Students

LAWS512 – Advanced Topics in Criminal Justice

2017 – S3 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Chris Mitchell
Joanna Mitchell
Credit points Credit points
3
Prerequisites Prerequisites
(24cp in LAW or LAWS units) or (39cp at 100 level or above including LAWS259 or LAW459)
Corequisites Corequisites
Co-badged status Co-badged status
LAWS512 S3 Block LAWS512 Day LAWS512 External
Unit description Unit description
This unit will explore the dynamic area of public policy development in relation to crime. It will examine how governance frameworks (including legal and regulatory institutions) endeavour to regulate conduct by individuals and corporations, and how these frameworks aim to promote public interests and community welfare. Students will analyse the impact of various stakeholders in the criminal justice system on policy formulation, including in relation to corporate, environmental and moral crimes. They will be challenged to critically analyse real-world reform initiatives and to appreciate how criminological expertise and modern concepts in governance theory (such as reintegrative shaming, responsive regulation and restorative justice) are articulated in legal and policy-making forums. Students will also analyse how courts respond to criminological expertise, building on their understanding of core concepts of criminal justice.

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:

  • Describe and analyze the history and development of international criminal law, including the social and political context.
  • Identify sources of international criminal law.
  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the substantive crimes punishable under international law, including genocide, crimes against humanity, war crimes and aggression.
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

General Assessment Information

Moderation

Detailed marking rubrics will be made available on iLearn.  All Fail papers are double marked. 

Late assignments

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

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

Electronic submission

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

Assessment Tasks

Name Weighting Hurdle Due
Short answer questions 50% No 30/12/17 at 5pm
Legal advice 50% No 13/01/2018 at 5pm

Short answer questions

Due: 30/12/17 at 5pm
Weighting: 50%

Students will be required to research answers to 2 questions, out of a choice of 5 questions, about contemporary legal issues related to international criminal law. Each answer is to be a maximum of 1,000 words. The questions will be posted on iLearn at the start of Session 3. In answering 2 of these questions, students should focus on independent writing and independent legal research. Students should also consider and reference both primary and secondary sources. 

Word limit: 2,000 total (excluding footnotes. Note that footnotes must not contain substantive discussion). Word limits will be strictly enforced. 


On successful completion you will be able to:
  • Describe and analyze the history and development of international criminal law, including the social and political context.
  • Identify sources of international criminal law.
  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Legal advice

Due: 13/01/2018 at 5pm
Weighting: 50%

 

Students will be required to respond to questions based on a factual scenario, addressing issues covered in the prescribed readings, lectures or the on-campus session. The total word length for the assignment must not exceed 2,000 words. A window of 32 hours will be provided to students, but the assignment will be designed to be answered within a 3-4 hour window so there is time to attend to other obligations within that window. The time period will run from 9am on Friday, 12 January 2018 until 5pm on Saturday, 13 January 2018. 


On successful completion you will be able to:
  • Describe and analyze the history and development of international criminal law, including the social and political context.
  • Identify sources of international criminal law.
  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the substantive crimes punishable under international law, including genocide, crimes against humanity, war crimes and aggression.
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Delivery and Resources

Resources

Prescribed text

There is one prescribed text for this unit:

  • R Cryer, H Friman, D Robinson and E Wilmshurst, An Introduction to International Criminal Law and Procedure (Cambridge University Press, Cambridge, 3rd Ed. 2014).

A Reading List will be available on iLearn.

Recommended Texts

The following texts are recommended:

  • W Schabas, An Introduction to the International Criminal Court (Cambridge University Press, Cambridge, 5th Ed. 2017). 
  • A Cassese, International Criminal Law (Oxford University Press, Oxford, 3rd Ed. 2013).
  • A Cassese, G Acquaviva, M Fan and A Whiting, International Criminal Law Cases & Commentary (Oxford University Press, Oxford, 2011).

These texts have all been placed on Reserve at the Library.

Lectures

There are 10 topics in this unit.

All lectures will be pre-recorded and uploaded via the Echo Assisted Learning Platform on the unit iLearn page.

Students are expected to have listened to all of the lectures prior to the on-campus session on 2-3 January 2018.

On campus sessions

There is an on-campus session for this unit which runs for two consecutive days - 2 and 3 January 2018 - from 9am to 4pm on each day. Students are expected to attend both days of the on-campus session.

The on-campus sessions will be run as seminars, engaging students in discussion in relation to the particular issues addressed. During the on campus session a number of hypothetical problem questions will also be discussed, that is, applying the knowledge learned in the lectures in relation to particular factual settings. 

Unit Schedule

TOPICS

1.      Introduction, sources and objectives of international criminal law and relationship to other areas of law

2.      Jurisdiction

3.      International institutions in international criminal law

4.      International criminal justice and national legal systems

5.      Substantive Crimes (genocide, crimes against humanity, war crimes and aggression)

6.      Modes of liability

7.      Defences

8.      Procedural law

9.      Immunities, amnesties and other alternatives to international criminal justice

10.    Future of International Criminal Law

Learning and Teaching Activities

Lectures and on-campus session

All lectures will be pre-recorded. The on-campus sessions will include participant discussion, multimedia presentations and potentially a guest lecture.

Readings

Readings will be set for students and will include case law from a range of international jurisdictions and academic literature.

Issues for consideration

Each topic will ask students to consider specific issues to ensure their understanding of key principles of allocated reading and challenge ideas.

Assessments

Two assessment tasks will be assigned to students.

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

Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.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 (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

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.

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

  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Assessment tasks

  • Short answer questions
  • Legal advice

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

  • Describe and analyze the history and development of international criminal law, including the social and political context.
  • Identify sources of international criminal law.
  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the substantive crimes punishable under international law, including genocide, crimes against humanity, war crimes and aggression.
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Assessment tasks

  • Short answer questions
  • Legal advice

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

  • Describe and analyze the history and development of international criminal law, including the social and political context.
  • Identify sources of international criminal law.
  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the substantive crimes punishable under international law, including genocide, crimes against humanity, war crimes and aggression.
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Assessment tasks

  • Short answer questions
  • Legal advice

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

  • Describe and analyze the history and development of international criminal law, including the social and political context.
  • Identify sources of international criminal law.
  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the substantive crimes punishable under international law, including genocide, crimes against humanity, war crimes and aggression.
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Assessment tasks

  • Short answer questions
  • Legal advice

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

  • Explain and critically analyse the interaction of international criminal courts and tribunals with other actors and bodies of law in the international and domestic systems
  • Explain and critique the different modes of individual criminal responsibility in international criminal law and circumstances excluding individual criminal liability.
  • Critically analyse the importance and content of procedural law applicable to international criminal proceedings, including fair trial rights and basic rules of procedure and evidence.
  • Critically analyse and apply principles of international criminal law to factual scenarios.
  • Prepare effective written legal analysis and arguments.

Assessment tasks

  • Short answer questions
  • Legal advice

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

  • Describe and analyze the history and development of international criminal law, including the social and political context.