Students

LAW 109 – Criminal Justice

2016 – S1 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Dr Shireen Daft
Contact via email
W3A 541
Fridays 1-3 pm
Lecturer and Tutor
Elyse Methven
Contact via email
W3A 539
Credit points Credit points
3
Prerequisites Prerequisites
LAW115
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit aims to develop in students a thoughtful and critical understanding of the substance of criminal law, criminal procedure and the administration of criminal justice in contemporary Australian society. Students will critically examine principles of criminal responsibility, a range of criminal offences, and aspects of the investigation, prosecution and defence of criminal matters. Throughout the unit, students are required to consider and evaluate the ways that historical, social, political, philosophical and ethical factors inform the substance and operation of criminal law and procedure.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Explain general doctrines of criminal law, outline elements of offences, and articulate the aims of the criminal justice system
  • Research, analyse, synthesise, interpret and derive legal principles from legislation, regulations, parliamentary debates, and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios
  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice
  • Collaborate effectively with other students in group activities and discussion
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

General Assessment Information

In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.

Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required

Word limits will be strictly applied and work above the word limit will not be marked.  Footnotes are only to be used for referencing. Substantive material in footnotes will not be marked.

All assessments in the unit are to be submitted electronically via Turnitin. Plagiarism detection software is used in this unit.

All assessments must be appropriately referenced, applying the Australian Guide to Legal Citation (3rd ed).  The Guide is available here <http://mulr.law.unimelb.edu.au/go/AGLC3>. 

Assessments must be submitted in double line spaced text, 12 point, Times New Roman font. Headings and subheadings should be used where appropriate.

Assessment Tasks

Name Weighting Due
Task 1: Research Activities 30% Multiple - See Description
Task 2: Class Participation 20% Ongoing
Task 3 - Law Reform Submission 50% 19th June 2016, 11.59 pm

Task 1: Research Activities

Due: Multiple - See Description
Weighting: 30%

Students will be required to complete 10 formative exercises.  Each exercise will consist of a set of questions designed to enable students to develop their legal research and analytical skills, reinforce their knowledge of relevant doctrinal principles, and enhance their contextual understanding of the laws underpinning the administration of criminal justice.

This will be assessed on an ongoing basis throughout the semester, to test students' understanding of materials, and ability to understand and critique developments in the law. The questions will require application of the principles of statutory interpretation, problem solving, independent research and demonstration of other legal skills, as learnt in LAW115.

These assessments will have the following due dates:

Q 1-3: Week 3, Sunday 11.59pm (21st March 2016)

Q 4-6: Week 6, Sunday 11.59 pm (10th April 2016)

Q 7-10: Week 9, Sunday 11.59pm (22nd May 2016) 

Task 1 will be worth a total of 30% (3 marks per question). Word limits for each question will be released with the questions, which will be posted on iLearn at the start of semester. All work is to be submitted via Turnitin on iLearn and must comply with the instructions found under General Assessment Information.


On successful completion you will be able to:
  • Explain general doctrines of criminal law, outline elements of offences, and articulate the aims of the criminal justice system
  • Research, analyse, synthesise, interpret and derive legal principles from legislation, regulations, parliamentary debates, and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

Task 2: Class Participation

Due: Ongoing
Weighting: 20%

Class participation will be worth 20%. Class participation is not the same thing as class attendance. You will be required to attend each tutorial and participate in any set activities, including class discussions, debates, group work, and any other set work. Participation requires consistent demonstration of understanding and critical engagement with the required readings.

If you cannot attend a tutorial you must inform your tutor as soon as possible. Extended absences of more than two tutorials must meet the criteria for Disruption to Studies.   Applications for Disruptions to Studies are made online at ask.mq.edu.au in response to a serious and unavoidable event.

External students will be assessed on their participation at the compulsory on-campus session.

External students should also undertake the readings and prepare for, and participate in the tutorial exercises.This material will form the basis for the activities undertaken at the on campus session.  More information on the structure of the on campus session will be provided closer to the time on iLearn

Class participation will be assessed on the quality and regularity of participation, not on its quantity. Class participation will be assessed on the following criteria:

- Preparation  - the student is able to demonstrate reading and engagement with the materials, lectures and any other content provided for each week's tutorial. This will be demonstrated by ability to answer relevant questions, responding to and participating effectively in class debates, and by asking questions to clarify anything not understood;

- Ability to critically discuss the material - the student is able to critically discuss the tutorial materials and contributes to class discussions in a way that assists the learning of others. This will be demonstrated through the ability to respond to questions, counter-arguments and the ability to link readings and lecture materials to class activities, to current events, and to hypothetical scenarios;

- Oral expression - the student is able to verbally express their ideas about the materials in a clear, coherent, and concise manner;

- Engaging with other students - the student engages with others in the class, displaying respect for others' opinions, active listening, constructive feedback and dialogue;

- Collaboration - the student is able to work collaboratively and productively in small groups, fostering discussion, sharing opinions, and exploring points of consensus and disagreement;

- Demonstration of skills - the student is able to demonstrate legal skills taught in the unit, including statutory interpretation, problem solving skills, communication skills and general legal reasoning.


On successful completion you will be able to:
  • Explain general doctrines of criminal law, outline elements of offences, and articulate the aims of the criminal justice system
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios
  • Collaborate effectively with other students in group activities and discussion
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

Task 3 - Law Reform Submission

Due: 19th June 2016, 11.59 pm
Weighting: 50%

Students will be required to write a draft submission to a law reform inquiry for the final assessment of the unit, worth 50% of the final grade. Students will be required to demonstrate their understanding of the law, their ability to critically engage and evaluate existing legal principles, statutory frameworks and broader social contexts, and to propose sound, viable (legally, socially and politically), and reasoned legal and policy reforms.

The topic of the law reform, the terms of references, and advice on how to draft submissions will all be provided on the iLearn site, along with detailed instructions.

All work is to be submitted via Turnitin on iLearn by the due date and must comply with the instructions found under General Assessment Information.

The maximum word count for the submission will be 2500 words.


On successful completion you will be able to:
  • Explain general doctrines of criminal law, outline elements of offences, and articulate the aims of the criminal justice system
  • Research, analyse, synthesise, interpret and derive legal principles from legislation, regulations, parliamentary debates, and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios
  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

Delivery and Resources

This unit is delivered via a weekly 1 hour lecture and a weekly 1 hour tutorial for internal students and a compulsory two day on campus session for external students. As class participation will be assessed in this unit, tutorial attendance is compulsory. Lectures and Tutorials both commence from week 1.

Students require access to a computer and a secure and reliable server.  All Unit requirements and a weekly teaching and reading schedule are outlined in iLearn.

All assessments are to be submitted electronically via Turnitin

 

The required textbook for this unit is: Brown, Farrier, McNamara, Steel, Grewcock, Quilter and Schwartz, Criminal Laws: Materials and Commentary on Criminal Law and Process in NSW (The Federation Press, 6th Edition, 2015).

Additional reading will be available via iLearn and e-reserve.

The following books are recommended readings for this unit. All listed materials are available from the Library.

  • Penny Crofts, Criminal Law Elements (LexisNexis, 5th ed, 2014).
  • Simon Bronitt and Bernadette McSherry, Principles of Criminal Law (Lawbook, 3rd ed, 2010).
  • Jeremy Gans, Modern Criminal Law of Australia (Cambridge University Press, 2012).
  • Michelle Sanson, Statutory Interpretation (Oxford University Press, 2012).
  • Anthony, T; Crofts, P; Crofts, T; Gray, S; Loughnan, A; Naylor, B, Waller & Williams Criminal Law: Text and Cases (LexisNexis, 12th ed, 2013).

Unit Schedule

Students enrolled in this unit should consult the unit's ilearn page for further details on the schedule of activities.

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/

Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html​

Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

Macquarie Law School Policy on Assessments

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word limits will be strictly applied and work above the word limit will not be marked. 

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcomes

  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice
  • Collaborate effectively with other students in group activities and discussion

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice
  • Collaborate effectively with other students in group activities and discussion
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

Assessment tasks

  • Task 1: Research Activities
  • Task 2: Class Participation
  • Task 3 - Law Reform Submission

Commitment to Continuous Learning

Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.

This graduate capability is supported by:

Learning outcome

  • Explain general doctrines of criminal law, outline elements of offences, and articulate the aims of the criminal justice system

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Explain general doctrines of criminal law, outline elements of offences, and articulate the aims of the criminal justice system
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios

Assessment tasks

  • Task 1: Research Activities
  • Task 2: Class Participation
  • Task 3 - Law Reform Submission

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Research, analyse, synthesise, interpret and derive legal principles from legislation, regulations, parliamentary debates, and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios
  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

Assessment tasks

  • Task 1: Research Activities
  • Task 2: Class Participation
  • Task 3 - Law Reform Submission

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Research, analyse, synthesise, interpret and derive legal principles from legislation, regulations, parliamentary debates, and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice related scenarios

Assessment tasks

  • Task 1: Research Activities
  • Task 2: Class Participation
  • Task 3 - Law Reform Submission

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Collaborate effectively with other students in group activities and discussion
  • Communicate effectively, in verbal and written form, with legal and non-legal audiences

Assessment tasks

  • Task 1: Research Activities
  • Task 2: Class Participation
  • Task 3 - Law Reform Submission

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcome

  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice

Assessment task

  • Task 3 - Law Reform Submission

Socially and Environmentally Active and Responsible

We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.

This graduate capability is supported by:

Learning outcome

  • Carry out independent research, and draft submissions to a legal inquiry, in order to develop, critique and advocate legal policy reform in the context of criminal justice

Assessment task

  • Task 3 - Law Reform Submission

Changes from Previous Offering

A number of changes have been made since the last offering:

  • The required textbook has been changed.
  • The assessments have changed. There is now a reduced number of formative exercises. The other two assessments tasks have been changed to class participation and a law reform submission.
  • The learning outcomes have been slightly altered to reflect new assessment regime, and altered structure of the unit.

Changes since First Published

Date Description
12/04/2016 Amended Task 3 due date.