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SUBJECT OUTLINE 76037 Advanced Criminal Law Course area

UTS: Law

Delivery

Autumn 2021; City

Credit points 6cp Requisite(s)

70218 Criminal Law OR 70114 Criminal Law and Procedure These requisites may not apply to students in certain courses. There are also course requisites for this subject. See access conditions.

Result type

Grade and marks

Subject coordinator Ian Dobinson Faculty of Law | The University of Technology, Sydney PO Box 123 Broadway NSW 2007 Australia [email protected]

Teaching staff Ian Dobinson Faculty of Law | The University of Technology, Sydney PO Box 123 Broadway NSW 2007 Australia [email protected]

Subject description This subject builds upon the core subject 70114 Criminal Law and Procedure and is directly relevant to students contemplating professional practice in criminal law. The subject examines the major forms of crime, which affect society today, including social responses that are global in nature, for example, terrorism and slavery. In addition, the subject considers recent and proposed amendments to a number of criminal defences. Students critically evaluate these crimes and criminal defences, society's response to them and governmental policy on which they are said to be based. To put this in context, the subject begins with an examination of the principles on which criminal laws are constructed and are said to operate. Particular emphasis is placed on current law and order politics and the effect this has had on criminal law reform. The subject not only builds upon the syllabus in 70114 Criminal Law and Procedure, but also considers many of the laws and legal principles covered in greater depth and detail. While students were briefly introduced to criminal law theory in 70114, this subject not only considers such theory in detail but also positions it as the cornerstone of our criminal law and the context in which to critically understand the process of criminalisation. Students build on their research and communication skills and their ability to critically analyse and evaluate the criminal law and legal system through engaging with subject materials, seminar discussions and assessment tasks, including a collaborative class presentation and research essay.

Subject learning objectives (SLOs) Upon successful completion of this subject students should be able to: 1. Explain, evaluate and clearly communicate the theoretical underpinnings of the criminal law and its common law traditions. 2. Analyse and assess the apparent conflicts and contradictions in the general principles of criminal law.

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3. Identify, analyse and evaluate the issues impacting on the criminal law and the political and social factors that currently shape it. 4. Construct reasoned, logical and persuasive arguments in response to the issues impacting on the criminal law and legal system.

Course intended learning outcomes (CILOs) This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes: Critical Analysis and Evaluation A capacity to think critically, strategically and creatively, including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices (LAW.3.0) Research skills Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues (LAW.4.0) Communication and Collaboration Effective and appropriate communication skills, including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (LAW.5.0)

Teaching and learning strategies Strategy 1: Preparing for seminars Students prepare for participation in seminars by reading the set materials before each class (see Reading Guide on Canvas). Seminar questions for Weeks 2 and 4, Presentation Topics from Week 5 and the set readings for each week are in the Subject Learning Guide on Canvas. The criminal law is not static and students are expected to undertake independent reading as it relates to ongoing criminal law reform and significant cases. This will be assisted by regular announcements and postings on Canvas by the Subject Coordinator. Students should also use the Discussion Board on Canvas to raise questions and reflections on the set topics and any new developments in criminal law. In Weeks 2 and 4 students will engage with set questions based on materials in the Reading Guide. These readings raise fundamental issues that question some of the core theoretical foundations of our criminal law. The questions relating to the material are designed to assist students to develop skills in critical analysis and evaluation of the issues raised. In addition to the Reading Guide, students should also review the Introductory Chapters to the current textbook for 70114 Criminal Law and Procedure. Group Presentations commence in week 5. Presentations and the roles and responsibilities for the group and each individual member are set out in Assessment Task 1. The Presentations are based on provided readings although students presenting are encouraged to supplement these with additional research. Each group will have the responsibility of determining how this is managed from a collaborative perspective. Any questions on how to manage this should be directed to the Subject Coordinator. Students who are not involved in the designated presentation must also consider the readings and questions raised for each of these classes and come prepared to engage in class discussion following each presentation. Strategy 2: Participating in seminar discussion and analysis This learning strategy is directly linked to Student Preparation. Students are expected to come to class ready to engage in a lively, informed and critical discussion of the topics set for each class. As noted above, the structure for discussion in Weeks 2 and 4 is set questions. For Weeks 2 and 3, the theoretical issues considered in the readings underpin the subject and you should keep such issues in mind as a theoretical basis for your written work (seminar paper and research essay). In Week 4 we will also consider two major aspects of the pre-trial process, arrest and bail. As noted above, Group Presentations will commence in Week 5. These presentations focus on the development of a student’s ability to effectively research, analyse and discuss a topic as part of a group. All other students must have read and considered the provided readings. Each presentation will be followed by a structured class debate on the topic. The presenting group is expected to incorporate this in their presentation and lead the debate. The Subject Coordinator will also guide the debate. The presentation paper is required to incorporate relevant outcomes from the 08/02/2021 (Autumn 2021)

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post presentation debate/discussion. This is particularly relevant where there may have been omissions or legal errors in the presentation. The presentation paper is to be submitted a week after the presentation. Strategy 3: Developing advanced verbal and written analysis of Criminal Law The activities in Weeks 2 and 4 focus on individual communication skills. Group presentations focus on developing collaborative and communication skills. Unless there is justification for not doing so, each member of the group is expected to take part in the oral presentation of the topic. Each student will have the responsibility for collaborating with group members to organise the research, analyse the law and other information and decide on the best way to inform and report on the issue. Written skills will be developed initially through the presentation paper but will be expected to have reached a more refined stage by the time of the submission of the research essay (see Assessment Task 3). Strategy 4: Feedback In Week 3, students must complete a compulsory online quiz (no marks allocated) on conceptual questions that test their understanding of the theoretical issues raised in Weeks 2 and 3. An understanding of these theoretical issues is critical to the topics covered from Week 3 onwards. The purpose of the quiz is to review and reinforce student knowledge as well as provide online feedback to students on their progress in the subject. Detailed feedback is also provided as part of each Assessment Task (see below for details). Subject Delivery There will be a weekly 3-hour seminar. Attendance is compulsory, subject of course to a student being unable to attend due to illness or other justifiable reasons. The subject involves teacher led discussions on certain central themes and issues that arise from the Topic readings plus student presentations. All students are expected to be prepared for each class.

Content (topics) Topic 1: Crime, History and Reason Topic 2: Arrest and Bail Topic 3: Crime and Violence I Topic 4: Crime and Violence II Topic 5: Terrorism Topic 6: Hate Crime Topic 7: Slavery Topic 8: Defences I Topic 9: Defences II

Program Week/Session

Dates

Description

1

22 Feb

No Class - Self directed orientation and Preparation - Students must familiarise themselves with all course material, and complete the reading a and questions for Week 2.

2

1 March

Crime, History and Reason I - Readings and discussion questions are on Canvas.

3

8 March

Crime, History and Reason II - Readings and discussion questions are on Canvas.

4

15 March

Police Powers - Readings and discussion questions are on Canvas.

5

22 March

Crime and Violence I - Readings and discussion questions are on Canvas.

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6

29 March

Crime and Violence II - Readings and discussion questions are on Canvas.

7

5 April

No class. Mid-semester StuVac.

8

12 April

Organised Crime - Readings and discussion questions are on Canvas.

9

19 April

Terrorism - Readings and discussion questions are on Canvas.

10

26 April

Corruption and Insider Trading - Readings and discussion questions are on Canvas.

11

3 May

Hate Crime and Slavery - Readings and discussion questions are on Canvas.

12

10 May

Defences I - Readings and discussion questions are on Canvas.

13

17 May

Defences II - Readings and discussion questions are on Canvas.

While Readings will be made available at the beginning of each session, they will be regularly reviewed so as to reflect recent and current issues in Criminal Law. Where relevant, any new cases, legislation, government reports and published articles will be added to these.

Assessment Assessment task 1: Group Presentation and Paper Intent:

Collaborating with colleagues and communicating complex legal and policy issues are essential skills for lawyers. The Group Presentation develops students’ ability to work collaboratively with their peers, to critically analyse the law and legal policy, and to inform and report on the law and other information. The paper will assess academic writing skills and the ability to research the law and other information and to identify and analyse criminal law themes and issues.

Objective(s): This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.0, LAW.4.0 and LAW.5.0 Weight:

40%

Task:

Group presentation: Students (in groups of 3) will be randomly allocated a Topic area, the list of topics and allocated presenters being made available online at the beginning of the session. The topic question/statement will be provided separately. Specific readings for each Topic will be available on Canvas and these will form the basis for the presentation. Further research is recommended and, as a minimum, presenters must ensure that they are up to date with legislation and case law. Where considering the law that was covered in 70114 (Criminal Law and Procedure), presenters should also refresh their understanding by reviewing the current text for 70114. Students should also consider other useful and additional research, for example, government reviews, reports and any relevant data.

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Presentation summary: Each group is also required to prepare a written summary for the class (no more than 1-2 pages). This should be emailed to the Subject Coordinator before the Monday class (ideally by 5pm, Friday) so that sufficient copies can be made for the class. Groups wishing to do their own printing may of course do so. Students should use Powerpoint to support their presentation, or interactive class tools such as Kahoot. Unless there is good reason for not doing so (for example where the members of a group report that another member has not contributed to the preparation), each group member will receive the same mark for his or her part in the presentation. It is up to each group how this is managed. There is no requirement, for example, that all members be involved in the oral presentation. A member who does not orally present could compensate for this by doing more research preparation. All queries regarding this should be directed to the Subject Coordinator. The presentation is worth 20%. It should be no more than 30 minutes so as to maximise time for class discussion, noting that there will be two presentations in each class commencing in Week 5. This mark will be based primarily on the written summary and Powerpoints. It will also include how well the group is able to respond to any class questions. The Powerpoints will be edied by the teacher and later posted on Canvas for the entire class to access (note notes on Research Essay). Paper: Each student must individually write a paper on the topic of no more than 1200 words (note the Faculty +/-10% allowance), which should include a full bibliography. The bibliography is not included in the word limit. Students may select part of a topic to concentrate on rather than the entire topic. Students in each group can obviously share the results of the group's research for the presentation but each paper must be an individual's own work. The paper is worth 20%. Length:

Paper - 1200 words (with 10% Faculty allowance). Presentation - 30 minutes.

Due:

Students will be randomly allocated a topic and week in which to present. The presentation summary is due to the Subject Coordinator before the class of the presentation. The paper is due the week following the presentation (i.e. if you present on Monday, the paper will be due the following Monday). The paper must be submitted on Turnitin on Canvas.

Criteria:

Presentation identification and analysis of topic issues, including applicable criminal law rules and principles, conflicts and political and social factors persuasive oral communication skills that demonstrate an in-depth understanding of the topic and the ability to communicate this to peers ability to lead and manage class debate on the topic succinct summary of the issue, peer responses and social and political impact evidence of fair and transparent collaboration of tasks among group members Paper analysis of topic issues, including applicable criminal law rules and principles, conflicts and political and social factors demonstration of research skills that address the complexity of the law in its theoretical underpinnings and its practical application persuasive written communication skills that demonstrate an in-depth understanding of the topic and the political and social factors that currently shape the relevant criminal law

Further Individual papers are due one week (i.e. the following Monday) after the presentation. They should be information: submitted on Turnitin with a Faculty Assignment Cover Sheet. Submission is progressive. Those presenting In Week 5, for example, must hand in their papers in by 11.59pm on the Monday of Week 6. This will allow students to take into consideration any comments made during and after the presentation. Marked papers will be returned to students along with the presentation mark. Feedback: Students will be provided with feedback from the marker.

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Assessment task 2: Class Participation Intent:

The ability to communicate clearly and effectively present a legal argument or perspective on a specific issue is an essential legal skill.

Objective(s): This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.0, LAW.4.0 and LAW.5.0 Weight:

10%

Task:

Class participation is worth 10% of your total mark in the course. This component comprises your participation in class over the course of the session. Adequate attendance (80%) will only go towards a pass for participation. Your mark will be based upon the quality, not quantity, of your contributions. You will be rewarded for oral contributions, which demonstrate that you have read the designated materials, answered the seminar questions, and reflected on the issues raised.

Due:

Ongoing

Criteria:

Coming to class prepared with questions about issues that you have not understood or which you think require further discussion Active participation in class discussions, based on preparation or building on peers’ contributions Ability to verbally express ideas in a clear, logical and succinct manner Ability to deal with questions, counter arguments and interjections, and promote and/ or participate in discussion Ability to show how you have identified and analysed the issues currently shaping criminal law, including the theoretical underpinnings of the criminal law

Further Feedback: students will be provided with feedback from the marker including where students went information: well and areas for improvement.

Assessment task 3: Research Essay Intent:

This task is intended to assess your research skills, your ability to analyse and evaluate issues in relation to the development of the law, and your ability to develop a clear and well-reasoned argument on the criminal law.

Objective(s): This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.0, LAW.4.0 and LAW.5.0 Weight:

50%

Task:

Students must select a research question/topic that reflects the syllabus for this subject. This can be one of the set topics/questions or a variation on this. Students CANNOT choose an essay topic that is the same as that for their class presentation. The materials provided for each topic are a starting point for your essay. Students are expected to add to these through their own research. This could be in the form of further journal articles, government reports and parliamentary debate. If students wish to write an essay outside of the selected areas then the Subject Coordinator must

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