Students

LAWS802 – Criminal Justice and Public Policy

2019 – S2 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor
Dr Andrew Burke
6 First Walk, Room 622
2pm Mondays
Credit points Credit points
4
Prerequisites Prerequisites
((Admission to GradCertLaw or GradDipLaw or LLM or admission to JD after 2014) and corequisite LAWS600)) or (admission to JD in 2014)
Corequisites Corequisites
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 investigation, 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:

  • 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
  • Collaborate effectively with other students in group activities including in presentations and class discussions
  • Effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

General Assessment Information

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests. 

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). 

Assessments must be submitted in double line spaced text, 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.  

Moderation

Rubrics will be provided on iLearn, and model answers will be posted once marks are released.

Assessment Tasks

Name Weighting Hurdle Due
Early Quiz 10% No 9am Friday 9th - 9am Saturday 10th August
Problem Question 30% No Week 8, 11:59pm Friday 4th October 2019
Law Reform Submission 40% No Week 13, 11:59pm Friday 8th November 2019
Class Participation 20% No Ongoing
Revision Quiz 0% Yes 9am Monday 11th November 2019 - 5pm Friday 15th November

Early Quiz

Due: 9am Friday 9th - 9am Saturday 10th August
Weighting: 10%

This formative assessment will test students' understanding of the Principles of Criminal Responsibility, the key content that underpins the remainder of the unit. Quiz questions will be derived from the lecture and required readings for Week 2.

The quiz must be completed within one hour of commencement. It will open 9am Friday 9th August and close 9am Saturday 10th August.

Students will be presented with 20 questions in a multiple choice format. 

This is a timed assessment and no late submissions 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
  • Critically research, analyse, synthesise, interpret and derive legal principles from legislation, parliamentary debates and case law governing the administration of criminal justice

Problem Question

Due: Week 8, 11:59pm Friday 4th October 2019
Weighting: 30%

This problem question will focus on homicide law, and may include other unit topics. Students will be presented with a hypothetical factual scenario and are required to apply the principles of criminal responsibility, the law of homicide, the law of defences and any other relevant unit content to assess the criminal liability of a specific individual.

The word limit is 2000 words. 


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
  • Effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Law Reform Submission

Due: Week 13, 11:59pm Friday 8th November 2019
Weighting: 40%

Students will be required to write a submission to a 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.

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

The word limit is 2,500 words.


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
  • 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
  • Effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Class Participation

Due: Ongoing
Weighting: 20%

Students will be required to participate in set activities, including class discussions, individual and group quizzes, and other set work. Participation requires consistent demonstration of understanding and critical engagement with the required readings.

If you cannot attend a tutorial you should apply for Special Consideration. Absences from tutorials without Special Consideration will adversely affect class participation marks.

More information on the structure of the On-Camus Session will be provided on a date closer to the on-campus session days, on iLearn.

Class participation will be assessed on the following criteria:

- Preparation: the student demonstrates reading and engagement with the materials, lectures and any other content provided for each week's seminar. Students will volunteer answers to questions; respond to, and participating effectively in, class debates; and ask questions to clarify anything not understood in the readings or lectures;

- Ability to critically discuss the material: the student critically discusses the seminar 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, suggest counter-arguments and link readings and lecture materials to class activities, current events, and hypothetical scenarios;

- Oral expression: the student verbally expresses their ideas about the materials in a clear, coherent, and concise manner;

- Engaging with other students: the student engages with others in the class, displays respect for others' opinions and differences; actively listens, and provides constructive feedback;

- Collaboration: the student works collaboratively and productively in small groups, fosters discussion, shares opinions, and explores and resolves points of consensus and disagreement;

- Demonstration of skills: the student demonstrates legal skills taught in the unit, including statutory interpretation, problem solving, oral and written communication skills and general legal reasoning.


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
  • Collaborate effectively with other students in group activities including in presentations and class discussions
  • Effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Revision Quiz

Due: 9am Monday 11th November 2019 - 5pm Friday 15th November
Weighting: 0%
This is a hurdle assessment task (see assessment policy for more information on hurdle assessment tasks)

This quiz will cover all of the unit's content. Students will be presented with 20 questions from a much larger question bank. Questions will be multiple choice format.

The quiz will become available at 9am on Monday 11th November and close at 5pm on Friday 15th November. The time limit is one hour from when the student commences.

The pass mark for this quiz is 75% (that is, minimum 15 correct answers out of 20). It is a hurdle assessment - a student cannot pass the unit without passing this assessment task.

Students who do not achieve a 75% pass mark on their first attempt will be allowed a second and, if necessary, third attempt. No more than 3 attempts will be allowed. There is a mandatory minimum 24 hour delay between attempts. All attempts must be made during the 5-day time period that the quiz is open.

This is a timed assessment task and late submissions will not be allowed.


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

Delivery and Resources

This unit has a blended mode of delivery. It is delivered via a weekly 1 hour tutorial for internal students, and all students will have access to various online resources, including a weekly lecture available on iLearn. Tutorials commence from week 1.

In addition to engaging with online resources, external students must attend a compulsory three day On-Campus Session. Students who are unable to attend must apply for Special Consideration. If that application is accepted, an equivalent amount of alternative work will be set in lieu of on-campus attendance.

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: Simon Bronitt & Bernadette McSherry Principles of Criminal Law (Lawbook, 4th ed, 2017).

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).
  • David Brown et al, Criminal Laws; Materials and Commentary on Criminal Law and Process in New South Wales (The Federation Press, 6th ed, 2015).
  • Jeremy Gans, Modern Criminal Law of Australia (Cambridge University Press, 2016).
  • Michelle Sanson and Thalia Anthony, Connecting with Law (Oxford University Press, 3rd ed, 2014).
  • 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

Lecture Schedule

1. Introduction to criminal justice: what is crime?

2. Principles of criminal responsibility

3. Summary offences

4. Homicide I

5. Homicide II

6. Defences I

7. Defences II

 

Mid-semester break. On-Campus Session for external students: Saturday 21st and Sunday 22nd September.

 

8. Assault

9. NO LECTURE OR TUTORIAL THIS WEEK DUE TO PUBLIC HOLIDAY

10. Property Offences

11 Sexual Assault

12. Drug Offences

13. Extended Criminal Liability

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:

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

If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/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

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

If you are a Global MBA student contact globalmba.support@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

PG - Capable of Professional and Personal Judgment and Initiative

Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.

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
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Assessment task

  • Class Participation

PG - Discipline Knowledge and Skills

Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.

This graduate capability is supported by:

Learning outcomes

  • 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
  • Effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Assessment tasks

  • Early Quiz
  • Problem Question
  • Law Reform Submission
  • Class Participation
  • Revision Quiz

PG - Critical, Analytical and Integrative Thinking

Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.

This graduate capability is supported by:

Learning outcomes

  • 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

Assessment tasks

  • Early Quiz
  • Problem Question
  • Law Reform Submission
  • Class Participation

PG - Research and Problem Solving Capability

Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.

This graduate capability is supported by:

Learning outcomes

  • 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

Assessment tasks

  • Problem Question
  • Law Reform Submission
  • Class Participation

PG - Effective Communication

Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.

This graduate capability is supported by:

Learning outcomes

  • 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
  • Collaborate effectively with other students in group activities including in presentations and class discussions
  • Effective and persuasive English communication skills, in verbal and written form, with legal and non-legal audiences
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Assessment tasks

  • Problem Question
  • Law Reform Submission
  • Class Participation

PG - Engaged and Responsible, Active and Ethical Citizens

Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues

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 including in presentations and class discussions
  • Demonstrate employability skills to a high, professional standard, including regular attendance, punctuality, reliability and peer collaboration

Assessment tasks

  • Law Reform Submission
  • Class Participation

Changes from Previous Offering

Deletion of 2 early quizzes, so now there is only 1. Addition of Revision Quiz. 

Changes since First Published

Date Description
29/07/2019 Change to consultation hour to avoid clash with International Law tutorial