LAWS6021Advanced Criminal Law

Course handbook

Description

Advanced Criminal Law explores specialised themes in the criminal law related to the importance of the mental element in crime generally together with advanced analysis of mental state defences. Other topics will vary with each offering to reflect recent and significant issues in the criminal law and may include the role and impact of policing, the importance of sentencing law and practice, the federal-state framework of Australian criminal laws, and the elements and investigation of some particular criminal offences. The contemporary issues examined in the course will be set to reflect current reform and critical comment.

Availability2024 Course Timetables

Learning outcomes

On successful completion of the course students will be able to:

1. Demonstrate specialised knowledge and advanced and integrated understanding of the current theoretical and practical issues relating to the concept of crime and the role of criminal law in society.

2. Demonstrate specialised knowledge and advanced understanding of criminal responsibility, criminal offences, mental state defences, defences of compulsion, the principal agencies involved in the administration of criminal justice and sentencing.

3. Critically evaluate the role of criminal law in the criminal justice system, including issues of policy, practice and procedure, which may influence the outcome of cases and formulation of legislation in this area of law.

4. Critically analyse and synthesise complex information by applying principles of law in the specific context of the advanced study of criminal law.

5. Apply advanced skills of legal research, oral and written communication, synthesis and analysis of primary and secondary legal materials, and analysis and evaluation of competing policy considerations.

Content

Topics in this course include:

1. 'Crime and the mind' - thematic topic involving advanced analysis of intention, knowledge and volition in criminal responsibility, including joint criminal enterprises. Also, will involve advanced and integrated analysis of mental state defences in the criminal law.
2. Focus studies on selected criminal offences using cases and/or hypothetical fact problems to look at the substantive elements of the offence, investigation, pre-trial and trial procedures by prosecution and defence, punishment and appeal issues.
3. The principal agents in the administration of criminal justice - critical examination of the role and responsibilities of police and the role of duties of prosecutors in the criminal justice system.
4. Sentencing issues in the criminal justice system - advanced analysis of the theoretical principles of sentencing and their practical application in contemporary sentencing systems, as well as important contemporary issues in sentencing.
5. Current Issues in Criminal Justice - to reflect any important issues of current theoretical and practical significance requiring synthesis of complex information and critical examination of proposed reforms not otherwise dealt with under fixed course content.

Requisite

This course is only available to students enrolled in the programs:

[12334] Juris Doctor/Graduate Diploma in Legal Practice (JD)

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)

[50016] Juris Doctor

Assumed knowledge

LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method IILAWS6002A Torts Part A, or LAWS6120 Torts ILAWS6002B Torts Part B, or LAWS6121 Torts IILAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & ProcedureLAWS6004A Contracts Part A, or LAWS6140 Contracts ILAWS6004B Contracts Part B, or LAWS6141 Contracts IILAWS6005 PropertyLAWS6009 Evidence

Assessment items

Report: Research Paper

Presentation: Presentations - Class

In Term Test: Examination: Take Home

Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Course outline

• LAWS6021 - Semester 1, 2024 (Ncle) (PDF, 322.8 KB)