What questions do you have about JUSTICE?

6/9/2014

Do you have any questions about law courts or justice?
We are lucky to have the expertise of two specialist teachers, Mrs Garcia and Mr Cavouras. You will get to meet them when we go on our excursion to the law courts and Migration Museum.
You can submit any questions you have about your learning so far to Mrs Garcia from the Migration Museum or Mr Cavouras from the Adelaide law courts and they will endeavour to answer your questions.

81 Comments

Andrew :p

8/6/2014 09:23:48 am

My question is about the refugees. Why aren't the refugees aloud to come over seas for safety from their own country and why aren't they aloud to come to Australia? Also, why are their countries are being so violent?

I hope you please respond to my questions.

Rosa Garcia

8/11/2014 05:40:37 pm

Hi Andrew. Great questions. I will try to answer them briefly but we will be able to explore them better when you come to the Migration Museum.
OK, here goes. Unfortunately there are many places in the world where some people don't feel safe and have to flee (run away) They do this because they are afraid of being persecuted because of their race, religion, nationality, membership of a particular social group or political opinion and often it is the government of their country or other people in power who are persecuting them.
When a person leaves their country and asks another country for help they are known as an asylum seeker. Once asylum seekers' claims have been checked and it is found that they are truly in danger in their own country, they become refugees.
Australia signed 2 papers: the Refugee Convention in 1954, and the 1967 Protocol Relating to Refugees, in 1973. This means that Australia believes that refugees should be helped - so genuine asylum seekers are allowed to go to countries who have signed these papers and ask for help.
Some people in Australia think that because some of these asylum seekers come to Australia by boat , sometimes without documents that they are 'illegal' and are breaking the law. They don't understand that they have a right to seek asylum in Australia.
Other people in Australia are afraid that some of the people coming to Australia by boat are breaking the law. Genuine asylum seekers are not breaking the law by coming to Australia and asking for asylum (help).
Some people in Australia are a bit scared of people who are different and may be worried about refugees taking jobs or bringing different customs and beliefs to Australia. Usually they are scared because they aren't very well informed. The great majority of asylum seekers who come to Australia are found to be genuine refugees, are very grateful to Australia for helping them and contribute positively to Australian life.
Some people who are scared of refugees ( usually because they don't understand the issues) want to change the laws to stop asylum seekers coming to Australia by boat. Some procedures have been put into place to do this. There is a lot of debate in Australia about whether Australia should or should not accept asylum seekers who arrive by boat.

Many countries have wars and violent episodes in their history. Many Aboriginal people would argue that they have had many problems in Australia too - so violence and problems don't just happen overseas.

I hope this has answered some of your questions Andrew. As I said, we will explore this more when you come to the Migration Museum.

Clayton.W

8/6/2014 09:25:39 am

Why do they need security for children when we won't bring anything dangerous in?
What kind of cases will we see?
How many cases will we see on the day?

Peter Cavouras

8/11/2014 11:41:03 am

Clayton, many of us are not aware of what might be seen as a dangerous item or weapon, for example a fork or wine opener or pair of scissors so it is important that all people are subjected to searches. The change in approach actually came about because someone managed to smuggle a knife into court in the past that they used to threaten a staff member and following on from this the events of September 9/11 occurred. You will probably view less serious criminal cases on your visit and hopefully you will get to see 4-5 different cases.

skye

8/6/2014 09:27:00 am

what cases would we see and what might happen?
what things will we see?
will we see how people were convicted of crimes in ancient?civilizations

Peter Cavouras

8/11/2014 11:42:14 am

Skye, please note my response to Clayton's questions. I might refer to how people were treated in ancient times but you won't actually see this.

Janika

8/6/2014 09:27:28 am

What would happen if a child/kid does something illegal?
Do all cases need a Solicitor? What cases need a Solicitor?

Peter Cavouras

8/11/2014 11:46:33 am

Janika, in law children are deemed to be between 10 and 18 years of age. If under 10, they cannot be accused of a crime in SA. When a child between 10 and 18 years, they are treated differently with the emphasis on trying to change behaviour rather than punish. They would appear in a special court known as the Youth Court and generally face lesser penalties in relation to time in gaol or for other criminal behaviour, noting there are some exceptions.
Many people do not appear in court with the aid of a lawyer, either because they cannot afford one or they do not think they need one. This is their choice, but a magistrate will often ask if they want the opportunity to consult one or may even recommend they do before finalising a matter. More serious cases usually require some legal representation.

Riley

8/6/2014 09:28:23 am

Why are there 3 types of courts, The Youth court, The Supreme court and The Magistrates court.

Is there at least a case daily or weekly?

Are there trials for criminal children and do they go to juvenile?

Andrew :p

8/6/2014 09:31:46 am

I agree with Riley's question and criminal children can either go to juvenile or do volunteer work if they did something bad.

Peter Cavouras

8/11/2014 11:50:09 am

Yes Andrew, in terms of punishment, that is one of the options.

Peter Cavouras

8/11/2014 11:49:31 am

Riley, in relation to your question about trials for juveniles, you may like to refer to my reply to Janika. The three levels (not types) of courts in SA are the Magistrates, District and Supreme Court. The Youth Court is a special court attached to the magistrate's court, but having different courts enables them to specialise and hear cases of different severity plus allow people somewhere to go should hey want to challenge the decision of a court in a higher one. This is subject to certain rules however.

brandon

8/6/2014 09:30:12 am

what happens when your accused of murder and you were sent to jail but you really didn't do it

Emily s

8/6/2014 09:35:04 am

You will be DNA tested other wise you serve the jail time either that or I don't know...yet

Peter Cavouras

8/11/2014 12:06:07 pm

Emily, yes DNA testing is one useful way of determining if someone had some sort of involvement in a crime, but it is not always the factor that determines guilt or innocence. In a recent case, I recall the prosecution being able to place a person accused of a crime as someone having had dealings with the victim, but this didn't mean they could conclude they were her killer.

Andrew :p

8/6/2014 09:35:34 am

Brandon's is kind of weird but that makes the judge and the jury wrong.

Peter Cavouras

8/11/2014 12:13:30 pm

Decisions can only be made based upon the information presented in or to a court. It is not an exact science and as a human pursuit there can be errors. I don't think however that the judge or jury for that matter are often wrong and judges speak in favour of the jury system.

skye

8/6/2014 09:37:51 am

at least you know you didn't do it at doesn't matter what others think of you. you know you didn't do it

Peter Cavouras

8/11/2014 12:03:31 pm

An interesting question Brandon and hopefully it doesn't happen too often, but many who are sent to gaol are firm in the belief that they are not guilty. A person called Henry Keogh who has been in gaol for many years has just been given approval for a court to re-consider his case. There is a process of appeal where subject to certain rules you can make an application to have a case re-considered, either in relation to a point of law, an error in law or special circumstances where new evidence may come to light. In many cases, the appeal process manages to sort out most problems, but perhaps what you raise is a reason we no longer have the death penalty in Australia.

Kody

8/6/2014 09:31:34 am

What are the rules of the court?
What kind of evidence will we see?
How long will each case take on the day

Peter Cavouras

8/11/2014 12:16:28 pm

Kody, there are many rules about behaviour and the way in which evidence can be presented, but for our purposes we will need to sit and listen quietly, have mobiles turned off and to not wear caps/hats in the court. In terms of evidence, it is generally in oral (spoken) form, though people may wish to hand up documents or refer to photos. You may even see a case proceed using a video link but the cases we observe should only take 5-10 minutes each.

Carl.G

8/6/2014 09:31:57 am

Why do they base justice on wrong doings,law,religon,equality and fairness.??
What Happens if the criminal said something bad to the judge?

Peter Cavouras

8/11/2014 12:45:02 pm

Carl, justice is not based upon wrong decisions - it is a concept that relates to what people believe to be fair and reasonable in accordance with their values and acceptable standards of behaviour. Many examples of unacceptable behaviour are also unlawful and hence form the criminal law. Laws exist to enable as many of us as possible to be free to conduct our daily affairs in safety, but to do this we too have a responsibility to behave in a certain way.
If someone says something bad to a 'judge' in a court, it may be ignored so as not to make the situation any worse or they could be given more severe consequences or simply taken out of the court by Sheriff's Officers and locked up for a period of time.

aian ;0;)

8/6/2014 09:34:46 am

why do the people have jury?
what do you have to be a jury ?

Peter Cavouras

8/11/2014 12:47:24 pm

Aian, people charged with more serious offences who are committed for trial in a higher court can choose to have a jury. This enables them to be judged by their peers (equals) who are also members of the community. Jurors are adults from the electoral role, not associated with a case or the individuals involved and randomly selected.

Andrew :p

8/13/2014 10:33:45 am

Good response to his question and his name is actually Aidan.

Chief Justice Kourakis

10/1/2014 02:27:41 pm

Juries decide the facts-what actually happened. Judges explain the law to the jury. Juries can then bring in a verdict by applying the law to the facts they have found. Generally the prosecution the defence and the community have greater faith in juries getting the facts right because they have a broader understanding of life and people than a single judge and because their combined wisdom and intelligence is greater than a single judge can ever hope to have.

josh

9/16/2014 12:35:00 pm

hey

Mia

8/6/2014 09:36:30 am

What kind of cases will we see on the day?
what important people in court will we be learning about?

Peter Cavouras

8/11/2014 12:49:42 pm

Mia, you will see a range of criminal cases where people have been accused of committing minor offences e.g. drink driving, stealing, damaging property...
You should learn about the roles of some of the players in a court room, e.g. the magistrate, lawyer, prosecutor, witness...

Jenna xP & Mandy xD

8/6/2014 09:37:46 am

How many schools will be there? Will we be asked what we think about the case? will there be professional people there? What would the security check us for? How long does the cases we will watch go for? how many cases are going to be solved on the one day we will be there? Will any of the cases we see end up sending the offender to prison? is there a really serious case that involves murder or something bad?

Peter Cavouras

8/11/2014 12:53:13 pm

Jenna and Mandy,
You will be the only school that I know of, there on the day. I may ask you about your feelings in relation to a host of things. Cases might go for 5-10 minutes. On an average day in the Adelaide Magistrates Court around 300 criminal cases are heard. You could see someone sent to prison, but tis is a penalty of last resort. What is serous in your eyes may be different for another person, but it is unlikely that on the day you will see a murder trial.

Aaron E

8/6/2014 09:39:22 am

Can a witness be in other room then the suspect, to stay hidden or to stay away from the suspect?

Is there a Youth Court happening daily?

Would there be only one Judge for the rest of the day doing all the cases in that day?

Peter Cavouras

8/18/2014 09:11:47 am

Aaron

It is often the case that a witness appears by video link from another location particularly if they feel threatened by the accused or are uncomfortable. This is often the case with younger witnesses. It must be applied for and approved by the judge however.

The Youth Court runs daily in Adelaide, while in other locations it depends upon the number of matters.

Magistrates and Judges are assigned to different courts for the cases or matters that are listed for each day. For example, while magistrates and judges may hear trials in a court, there are also general courts running or arraignments where one after the other lots of matters are heard before the same Magistrate or Judge.

Amy

8/6/2014 09:39:59 am

why do people go in court for pity little things and how long would they be in jail?

Peter Cavouras

8/18/2014 09:15:32 am

Amy

Courts are really the final destination for someone where a dispute cannot be resolved in another way. They are also places where people charged with offences crimes) have their matters heard. Some of these may be considered as minor but they are still prescribed in law. Some also attract on the spot fines but where these are not paid or a person has a disagreement with the issuing of the fine, then court action could be the result.
It is rare for people to go to gaol for committing minor crimes and even where gaol is a possibility, it is a punishment of last resort.

Bridget

8/6/2014 09:42:28 am

What would happen if the judge had found out a witness was lying

skylah

8/6/2014 09:29:59 pm

they would probably question the witness further to find out anymore information that they werent telling the judge or the jury.

Peter Cavouras

8/18/2014 09:16:28 am

It is a crime to lie in court as a witness and a consequence could be gaol for up to 7 years.

Emily S

8/6/2014 09:43:36 am

What if you were told you did a crime but even the one who said you did it not sure?
If you had to see your own child been tell they did a crime but they were in your hand the time the crime happened? will they get put in court?
and last question what happens you found someone close you did a crime like broke into your house or murder? would you be upset about that it was them someone you know and trust? (anyone can answer this question)

Emily S

8/6/2014 09:43:45 am

Stella

8/6/2014 07:06:36 pm

How often is it that someone will be chosen to be in the jury?

Can children be in the jury?

How many people are there normally in a jury?

Is there only one judge or are there multiple judges?

If you are asked to be in the jury do you have to be in it?

Peter Cavouras

8/18/2014 09:50:18 am

Names of potential jurors are gathered from the electoral roll on an annual basis (about 6000). Each month about 400 of these are selected and sent to the Police Commissioner for review. The list is screened to select those who may be ineligible. Summonses are sent out to approximately 220. This list is then checked by the jury manager and around 140 are called to court, assembled and allocated to groups of 25. People must be between 18 and 70 years of age. At least 12 and not more than 15 make up a jury. Jury trials take place before one judge. While you are required to do jury service, there are situations where it may be put off or where you can be excused.

skylah

8/6/2014 09:26:50 pm

will we learn about any famous serial killings?

Will we learn about any famous serial killers?
a.k.a jack the ripper, hannibal the cannibal

Peter Cavouras

8/18/2014 09:39:06 am

Skylah

In answer to your question, no you won't for two reasons:
1. Those you refer to have occurred outside SA
2. There are not that many of those types of cases - the last I recall being Snowtown c2000

Riley (-:P

8/13/2014 10:31:47 am

why is there a crowd of people that is not involved in the trial but still in the courtroom? I would just think that the court needed to have the people that are involved in the trial to be in a courtroom.

Peter Cavouras

8/18/2014 09:52:20 am

Riley

We have a system of open justice, which means not only should justice be done, it should be seen to be done. Thus in most cases, people are welcome to sit in on a case or matter in court and observe what occurs. Remember, family and friends might also n=be there.

aidan ;0:)

8/13/2014 10:33:29 am

how many people can be for the jury?

Peter Cavouras

8/18/2014 09:53:03 am

See earlier response to Stella

Tayla Marshall

8/25/2014 06:02:24 pm

1. How many witnesses are there all at the same time ?
2. How do you know if the witnesses are pleaing GUILTY or NOT GUILTY ?
3. What is the longest time a person has stayed in Jail or the Law Courts for ?
4. How long does it take to sort the problem out ?
5. How many different Case Lists are there ?

Peter Cavouras

9/9/2014 02:55:08 pm

Tayla
1. Witnesses are called on an 'as needed' basis. By that I mean, each side may have identified particular witnesses whom they wish to call during a trial but will also need to plan for how long they might be required, based on the number of questions to be asked, the level of detail and the likely questioning from the other side. Over a full day, this could be anything from 2 to perhaps 10 or so and they are required to wait outside of the court until called. Once they have given their evidence, they are fee to remain in the court.

2. I think you are confusing accused persons with witnesses. In the General Criminal Court you would have observed, there can be up to 70 matters listed per day (sometimes more). It is possible for a person to appear in relation to a number of matters for example, three different offences. If they have seen a lawyer they may well know whether they intend to plead guilty or not guilty and can tell this to the Sheriff when they enter the court. Some who are appearing in the court for the first time in relation to the matter will still plead guilty. Finding out their intention helps the Clerk (Magistrate's secretary) manage the list for the day.

3. People coming from prison to the courts usually arrive from 0930 in the morning and are there until their case is dealt with and transport back to prison is arranged or they are released. They do not stay overnight in the court cells. Some people who have been sentenced to prison, are there for life.

4. Much of the business in the General Court you observed is dealt with in 5-10 minutes, though some can take 20-30 minutes.

5. In the Adelaide Magistrate's Court on any one day there could be up to 15 courts running, each with a range of matters. Trials are usually assigned to one court each and can run for days, even weeks. Other courts might have a general list for example, Court 2 before a Magistrate and Court 21 before a Justice of the Peace, Court 17 as a Drug Treatment Court with a Magistrate etc. This varies from day to day but on average there are around 330 criminal cases in the Adelaide Magistrates Court each day.

Tayla Marshall

9/21/2014 11:53:08 am

Thankyou Peter for all the information about the Law Courts.
Now I have a good understanding what law is about.

Travis

9/16/2014 12:35:39 pm

how come refugees are treated bad when the come to different countries

Rosa garcia

9/21/2014 04:54:54 pm

Often people treat other people badly because of a lack of understanding and because they are afraid.
In the past Australia treated refugees very well. They didn't have to be locked up in detention centres and the government gave them a lot of assistance. This was the case with the Vietnamese and Cambodian asylum seekers who came by boat in the 1980s for example. In more recent times Australia has a policy of detaining asylum seekers who come by boat in detention centres. This is very hard for asylum seekers who have risked their lives to get here so as to be safe and free.
Some people aren't nice to asylum seekers because they are afraid of their difference or because they think that they might take their jobs or change our way of life. Often when they meet an asylum seeker they stop being afraid and change their minds - but not always.
It is important to remember that Australia has signed a document agreeing to help and protect asylum seekers who make it to our shores.
It is also important to remember that the great majority of Australians (except for Aboriginal and Torres Strait Islander Australians) are descendants of people who left their countries and came to Australia to find a better and/ or safer life.

Rosa garcia

9/21/2014 04:54:59 pm

Rosa garcia

9/21/2014 04:55:08 pm

jarrad

9/16/2014 12:36:53 pm

how many criminals can there be in a court prison

Peter Cavouras

9/30/2014 12:18:12 pm

Jarrad

If you are referring to the actual holding cells within court buildings in the Adelaide Magistrates Court, the bigger cells can hold up to 6 people as a general rule. Prisoners are only housed in these during the day and return to prison or are released depending upon the outcome of their court matter.

In the prisons, for example Yatala, as a general rule not more than 2 per cell.

Jazz and Amity

9/16/2014 12:38:33 pm

Why do the magistrates wear wigs?
When was that tradition thing invented?
Why?

Peter Cavouras

10/19/2014 11:23:27 am

Magistrates do not wear wigs. In fact, it has only been in the last 6-7 years that they have had the option to wear a black robe. Wigs are worn by judges in higher criminal courts though.
In terms of tradition, I am led to believe that it started around the 1700s though they may have worn a three-cornered hat (wig) earlier than this.
Some say wigs are a useful disguise, others say they represent the face of justice. One of the royal family thought they suggested wisdom, but for me it is really about a belief that they look cool.

Harmandeep & Taylor K

9/16/2014 12:38:43 pm

Our questions to Peter and Rosa are how long is Ivan Milat going to be in jail? The Excursion we went on was really fun and interesting but the cases creeped us out

Rosa Garcia

9/21/2014 04:56:41 pm

Thanks you Harmandeep & Taylor K. We really enjoyed your visit.

Peter Cavouras

10/1/2014 11:50:12 am

Harmandeep & Taylor

This case occurred in NSW and there may be differences in their criminal justice system as compared to SA.

For each of the offences of murder Milat was sentenced to penal servitude for life. For the offence of detaining for advantage he was sentenced to penal servitude for six years. Milat has appealed unsuccessfully against his convictions.

This suggests he may never be released.

Liana and Ebony

9/16/2014 12:38:59 pm

We think that learning about how a court works is really interesting and that our excursion to the Magistrates Court was really fun and we enjoyed seeing the trials.

Daniel

9/16/2014 12:39:12 pm

Hi
who came up with the idea of a court?
why did they need a court?
What's the worse sentence in history

Peter Cavouras

10/1/2014 01:04:20 pm

Daniel

A very complicated question and one where the simplest answer might be found in Horrible Histories but essentially English courts (I say this because I am not sure what older societies for example Aboriginal Peoples may have done) date back nearly 1000 years. From around 1200 Judges were really advisors to the King and then evolved to become 'wise men of the realm'.

Courts are places where disputes that have exhausted all other options, maybe heard. They provide a formal space or location for 'court' business but one could argue we don't necessarily need buildings. In the far northern reaches of SA where it is very hot, courts may occur under the shade of a tree so it really becomes an issue of the people you need rather than the actual building.

In the English system, life sentences are generally the worst and I imagine there are examples where people have been given a number of life sentences.

Tayla Marshall & Tamara

9/16/2014 12:39:21 pm

Thank you Rosa and Peter for talking about court and the migration muesem in the past.

We enjoyed it thankyou

From Tayla & Tamara

kyla and stevie

9/16/2014 12:39:41 pm

how much police officers do you need to guard a person who has done something very bad and is very dangerous? kyla and stevie

Peter Cavouras

10/1/2014 01:09:23 pm

The officers you are referring to Kyla and Stevie are probably Groups 4 Officers who work for a private multi national company, while in some of our courts Sheriff's Officers perform this role.

There have been rare occasions where 3, maybe 4 officers have been assigned to a person appearing in court. Generally it will be a case of trying to work out the level of risk, making sure they out-number the person involved and if they are high risk, making sure there is additional support.

On one occasion, I did see an offender hand-cuffed and shackled with a chain around his waist, but this person must have been considered to be extremely dangerous.

At other times STAR-force Police officers may be called to provide additional security.

cameron and best buddy jack

9/16/2014 12:39:50 pm

if some one has committed a crime and have been selected for jury duty before are they able to do it a again or would they not be able to so thanks

from cam and jack

Peter Cavouras

10/1/2014 01:13:33 pm

Cam and Jack

It depends upon the crime, but if the crime is considered to be of a certain type (punishable by imprisonment), then this may prevent people from being eligible to be a juror.

Tia, Shanay

9/16/2014 12:40:10 pm

Hi we have 4 question for peter
Hi i'm Tia What is the longest court case in the magistrates court and what it was about??
Hi I am Shanay and I have a question: Who is the most world wide and is a famous serial killer?? Oh and why do you like your job???

From Tia And Shanay

Peter Cavouras

10/1/2014 01:19:15 pm

Tia and Shanay

Without being 100% accurate, I would say the longest trials in the Magistrate's Court might be 3 weeks for a criminal case. If you want to get technical, preliminary hearings can occur in Magistrate's Courts for serious matters and one of the hearings for the Snowtown offenders ran into months rather than weeks. Non-criminal matters (civil) can also run for months at a time although this would be rare.

The most famous serial killer would probably be 'Jack the ripper' and ye I love my job, especially when I get to work with students like you.

jack hatton hinch

9/21/2014 11:50:40 am

no its not equal because some people don't have rights so that mean NO its not equal

jarrad

9/21/2014 12:03:46 pm

Is justice equal for all?
Yes justice is equal for all because everyone gets a place in the world even if you break the law you won’t be treated like an animal.

Andy Huynh

9/21/2014 12:21:34 pm

Is life fair and equal for everyone?

Life isn’t fair or equal for everyone because some people are very old and people won’t do anything to help them [Old people] most of the time and the old people are trying to make people help them so they can have a longer life. It’s unfair for most old people because everyone wants to have a longer life instead of dyeing , so I think that people should older or younger people.

Zuriel and jack

9/21/2014 12:29:26 pm

its not equal because there are surton s going on in the world witch are very unfair for others so no there is a lot of equality but there is also a bit of unfairness.

Rosa Garcia

9/21/2014 05:02:32 pm

Good comment Zuriel and jack. It is important to strive to make things fair and equal for all in our local community, our nation and in the world. Fortunately we live in a democracy which means that we have some say through our government representatives about what happens in our country.

Peter Cavouras

10/1/2014 01:20:28 pm

...and what is right for one individual or group my not be seen as right by another.

Kyla and Stevie

9/21/2014 12:31:28 pm

We think yes because everybody gets treated the same when they attempt a murder.

D@niel

9/22/2014 02:29:35 pm

life is not equal to everyone because people
get miss treated and some people get more serous trouble depending on who they are and some people some times people get hurt or maybe killed for doing the same thing as an other person but dose not get in as much trouble as other people and that is why it's unfair

What questions do you have about JUSTICE?

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