What do you think of Criminal Defense Barristers?

What do you think of criminal defense barristers?

That question was asked by a Casula High School student this week. It was the most intriguing, thoughtful and provocative question I have been asked; not just by a student but by anyone. Our Legal Studies workshops are curriculum based and work with my experience as a detective, allowing us to tackle the higher order thinking required for the upper Band HSC responses to consider the moral and ethical considerations in the criminal justice system..

Casula High School is a bread and butter western suburbs school in the south west of Sydney. With 1200 students and nearly 80% Non English Speaking background, it has an Index of Community Socio-Educational Advantage (ICSEA) of 953 -  somewhat below the Australian average of 1000. This is fairly typical of many of our Department of Education schools across Australia. Schools below the 1000 mark have increasing access to initiatives to improve their NAPLAN, HSC and career opportunities. Walking into the 1973 built school I was reminded of that ‘brutalist’ architectural movement that remained in fashion for schools well into the 1980s’. It reminded me of my own public education upbringing, for which I am eternally grateful. Casula is also a close neighbour to my Fairfield childhood and Cabramatta policing experiences. It felt like home turf.

Roll-call reveals the sheer breadth of cultural diversity and the combined Year 12 Legal Studies and Year 10 Commerce classes was better than a United Nations Assembly. It probably solved more problems as well! Throughout the day we were peppered with questions and theories that not only drew on their academic knowledge, but their social understanding and international experience. I have always believed that crime and justice is a ‘lingua franca’, an international language that can be applied despite language barriers in our classrooms. Casula embodies this. Their staff embody this.

Every school surprises me with new theories and stories to support our workshops and Casula did themselves proud. It can be challenging to work on one subject, at high intensity for the full 6 hours of their school day, and it is something they are unaccustomed to. It tests and builds endurance.

So when we turned to our Question and Answer segment I was expecting the usual barrage of questions about how many people I’ve shot, how many times I’ve been shot, and if I can dive through the air in slow motion shooting two guns at once like Hot Fuzz? Instead, I was hit with serious questions about policing careers, forensics, mental health impacts and that question. 

It has been my experience that most participants expect me to be anti-defense. That is not the case. This allowed me to build on the lessons of the day that we need to be ‘seekers of the truth’ in everything we do. It is not about building a brief of evidence or gaining a conviction. It is about asking questions and finding answers, without bias or subjectivity. That is how we all want to be treated. Criminal defense barristers are vital. Everyone is entitled to an effective defense and it is the role of the prosecution to prove beyond reasonable doubt. The onus is on them, not for the defendant to prove innocence. Evidence is tested in the criminal justice system, and despite the misgivings of our adversarial system, rigorous defense is essential.

We work with students who have read To Kill A Mockingbird, have a worldview of justice that may be so unlike our own so it is a wonderful opportunity to share learning. Casula High School is a refreshing reminder of what makes this country strong. To Ms. Zeinab Jammas and the entire HSIE team who supported us, to the amazing front office who excitedly ran to the library to have a preview and all the staff who wanted to tell us about their awesome students - we thank you. Thanks also to Principal Gareth Smith for providing these opportunities to these kids and supporting your staff.

These kids are better than they realise. 

It is the responsibility of all of us, not just their teachers and parents to remind them of their potential. 

Don’t ever underestimate these kids.