Handbook : Unit informationEdith Cowan University

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

• Unit Title

  Advanced Criminal Law

• Unit Code

  LAW4206

• Year

  2016

• Enrolment Period

  1

• Version

  1

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

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Description

In this unit students will critically examine crime, criminal law and related institutions.The unit will build on the basic principles upon which criminal laws are founded and operate, including the processes used to establish criminal responsibility, criminal procedure and sentencing. Students will explore in a critical context specialist courts including drug court and the domestic family violence court and the various diversionary progams in Western Australia involving both adult and children's court. This will involve a critical contextual and interpretive approach to the criminal justice system with emphasis on specialist courts and related institutions designed to reduce the incidence of crime in Western Australia.

Non Standard Timetable Requirements

Will be delivered through a combination of online materials (Blackboard), and two days intensive on-campus.

Prerequisite Rule

Students must pass 1 units from LAW1214

Equivalent Rule

Unit was previously coded LAW5606

Learning Outcomes

On completion of this unit students should be able to:

1. Apply critical reasoning skills and appreciation of the broader contextual interpretive issues that impact upon sentencing and criminal law and practice.
2. Define and apply the concepts of crime, criminal law and related institutions.
3. Demonstrate a detailed knowledge of the key factors and processes involved in determining criminal responsibility.
4. Develop and present arguments for an appropriate penalty for a convicted person with antecedent drug and alcohol addiction.
5. Evaluate key sentencing innovations which will impact upon the development of WA sentencing law.
6. Explain and critique the relationship between Western Austalia's sentencing legislation and specialist courts.

Unit Content

1. Aboriginal Customary Law.
2. Alternative sentencing practices and procedure including non-custodial dispositions; pecuniary measure - fines, restitution, compensation and community based measures.
3. Crime Prevention.
4. Criminal procedure including diversionary programs.
5. Critiquing conventional government thinking on criminal justice policy.
6. Key definitions of crime, criminal law, criminal responsibility and sentencing.
7. Principles and practice of sentencing practice, including; serious offenders, multiple offenders, parole, remission, persistent offenders, dangerous and mentally disordered offenders, violent offenders and mandatory sentencing.
8. Principles involved in establishing criminal liability.
9. Principles of appellate criminal law.
10. Rethinking the law and order debate as a tool for improving the criminal justice system in contrast to a political election tool.
11. Specialist courts: Drug Court, Family Domestic Violence Court and Intellectual Disability Diversion (Court) Program.
12. Young offenders and the Children's Court.

Additional Learning Experience Information

Lectures, workshops, case studies and practical exercises and may involve attendance at court or other places of relevance to a particular topic in this unit or having significance to the overall conduct of this unit. Students will have three hours per week contact divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

Text References

• ^ Criminal Procedure Act 2004 (WA).
• ^ Bail Act 1982 (WA).
• ^ Young Offenders Act 1994 (WA).
• ^ Sentencing Act 1995 (WA).
• ^ Edney, R.,& Bagaric, M. (2007). Australian sentencing, Principles & practice. Port Melbourne, VIC: Cambridge University Press.
• ^ Criminal Code 1913 (WA).
• Nolan, J. L. (2001). Reinventing justice: The American drug court movement. Princeton University Press.
• Michael King, Arie Freiberg, Becky Batagol, Ross Hyams (2009). Non-Adversarial Justice. Annaddale, NSW: The Federation Press.
• Hogg, R. & Brown, D. (1998). Rethinking law and order. Annandale: Pluto Press.
• Colvin, E., Linden, S., & McKechnie, S. (2008). Criminal law in Queensland and Western Australia 5th ed. Butterworths: LexisNexis.

^ Mandatory reference

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