rights of the citizen. (25 marks) Examiner s advice on answering these questions The first question requires you to outline and discuss some of the powers of the police such as stop and search, searching premises, detaining and arresting suspects, etc. In each case, you should attempt to explain exactly what these powers are and how they are designed to enable the police to prevent crime. You should also look at the impact on citizens rights. It would help if you could refer to the Human Rights Act and the Serious Organised Crime and Police Act. It would also be helpful to provide examples which illustrate the points you make. Beware of using anecdotal examples which may be one-offs or are unsubstantiated. For the second question, you need to present an argument that addresses the statement. You do not have to agree or disagree completely but you should try to reach a balanced conclusion based on the evidence you present. Case studies of abuse of police powers or of examples when the police were powerless to prevent or prosecute a crime could be used to support both sides of the argument. There must also be some reference to and analysis of the relevant legislation (ie Human Rights Act and the Serious Organised Crime and Police Act). It will not be enough to state the legislation: you should also attempt to evaluate its effectiveness, application and interpretation. You may find instances where two pieces of legislation are actually in conflict with each other. You could refer to the answers provided by your police representative or/and from your interviews, but you should ensure that you are critical enough to recognise that each source has a particular bias because of their situation. klm Copyright 2010 AQA and its licensors. All rights reserved. 19

20 Teacher s Notes: Task 2 What are the powers of the police to prevent and detect crime? Taught element: Students will need an outline of the main police powers: (to stop and search people in public, to search premises, to arrest, detain and question suspects). They will need a reminder about the Human Rights Act (covered in Unit 1) and an outline of the Serious Organised Crime and Police Act. Discussion could focus on the purpose and appropriateness of these powers, given the issues discussed in the previous task. Learning outcomes In the context of citizenship, students should understand the role of the police in detecting and preventing crime. In particular, they should understand the powers of the police to stop and search suspects, to search premises, to arrest, detain and interrogate suspects. They should understand the powers of the police to search premises without a warrant. They should understand the powers of arrest contained in the Serious Organised Crime and Police Act 2005 and the arguments in connection with these. They could also be aware of the main provisions of the Police and Criminal Evidence Act 1984 (as amended), the Criminal Justice and Public Order Act 1994 and the Anti-Terrorism Crime and Security Act 2001, but these are not essential. They should be aware of the human rights issues raised by these topics and be able to refer to the Human Rights Act. Student s activity Students can interview someone, in their own time, who has been arrested, cautioned or stopped by the police. They would be expected to share their findings with the group and discuss the reliability and possible bias of the source. A meeting with a police representative will probably need to be coordinated by the teacher, who should be present throughout. Most police forces will be only too willing to send someone along. It might be helpful if they had some idea of the type of questions to expect so they can ensure that they have useful and accurate answers. 20 Copyright 2010 AQA and its licensors. All rights reserved. klm

21 Marking guidance (note comments in introduction) Critically examine some of the powers of the police to prevent and detect crime. (15 marks) AO1 Knowledge and Understanding Level 3 (3-4 marks) The response indicates a clear understanding of more than one of the police powers involved in preventing and detecting crime, eg to stop and search people in public, to search premises, to arrest, detain and question suspects. Reference to legislation is not essential for top marks (but it would help). Level 2 (2 marks) Answers will show a partial account, may focus on one power only. Level 1 (1 mark) Answers will show a limited understanding. AO2 Analysis and Evaluation Level 3 (5-6 marks) Answers should show analysis of more than one power. Stronger responses should consider the appropriateness of these powers in different contexts: examples may be used to illustrate evaluative points made. Level 2 (3-4 marks) Answers will show partial analysis. This could include the use of examples without any depth of analysis or evaluation of one power only. Level 1 (1-2 marks) Answers will show limited evidence of analysis and evaluation. AO3 Communication and Action Level 3/2 (2 marks) The account makes good use of the citizenship terminology associated with this topic. Precise legal terms are not expected. There may be occasional errors of spelling, punctuation and grammar. Level 1 (1 mark) Limited use of citizenship terms which may not be developed. Legibility may be poor and errors of spelling, punctuation and grammar could be intrusive. AO4 Synthesis Level 3 (3 marks) Answers demonstrate excellent ability to synthesise knowledge, concepts and/or examples from different areas of the specification or beyond, including own research. Level 2 (2 marks) Demonstrate at least two of the elements of synthesis as outlined above. Level 1 (1 mark) Demonstrate at least one element of synthesis. klm Copyright 2010 AQA and its licensors. All rights reserved. 21

22 Recent legislation has made the UK more like a police state where the police can do more or less as they please! Discuss the role of legislation in limiting and defining the powers of the police and protecting the rights of the citizen. (25 marks) AO1 Knowledge and Understanding Level 3 (4-5 marks) A wide-ranging knowledge of the powers of the police and a good understanding of at least one area of relevant legislation is expected for this band. Students may make use of examples to demonstrate understanding. Level 2 (2-3 marks) Answers will be partial, showing some understanding of police powers but knowledge of legislation may be superficial. Level 1 (1 mark) Credit any relevant basic knowledge (0 marks for no relevant response). AO2 Analysis and Evaluation Level 3 (6-8 marks) A balanced response is expected that engages with the statement and evaluates the role of legislation. Analysis of specific examples could be used to support statements made. Level 2 (3-5 marks) The response may make limited use of evidence or the points made may be rather vague and sweeping. Level 1 (1-2 marks) Limited analysis of one or two items. AO3 Communication and Action Level 3 (3-4 marks) A range of evidence is selected and organised to reach a valid conclusion regarding the role of legislation. The account makes good use of citizenship terminology and may include elements that relate to their own participation in citizenship activities (eg interviews or police visit). Legibility and few, if any, errors of spelling, punctuation and grammar are expected. Level 2 (2 marks) The points made are developed using some appropriate citizenship terminology. Legibility is expected but there may be occasional errors of spelling, punctuation and grammar. There may be some lack of structure. Level 1 (1 mark) Limited use of appropriate citizenship terminology. Legibility may be poor and errors of spelling, punctuation and grammar could be intrusive. AO4 Synthesis Level 3 (6-8 marks) To be in the top band, students should be able to draw on knowledge and theory from other areas of the specification (eg Human Rights from Unit 1) and from their own study of examples of criminal behaviour. Level 2 (3-5 marks) A partial ability to synthesise evidence drawn from any area(s) of the specification and/or from their own research. Level 1 (1-2 marks) Limited evidence of synthesis. 22 Copyright 2010 AQA and its licensors. All rights reserved. klm

23 CIST 3 STUDENT S ACTIVITY SHEET THREE Key Question What is the role of the CPS and what happens in a trial? Background/Context: If someone you know is arrested, make sure you understand what they could expect and how they could ensure a fair trial. You should have an overview of the whole process from charge to sentence, including the role of the defence and that of the prosecution. As well as finding out about the process itself, you should also be asking yourself the sort of questions that should now be familiar to you from your citizenship studies, such as: how does the law protect the right of the accused to a fair trial and the human rights of the witnesses and the victim (or their family)? what safeguards are there to ensure that the ordinary citizen understands what is happening and the consequences of any decision they may be asked to make? does this system adequately meet the needs of contemporary society and is it accessible to all sectors of the community? how does the legal process attempt to address the inequalities of income, education and influence? Your Task: Research a specific trial and answer the questions below. You will also be asked to share your findings with your fellow students and to discuss the issues raised above. You may be able to use the trial you witnessed when visiting the court but you will need to know that you have access to some of the history and, ideally, be able to ask someone questions about it. Alternatively, you may like to research a recent high-profile trial that has attracted a lot of publicity, perhaps involving a celebrity or a mass murderer. Answer the questions below regarding this specific trial. On what basis did the police arrest the suspect? What was the role of the CPS (Crown Prosecution Service) in this trial? Did the suspect receive bail? If bail was refused, on what grounds? Did the suspect have to be safeguarded in any way? What happened in the pre-trial hearing? Was there a summary trial or trial on indictment? What was the role of the prosecution? Was there any disclosure or plea bargaining? klm Copyright 2010 AQA and its licensors. All rights reserved. 23

24 Who was the victim, who were the witnesses and what rights did they have? What was the role of the CDS (Criminal Defence Service) in this trial? What advice and assistance did the suspect receive (advocacy assistance, representation)? What was the role of the public defenders and/or duty solicitors? Once you have answered these questions, then you can present your findings to the group and be prepared to discuss some of the issues arising. 24 Copyright 2010 AQA and its licensors. All rights reserved. klm

25 Exam-style questions Typical exam questions arising from this topic could be the following. Examine the role and purpose of the CPS in the trial process. (15 marks) Critically consider the extent to which legal representation in a criminal trial can be considered to give all UK citizens the right to a fair trial. (25 marks) Examiner s advice on answering these questions The first question requires you to describe in some detail the role of the CPS in a criminal trial, but the instruction to examine means that you have to go further than that. You also should consider the purpose of the CPS and the extent to which it is effective. You can use examples from your own or other research to illustrate what the CPS does and how well it does it. For the second question you need to engage with the idea that every citizen, regardless of social background, income, education, ethnicity, etc, should have the right to a fair trial. You will need to describe the procedures in place that try to ensure that this is the case (CDS, public defenders, advocacy assistance, other forms of representation, the duty solicitor scheme, etc) and to evaluate the effectiveness of these forms of legal representation in terms of providing an accessible and equitable system. Case studies and examples can be used to support the evaluative points that you make. You should aim to reach a conclusion which answers the question in some way. klm Copyright 2010 AQA and its licensors. All rights reserved. 25

26 Teacher s Notes: Task 3 What is the role of the CPS and what happens in a trial? Taught element: Students would need an outline of the role of the CPS and the prosecution process, as well as the Criminal Defence Service and forms of legal representation. It may be possible to invite a legal professional to visit the class and outline the full picture. Alternatively, you may be able to include this as part of a visit to the courts. Whatever form it takes, students should be encouraged to think critically from a citizenship perspective about the trial process and the role of the various organisations and professionals involved. Issues regarding human rights, fairness and equality of access to services should all be discussed. Students are not being prepared for a law exam but to answer questions which will focus on the effectiveness of the legal system in meeting the needs of the ordinary citizen. Learning outcomes Students should understand the role played by the Crown Prosecution Service (CPS) and in particular its function in making the decision whether or not to prosecute in individual cases, and the criteria on which that decision is based. They should understand the rights of the individual in connection with bail, including the role of the police and the Magistrates Court in deciding whether or not to release a suspect on bail. Students should understand the difference between summary offences and indictable offences, and be able to give examples of each. They should understand the purpose of the pre-trial hearings involved in the prosecution process. They should understand the duty of disclosure and the role played by plea bargaining. Students should be aware of the ways in which the citizen may be involved in the process as a witness and as a victim, and the human rights issues arising. Students need to have some understanding of the current situation with legal aid in criminal cases (or its equivalent). They may refer to the Access to Justice Act 1999 but do not need to know about the situation prior to They should be aware of how the state funds the defence in criminal cases, the role of the Criminal Defence Service, the state-funded legal services, the role and funding of the duty solicitor, and the role of public defenders. Student s activity The range of knowledge required for this topic could appear rather daunting for students who do not also study law (not to mention teachers). A practical understanding and familiarity with the main features of a criminal trial is all that is expected as the basic knowledge from which to make an evidence-based evaluation of the effectiveness of the legal system in protecting the ordinary citizen either as the victim or as the accused. Ideally, students could gain much of this understanding from their analysis of a specific trial which they could have witnessed on a court visit and have accessed background information which is in the public domain. Should this not be possible, then students could research different high-profile cases and use their findings to discuss the citizenship issues arising. 26 Copyright 2010 AQA and its licensors. All rights reserved. klm

27 Many schools and colleges take part in the Bar Mock Trial competition (visit citizenshipfoundation.org.uk): it may be possible for those students to share their experiences with the group. Marking guidance (note comments in introduction) Examine the role and purpose of the CPS in the trial process. (15 marks) AO1 Knowledge and Understanding Level 3 (3-4 marks) The response indicates a clear understanding of the role of the CPS. Level 2 (2 marks) Answers will show a partial understanding. Level 1 (1 mark) Answers will show a limited understanding. AO2 Analysis and Evaluation Level 3 (5-6 marks) Answers should show evaluation of the purpose and effectiveness of the CPS from a citizenship perspective. Examples may be analysed to illustrate points made. Level 2 (3-4 marks) Answers will show partial analysis. This could include the use of examples without any depth of analysis. Level 1 (1-2 marks) Answers will show limited evidence of analysis and evaluation. AO3 Communication and Action Level 3/2 (2 marks) The account makes good use of the citizenship terminology associated with this topic. Precise legal terms are not expected. There may be occasional errors of spelling, punctuation and grammar. Level 1 (1 mark) Limited use of citizenship terms which may not be developed. Legibility may be poor and errors of spelling, punctuation and grammar could be intrusive. AO4 Synthesis Level 3 (3 marks) Answers demonstrate excellent ability to synthesise knowledge, concepts and/or examples from different areas of the specification or beyond, including own research. Level 2 (2 marks) Demonstrate at least two of the elements of synthesis. Level 1 (1 mark) Demonstrate at least one element of synthesis. klm Copyright 2010 AQA and its licensors. All rights reserved. 27

28 Critically consider the extent to which legal representation in a criminal trial can be considered to give all UK citizens the right to a fair trial. (25 marks) AO1 Knowledge and Understanding Level 3 (4-5 marks) Knowledge of the trial process and some of the different forms of legal representation is expected. May make use of examples to demonstrate understanding. Level 2 (2-3 marks) Answers will be partial, some understanding of legal representation. Level 1 (1 mark) Credit any relevant basic knowledge (0 marks for no relevant response). AO2 Analysis and Evaluation Level 3 (6-8 marks) An analysis of the equality of access is expected with evidence used effectively to support statements made. Level 2 (3-5 marks) More limited use of evidence or superficial analysis. Level 1 (1-2 marks) Limited analysis of one or two items. AO3 Communication and Action Level 3 (3-4 marks) A range of evidence is selected and organised to reach a valid conclusion regarding equality of access. The account makes good use of citizenship terminology and may include elements that relate to their own participation in citizenship activities (eg court visit). Legibility and few, if any, errors of spelling, punctuation and grammar are expected. Level 2 (2 marks) Some appropriate citizenship terminology. Legibility is expected but there may be occasional errors of spelling, punctuation and grammar. There may be some lack of structure. Level 1 (1 marks) Limited use of appropriate citizenship. Legibility may be poor and errors of spelling, punctuation and grammar could be intrusive. AO4 Synthesis Level 3 (6-8 marks) To be in the top band, students should be able to draw on knowledge and theory from other areas of the specification (eg Human Rights from Unit 1) and from their own study of examples of the trial process. Level 2 (3-5 marks) A partial ability to synthesise evidence drawn from any area(s) of the specification and/or from their own research. Level 1 (1-2 marks) Limited evidence of synthesis. 28 Copyright 2010 AQA and its licensors. All rights reserved. klm

29 CIST 3 STUDENT S ACTIVITY SHEET FOUR Key Question Who makes the decisions in court judges, magistrates or the jury? Background/Context: Have you ever fancied presiding over a trial: would you like to pass judgement on someone? Now is your opportunity to work out what your chances are of becoming a judge. If you think that is a little beyond your reach, then what about becoming a magistrate? Do you understand the difference? Perhaps more likely is becoming part of a jury: this is one of your responsibilities as a citizen. It is a serious role so perhaps you should start to inform yourself about where the power lies in the legal system before it is too late. Your Task: Research the background, ethnic origin, gender and age of judges, magistrates and jurors. You should also find out how to get appointed for those different roles and also whether you can be fired. On your visit to the court, you may be able to meet a judge but it would be even better to invite one round to meet your citizenship class and answer a few questions for a change. If you cannot get a judge then you should be able to invite a magistrate who could answer similar questions on their role and explain how judges differ. Someone in your school or college will have been on jury service recently: they would probably be happy to talk about the experience even if they can not reveal all the details. Working as a group, complete this summary table of comparative information. Qualifications needed Average age/ typical gender Social background JUDGES MAGISTRATES JURORS Type of education Typical ethnic origin How appointed? Salary estimate Type of trial Strengths Limitations klm Copyright 2010 AQA and its licensors. All rights reserved. 29