Students

LAWS8002 – Criminal Justice and Public Policy

2023 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Andrew Burke
Contact via via iLearn message
Room 535, 6 First Walk
12-1pm Thursdays or by appointment (either in my office or on Zoom)
Tutor
Jaimee Simonsen
Tutor
Keith Williams
Credit points Credit points
10
Prerequisites Prerequisites
Admission to GradCertLaw or GradDipLaw or JD
Corequisites Corequisites
LAWS600 or LAWS8001
Co-badged status Co-badged status
Unit description Unit description

This unit aims to develop an advanced understanding of the substantive principles of criminal law, the administration of criminal justice and related public policy dimensions in contemporary Australian society. Students will critically examine principles of criminal responsibility, a range of criminal offences, and aspects of the prosecution and defence of criminal matters. They will carry out an independent piece of research to analyse and evaluate historical, social, political, philosophical and ethical factors that inform policy development in this area, including a current priority area for legal and policy reform.

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:

  • ULO1: Advanced level of understanding of general doctrines of criminal responsibility, elements of offences and defences, and the aims of the criminal justice system, in accordance with Priestley requirements for legal practice
  • ULO2: Collaborate effectively with other students in group activities including in presentations and class discussions
  • ULO3: Critically research, analyse, synthesise, interpret and derive legal principles from legislation, parliamentary debates and case law governing the administration of criminal justice
  • ULO4: Apply principles of statutory interpretation and problem solving methods to criminal justice scenarios
  • ULO5: 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
  • ULO6: Demonstrate effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences

General Assessment Information

Late Assessment Submission Penalty

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11:55pm. A 1-hour grace period is provided to students who experience a technical issue.

This late penalty will apply to non-time-sensitive assessment (including essays, reports, posters, portfolios, journals, recordings, etc). Late submission of time-sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs, etc.) will only be addressed by the unit convenor in a Special Consideration application. Special Consideration outcome may result in a new question or topic.

Submission Instructions

Students should carefully check that they submit the correct file for an assessment as no resubmissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.

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 (4th ed). The Guide is available here <https://law.unimelb.edu.au/mulr/aglc>.

Assessments must be submitted in Word and must employ double (i.e., 2.0) spaced text and 12 point, Times New Roman font. Headings and subheadings should be used where appropriate. No bibliographies are required.

Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process to establish a common marking standard and all Fail papers are double marked.

Assessment Tasks

Name Weighting Hurdle Due
Class participation 20% No Ongoing
Problem Question 1 40% No 26/9/23
Law Reform Submission 40% No 5/11/23

Class participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Ongoing
Weighting: 20%

 

Students are required to participate in set activities, including class discussions, opening and closing addresses, law reform proposals, individual and group quizzes, and other set work. Participation requires consistent demonstration of understanding and critical engagement with the required readings. When students are required to participate in group presentation exercises in tutorials, as part of class participation, then these are timed assessments and no late submission will be accepted.

 


On successful completion you will be able to:
  • Advanced level of understanding of general doctrines of criminal responsibility, elements of offences and defences, and the aims of the criminal justice system, in accordance with Priestley requirements for legal practice
  • Collaborate effectively with other students in group activities including in presentations and class discussions
  • Critically research, analyse, synthesise, interpret and derive legal principles from legislation, parliamentary debates and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice scenarios
  • Demonstrate effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences

Problem Question 1

Assessment Type 1: Professional writing
Indicative Time on Task 2: 20 hours
Due: 26/9/23
Weighting: 40%

 

This problem question will focus on a unit topic to be determined. Students will be presented with a hypothetical factual scenario and are required to apply the principles of criminal responsibility, the relevant offence provisions and common law, and the law of defences to assess the criminal liability of a specific individual.

 


On successful completion you will be able to:
  • Advanced level of understanding of general doctrines of criminal responsibility, elements of offences and defences, and the aims of the criminal justice system, in accordance with Priestley requirements for legal practice
  • Critically research, analyse, synthesise, interpret and derive legal principles from legislation, parliamentary debates and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice scenarios
  • Demonstrate effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences

Law Reform Submission

Assessment Type 1: Professional writing
Indicative Time on Task 2: 30 hours
Due: 5/11/23
Weighting: 40%

 

Students will be required to write a submission to a hypothetical law reform inquiry. 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.

 


On successful completion you will be able to:
  • Advanced level of understanding of general doctrines of criminal responsibility, elements of offences and defences, and the aims of the criminal justice system, in accordance with Priestley requirements for legal practice
  • Critically research, analyse, synthesise, interpret and derive legal principles from legislation, parliamentary debates and case law governing the administration of criminal justice
  • Apply principles of statutory interpretation and problem solving methods to criminal justice 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
  • Demonstrate effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

The required textbook is Roderick Howie, Paul Sattler and Marissa Hood, Hayes & Eburn Criminal Law and Procedure in New South Wales (LexisNexis Butterworths, 7th ed, 2022). You will also use this textbook for LAWS8013 Civil and Criminal Procedure.

This unit is delivered via weekly lectures (delivered on-campus and made available online) and a weekly (on-campus) for fortnightly (online) tutorial. Please note that both lectures and on-campus tutorials commence in Week 1. Online tutorials commence in Week 2 or Week 3 depending on your tutorial group.

Unit Schedule

Week 1: Introduction to criminal justice - what is crime?

Week 2: Principles of criminal responsibility

Week 3: Murder

Week 4: Involuntary manslaughter

Week 5: Voluntary manslaughter

Week 6: Assault

Week 7: Defences I

Week 8: Defences II

Week 9: Summary offences

Week 10: Property offences

Week 11: Sexual assault

Week 12: Extended criminal liability

Week 13: Drug offences

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.

Changes since First Published

Date Description
16/08/2023 Addition of Keith Williams to teaching staff

Unit information based on version 2023.02 of the Handbook