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cooperative learning
Objectives
As a result of this lesson, the student will be able to:
1) explain the purpose of a final appellate court.
2) outline the context of the emergence and or use of the Caribbean
Court of Justice and the Privy Council.
3) appreciate the importance of the functions of the Privy Council.
4) appreciate the importance of an independent appellate court in a
democratic country.
Important Points
1) The Privy Council is an English based court in the House of Lords
which hears final appeals for countries in the British
Commonwealth. Like other appeal courts, it has the power to
amend or return judgements made by courts lower than itself
within the British Commonwealth, including Jamaicas court
system.
2) Only cases which have critical financial and or legal implications
are normally granted hearings in the Privy Council.
3) An independent appellate court provides an objective check on the
local judicial system. The Privy Council was the logical option as
Key Terms
Challenge Areas
Write and seek publication for an article explaining and justifying your
informed view about the proposal to adopt the CCJ as our final
appellate court in Jamaica. Your article must reflect knowledge of the
origin and purpose of each appellate court and the advantages and
disadvantages of using either court in Jamaica.
OR
Many argue that commissioned enquiries into cases involving the
government are just for show and are a waste of money. In an essay:
1. Give your views on this argument; and
2. Explain the possible roles that the Caribbean Court of Justice
can play in regulating our governments activities.
Note to Teacher
It is likely that some students will find this lesson a bit difficult as it
means that they must have an early introduction to regional integration
via the CSME. Many probably have heard about it but do not fully
understand it. Keep your coverage of the issue simple and avoid
unnecessary details. Also, ensure that students remain objective in
their contributions especially as we consider the proposal for complete
independence from Britain and our relationship with other countries in
the Caribbean.
b. Explain that these two sentences are reserved for the most
serious crimes such as treason, murder and rape.
Ask them what they think about these sentences:
i. How effective do you think each is?
Possible answer: Answers here should speak to
how well they deter prospective criminals as well as
prevent convicted criminals from repeating their
crimes.
ii. In what situations do you think it is morally
acceptable to administer these kinds of punishment?
Possible answer: Consider carefully the answers
given. Students may be influenced by their
religious views, their parents and other factors.
They may or may not believe that the death penalty
is suitable at any time at all. Their answers must
however, go beyond the value of tax dollars used to
keep prisoners in prison or to perform the death
penalty.
iii. What alternatives can we consider for the death
penalty?
Body of Lesson
1) What are our options for appellate courts?
Privy Council
http://www.jcpc.gov.uk/
http://www.parliament.uk/documents/commons/lib/researc
h/briefings/snpc-3708.pdf
http://www.jamaicaobserver.com/news/NTCS-case-
going-back-to-UK-based-Privy-Council_11674404
http://www.jamaicaobserver.com/westernnews/Family-
seeks-UK-justice---Wants-hijacker-s-conviction-
overturned_11765087
http://www.jamaicaobserver.com/news/Privy-Council-
hits-Digicel_7347055
http://www.jcpc.gov.uk/about/role-of-the-jcpc.html
Possible answers:
1. Donald Phipps appealed convictions and
sentences for double murder on the basis of
insufficient evidence (Criminal case)
2. Government and the NTCS. Pertains to termination
0f licence issued the NTCS in order to reinforce the
JUTC (Industrial matter )
3. Stephen Frays Family Reconsider the guilty
ruling of their son who Hijacked a plane. The
appeal is on the grounds that Stephen Fray is a
paranoid schizophrenic.
4. Digicel and the OUR Regarding ministerial
direction in telecommunications market and the
OURs support thereof.
5. Commissioner of Taxpayer Audit and Assessment
versus the Cigarette Company of Jamaica
http://jamaica-
gleaner.com/gleaner/20120701/focus/focus2.html
http://iml.jou.ufl.edu/projects/spring06/watson/privycouncil
.html notes why there is increased desire for the CCJ
http://www.jamaicaobserver.com/news/Six-reasons-why-
there-s-no-need-for-Privy-Council--CCJ-
referendum_11790305
Closure
In Class Assignment
1) Have the students complete the task below in their groups:
a. Write an essay of maximum 250 words explaining the
role of an appellate court and your main reasons for
Supplemental
Out-of-Class Assignment
1) Read one of the articles introduced on the page below.
http://gleanerblogs.com/haveyoursay/?tag=privy-council
Glossary of Terms
Recommended Materials
http://www.ziplaw.com/constitu/constitu.htm - Regarding the
constitution
http://www.caribbeancourtofjustice.org/
http://www.caricom.org/jsp/community/ccj.jsp
http://www.jcpc.gov.uk/
Bibliography
Brathwaite, S., Reynolds, P. (2004). Social Studies CSEC self study
and Distance Learning. Caribbean Examinations Council
Source:
http://3.bp.blogspot.com/_fElP1MMY2g8/S85VSNVivMI/AAAAAA
AAAEQ/S5PDfSGEBeE/s1600/lethal-injection.jpg
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OA6tsI6ImQfEJxJSANnfQ77bdj7fDV-m
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psd74054.png