Students
LAWS8002 – Criminal Justice and Public Policy
2023 – Session 2, In person-scheduled-weekday, North Ryde
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:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Assessment Procedure
- Complaints Resolution Procedure for Students and Members of the Public
- Special Consideration Policy
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.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
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:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
- Student Advocacy provides independent advice on MQ policies, procedures, and processes
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