Read and carefully analyse the scenario below and answer the questions that follow:
After participating in a competition, Avengers Primary School had won three expensive I-Pads for usage during lessons. Being expensive prized-possessions, the I-Pads were locked safely in a vault next to the principal's office when they were not being used. Many of the students were excited to view these devices and always talked about them. Unfortunately, within two weeks of winning the devices, they were stolen from the vault. Upon investigation, a set of keys was found in the bag of Thanos, a 13 year- old Grade 7 learner at the school. Although he repeatedly stated that the keys were for his personal safe at his home, the investigators found that they were a replica of the original keys to the vault at the school. In addition, some of his fellow classmates stated that they had seen him using an I-Pad after school on his way home. Furthermore, his fingerprints were found on the vault. Thanos, however, continuously denied that he had stolen the devices from the school.
Your assignment should include:
1. A suitable introduction (5 Marks)
2. Content knowledge (discussion of the concept of Geborgenheit, the 'in loco parentis' principle, the crime of theft and the right to privacy.) (15 marks)
· The right to privacy, you explain the measures that will be take e.g discuss things in private, confront in private, the person who committed the crime has to have privacy etc
3. Argument and critical analysis. (how the principle applies to the scenario) (20 marks)
· Use the FIRAC method to respond to the points below:
· With reference to the relevant legislation and case law in regard to the facts of this matter, discuss whether Thanos can be found guilty of theft. Substantiate your viewpoint fully.
· The steps and measures that could be taken following the investigation and what may happen to Thanos if he is found guilty of theft.
4. The escalation of the matter to the Constitutional Court if it is not resolved initially (5 marks)
· Here you explain the different court levels (Magistrate court, high court, supreme court or appeal, constitutional court)
· For example: if the matter is not resolved at school then will it go to the magistrate’s court then they pass it to the next court which is the high court and so on until it reaches the highest court which is the constitutional court.
5. Conclusion and the remedy if the learner is found guilty of theft. (5 marks)
· Here you conclude
· And explain how you going to help the thief that’s found guilty, what measures will be taken e.g. find out if the learner has issues at home, send the learner for counselling, or make the learner do community service and so on.