You may have heard something about a proposed change to the Constitution concerning Children's Rights. A lot of people think the Constitution needs updating so children are better protected. Let's look at the issues involved.
Aren't my rights already protected by the Constitution?
Yes. But only very generally. Every citizen has rights under the Constitution. Some rights, under Article 40.3 are unenumerated. This means that they are not expressly written down in the Constitution, but you possess them all the same. These include the right to be fed, the right to shelter, etc.
Children's rights specifically are not listed in the Constitution. What the people who support changing the Constitution want for the government and the courts to promise that in decisions involving children, the best interests of those children will be the most important factor. Right now, under the Constitution, what the children's parents think is the most important factor. While this is important too, some people feel that children (especially vulnerable children, like those who are being abused) should have their voices heard the loudest.
What about what my parents think?
What your parents think will still be very important. But the government and the courts will be able to balance your opinions and theirs, instead of just relying on what your parents think.
Here's a good example of why this is needed: There's a test that's done on newborn babies (called a PKU test) to test for a certain type of disease that can be very dangerous to children if it's not detected early. Doctors can find out if babies have this disease by taking blood from their heel with a small needle soon after they are born. A couple of years ago, the parents of a newborn baby boy (we'll call him Paul) said that it was against their religious beliefs to allow doctors to carry out this test on Paul. Paul's doctors took this case all the way to the Supreme Court (remember that's the highest court in Ireland!) The judges there said that even though Paul's parents were making a very unwise and unsafe decision (because Paul could get really sick) the court could not interfere with that decision.
If children had their own separate article in the Constitution, judges could make wiser and safer decisions for babies like Paul who are too young to have their own say.
Why would people oppose this?
Some people think that this kind of change in the Constitution would limit your parents' rights to make decisions for you. But what it would really do is allow the courts to consider your best interests aswell as what your parents think.
How can I help?
Tell everyone you know that the Government is planning a constitutional referendum to bring children's rights into the Constitution. Ask them to talk about it. Ask them to vote yes!
Thursday, September 29, 2011
Monday, September 26, 2011
Class 2 - Part 3: Where Does It Come From and How Does It Work?
The last lesson in this class was on procedures within the courts: appeals, and precedence.
Appeals
Depending on the outcome of a case, one of the parties may want to appeal the decision of the court. They do this by lodging the case with the court directly above the one they just came from. You can appeal a case on two grounds.
1) Error Of Facts --> if the facts of the case were inaccurately represented; if the judge made a mistake as to what happened
2) Error Of Law --> if the judge applied the wrong law, or applied the law incorrectly, or if he gave incorrect instructions to the jury.
Is the Supreme Court the last resort? Do you know of any other options citizens may have available to them if they lose their case in the Supreme Court?
Citizens can go to the European Court of Human Rights, or the European Court of Justice, but this is a long and costly process and is normally only done in exceptional circumstances.
Precedence
Precedent is the principle in law of using the past in order to assist in current interpretation and decision making. Precedent does not dictate how a new case should be decided, but it can be very important in establishing how courts have viewed a particular law or circumstance in a legal setting.
Generally, judges will follow decisions they have previously given themselves, or decisions of a higher court. Why do you think a judge would follow the decision of a higher court? What would happen if he didn't?
The students here engaged in a debate: is precedent good? Should we decide each case on its facts, or should we presume that like cases should be treated alike. Discuss the good and bad points of precedent.
Appeals
Depending on the outcome of a case, one of the parties may want to appeal the decision of the court. They do this by lodging the case with the court directly above the one they just came from. You can appeal a case on two grounds.
1) Error Of Facts --> if the facts of the case were inaccurately represented; if the judge made a mistake as to what happened
2) Error Of Law --> if the judge applied the wrong law, or applied the law incorrectly, or if he gave incorrect instructions to the jury.
Is the Supreme Court the last resort? Do you know of any other options citizens may have available to them if they lose their case in the Supreme Court?
Citizens can go to the European Court of Human Rights, or the European Court of Justice, but this is a long and costly process and is normally only done in exceptional circumstances.
Precedence
Precedent is the principle in law of using the past in order to assist in current interpretation and decision making. Precedent does not dictate how a new case should be decided, but it can be very important in establishing how courts have viewed a particular law or circumstance in a legal setting.
Generally, judges will follow decisions they have previously given themselves, or decisions of a higher court. Why do you think a judge would follow the decision of a higher court? What would happen if he didn't?
The students here engaged in a debate: is precedent good? Should we decide each case on its facts, or should we presume that like cases should be treated alike. Discuss the good and bad points of precedent.
Thursday, September 22, 2011
Class 2 - Part 2: Where Does It Come From and How Does It Work?
- Having discerned Who's Who In The Courts, we moved on to the courts themselves. We talked about the difference between civil and criminal cases.
Criminal actions are taken by the State, usually through the Director of Public Prosecutions. They generally deal with things considered wrong or illegal, such as murder, rape, theft or robbery. The aim of the criminal law trial is to punish a wrongdoing, usually through a jail sentence or a fine. In criminal cases, the DPP is usually the first party: i.e. DPP v. Lee, DPP v. Lynch
- We then moved on to the differences between the Courts in Ireland.
1. District Court
The District Court deals with civil actions where the compensation claimed is not more than €6,350. It also deals with liquor licensing cases and a wide range of family law cases, including custody and maintenance orders. In criminal matters, the District Court deals with drunk driving, speeding, assault and criminal damage. In these criminal cases, there is no jury, just a judge sitting alone.
2. Circuit Court
The Circuit Court deals with civil actions where the claim does not exceed €38,000. It also deals with cases that relate to divorce and separation. In criminal matters, the Circuit Court sits with a judge and jury and can deal with all criminal matters except the most serious crimes (murder and rape.) The Circuit Court also hears appeals from the District Court.
3. High Court
The High Court is based in Dublin and has the power to hear all cases but usually only hears those that cannot be dealt with by the lower courts. In civil actions, it has primary jurisdiction (hears the case for the first time) where the claim exceeds €38,000. It hears appeals from the Circuit Court in civil matters.
3(b): The Central Criminal Court
When the High Court is dealing with criminal cases, it is known as the Central Criminal Court. It tries the most serious criminal offenses, such as murder and rape, which the Circuit Court cannot deal with. A judge and jury try these cases. The Central Criminal Court has travelled to a number of venues outside Dublin including Cork, Limerick, Sligo, Waterford and Mayo.
4. The Special Criminal Court
Consists of three judges sitting without a jury and mostly deals with criminal cases involving terrorist organisations. It was established specifically to try cases relating to the IRA without juries who may be too scared to be involved in those cases. Recently, the Special Criminal Court has heard cases relating to organised crime and drug charges. This has caused a lot of controversy. Why do you think this is? It is because trial by jury is an express right provided for in the Constitution, and people are denied this right in the Special Criminal Court.
5. The Court of Criminal Appeal
Hears appeals relation to criminal convictions or sentences from the Circuit Court, Central Criminal Court, or the Special Criminal Court.
6. The Supreme Court
The Supreme Court is the highest court in Ireland and hears appeals from the High Court and occasionally from the Court of Criminal Appeal. Under Article 26 of the Irish Constitution, the President of Ireland may refer a Bill that the government wants to pass to the Supreme Court, so that the judges may decide if the Bill is in accordance with the constitution.
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| The students each drew a flowchart outlining the path of a case through the Irish Courts system. A large copy of this, outlining the route of the appellate system, is included in the Let's Look At The Law resource pack. |
Monday, September 19, 2011
Class 2 - Part 1: Where Does It Come From and How Does It Work?
- The class started with the students contributing rules for the Constitution, which they decided to name The Classroom Declaration of Human Rights. It included crucial rules for our classroom, including 'No Murder.' Each student wrote a rule, then signed it, and we hung it up in the classroom every week. We enjoyed being the framers of our own constitution. (The students would frequently refer to the CDHR in the weeks coming, including making an amendment to it a few weeks in!)
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| The Classroom Declaration of Human Rights |
- The main body of this class focused on the Courts and the various people involved in the law. The children talked about relatives they had who had different jobs in the legal profession (several of the children had parents who were solicitors or barristers.) We then went through each person involved.
A. The judge is in charge of court proceedings and decides any legal issues arising in the case. If the case does not involve a jury, the judge also decides questions of fact, such as the guilt or innocence of the accused, or which party wins in a civil action. According to the Constitution, Article 35.1, judges are appointed by the President (do you think this means the President can just pick her friends to be judges? Who would make a good judge?) however under Article 13.9 of the Constitution, the President must pick judges on the advice of the Government. Judges are chosen from barristers or solicitors who have been practising law for at least ten years.
B. The registrar sits in front of the judge and records any orders made by them. The registrar also swears in the jury and administers the oath to witnesses.
C. The stenographer is responsible for accurately recording everything that is said in court during the case, including any evidence given by the witnesses. This record is known as a transcript.
D. The witness sits to one side of the judge and gives testimony in open court.
E. The jury sits together on one side of the courtroom where jurors have a clear view of the judge and any witnesses. A jury is present in serious trials. Before 1976 only people who owned property could sit on juries but this was held to be unconstitutional (not in line with the provisions of the Constitution) and now anyone who can vote can serve on a jury. Ireland have allowed women to vote since 1922.
Certain people are not allowed to serve on juries: the President, judges or former judges, lawyers, police officers, people who cannot read, people who suffer from mental illness, people who work in forensic science laboratories (why do you think this is?)
Other people may be excused from jury duty if they meet certain criteria: members of the government, practising doctors, nurses, vets, midwives or pharmacists. (why do you think this is?) It is generally because they do a job that nobody else can do.
F. The tipstaff is a special assistant to the judge. One of their duties is to announce the arrival and departure of the judge from the courtroom.
G. At the starting point of most cases, a person must first consult a solicitor. Can you think of any reason why you would go to visit a solicitor if you haven't committed a crime, or been the victim of a crime? --> making a will.
Many solicitors do not become engaged in advocacy; that is, they do not present a case before a judge. In general, they instruct a barrister to appear in court. They prepare all the papers for a case and handle all the correspondence between their client and the other person in the case. They also obtain reports from expert witnesses, like doctors and engineers. The solicitor also talks with the barrister in relation to what is required at court.
H. For the most part, you cannot just walk into an office and hire a barrister. Barristers will give legal advice after they have been hired by a solicitor. They are usually referred to as Counsel (have you ever heard somebody say 'Counsel for the Defence?') The barrister's role is to argue the client's case, by asking questions of witnesses and examining their evidence.
B. The registrar sits in front of the judge and records any orders made by them. The registrar also swears in the jury and administers the oath to witnesses.
C. The stenographer is responsible for accurately recording everything that is said in court during the case, including any evidence given by the witnesses. This record is known as a transcript.
D. The witness sits to one side of the judge and gives testimony in open court.
E. The jury sits together on one side of the courtroom where jurors have a clear view of the judge and any witnesses. A jury is present in serious trials. Before 1976 only people who owned property could sit on juries but this was held to be unconstitutional (not in line with the provisions of the Constitution) and now anyone who can vote can serve on a jury. Ireland have allowed women to vote since 1922.
Certain people are not allowed to serve on juries: the President, judges or former judges, lawyers, police officers, people who cannot read, people who suffer from mental illness, people who work in forensic science laboratories (why do you think this is?)
Other people may be excused from jury duty if they meet certain criteria: members of the government, practising doctors, nurses, vets, midwives or pharmacists. (why do you think this is?) It is generally because they do a job that nobody else can do.
F. The tipstaff is a special assistant to the judge. One of their duties is to announce the arrival and departure of the judge from the courtroom.
G. At the starting point of most cases, a person must first consult a solicitor. Can you think of any reason why you would go to visit a solicitor if you haven't committed a crime, or been the victim of a crime? --> making a will.
Many solicitors do not become engaged in advocacy; that is, they do not present a case before a judge. In general, they instruct a barrister to appear in court. They prepare all the papers for a case and handle all the correspondence between their client and the other person in the case. They also obtain reports from expert witnesses, like doctors and engineers. The solicitor also talks with the barrister in relation to what is required at court.
H. For the most part, you cannot just walk into an office and hire a barrister. Barristers will give legal advice after they have been hired by a solicitor. They are usually referred to as Counsel (have you ever heard somebody say 'Counsel for the Defence?') The barrister's role is to argue the client's case, by asking questions of witnesses and examining their evidence.
I. The Gardaí. Investigations into crime, both minor and serious, are carried out by the Gardaí. In major cases, the offences are investigated by the Gardaí and their files on the case are then sent on to the Director of Public Prosecutions (DPP) who determines whether or not there should be a court case.
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| I printed off this document for the class, available from www.courts.ie |
Friday, September 16, 2011
Useful Information
Something I didn't discover until week 2 of this class was the amazing resources provided for free from The Courts Service (www.courts.ie) This website provides interesting statistics, explanations and links to other legal websites.
The best resource however is the Let's Look At The Law Teaching and Resource Pack. Designed for secondary school students, this pack contains lesson plans, dvds, scripts for Mock Trials and posters detailing the hierarchy of courts and sources of law.
It's available for free from the Courts Service.
Write to: The Courts Service Information Office,
Phoenix House, 15/24 Phoenix Street North
Smithfield, Dublin 7
Telephone: +353 1 888 6459
Email: publicationsunit@courts.ie
- Go to www.courts.ie, choose English, and then look at the bottom right for a section entitled 'Schools'
The best resource however is the Let's Look At The Law Teaching and Resource Pack. Designed for secondary school students, this pack contains lesson plans, dvds, scripts for Mock Trials and posters detailing the hierarchy of courts and sources of law.
It's available for free from the Courts Service.
Write to: The Courts Service Information Office,
Phoenix House, 15/24 Phoenix Street North
Smithfield, Dublin 7
Telephone: +353 1 888 6459
Email: publicationsunit@courts.ie
This is a definitely recommended resource, and can be mailed out in a fortnight.
Thursday, September 15, 2011
Class 1 - Part 2: Irish History Lesson
I wasn't really able to find a fun way of doing this, so I just tried to make it short and snappy, while inviting commentary from the class, asking questions (based on what they would have known from the national school curriculum) and telling funny or shocking stories. There is definitely room for improvement in this lesson. Consider a cartoon or a video, or even allowing each student to read rather than the teacher reading. Below, find a slideshow of the Irish History lesson. (To see the slideshow in larger form, click on view on Slideshare in the lower left corner. You'll be taken to slideshare.com and you should be able to see it there.)
At the end of the history lesson, we talked about the importance of rules in society, and decided to make a classroom constitution. I asked every student to come up with a rule for class which, at the beginning of the next lesson, they could inscribe onto our classroom constitution.
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