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Unit outline_

LAWS3404: Advanced Criminal Law

Semester 1, 2021 [Normal day] - Remote

This unit critically examines the criminal law, criminal justice institutions and penal practices in the context of legal scholarly debates. Topics to be considered in any one semester may include criminal responsibility, capacity, gender and criminal law, corporate criminal liability, offence construction and trends in sentencing. In addressing these topics, the unit will attempt to respond to cutting edge developments in the criminal law as they arise. Each topic forms the lens through which larger or longer-term theoretical and others issues are discussed. By contrast with the foundational unit, Criminal Law, this unit does not adopt a content - driven approach to criminal law; instead, it adopts an explicitly critical socio-historical approach to the study of law, and draws on inter-disciplinary scholarship throughout. Discussion of relevant academic scholarship forms a core part of the subject matter of the course.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1016
Corequisites
? 
None
Prohibitions
? 
LAWS5104
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Arlie Loughnan, arlie.loughnan@sydney.edu.au
Type Description Weight Due Length
Participation Class Participation
Participation in all-class discussion and small groups over the semester.
10% Ongoing Over Semester
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment Research Outline
Submit outline on proposed research topic.
20% Week 05
Due date: 01 Apr 2021 at 17:00
1500 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment Research Essay
Research Essay on proposed topic.
60% Week 13
Due date: 03 Jun 2021 at 17:00
4000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Presentation Class Presentation
Class Presentation
10% Weekly One Class per Semester
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2

Assessment summary

Class Participation and Class Presentation

The assessment will be based on the observations of the unit coordinator and on self-reflection by students. Each student will be required to present on a particular topic/one of the readings over the course of the semester. In addition, students will be assessed on in-class participation across the semester. 

Criteria for this assessment include evidence of preparation, and a demonstrated knowledge of the required readings (see further below). Feedback on the presentation of one of the readings will be given in class.

Research Outline and Presentation 

Students will be required to submit to the unit coordinator an outline of a proposed topic, which will include an explanation of the connection between the topic chosen and the unit objectives and a preliminary literature review. 

Further information about the research outline will be provided in class and some information about legal research methods will be provided in class before the research outline is due.

In the final classes, the outline will be presented by the student in conference-style class sessions designed to generate peer and unit coordinator feedback. 

The submission of the Research Outline and Literature Review in early to mid- semester will give the students enough time to formulate a topic, discuss the topic with the unit coordinator, conduct a preliminary literature review, obtain feedback and proceed with the completion of the research essay.    

Research Essay

The research essay, due at the end of semester, will be based on a topic chosen by the student in consultation with the unit coordinator. The research essay permits the student to focus on a topic of interest, and to develop independent research and analytical skills.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

Grading of Participation

Substantive dimensions of assessment are similar to those used in assessing written work. Students should seek to show that they understand the application of, and underlying reason for the use of, the skills emphasised in the seminars.

2.  Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises.

3.  The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 10 for seminar performance:

 

0 - 2         Unacceptable level of absence from seminars. Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit. 

2.5 - 5      Irregular attendance without explanation. Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars.

5.5 - 7      Regular attendance, with reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises

7.5 – 8      Regular attendance and preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration.

8.5 – 10    Regular attendance. High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks allocated to the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Studying Criminal Law: Method and Subject Matter Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 Library Class Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Offences I: Creation and Construction: Fair Labelling Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 03 Offences II: Possession: A paradigm offence? Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Offences III: An offence of Domestic Violence? Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 04 Offences IV: Sexting Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Relationship between Substance and Process Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 06 Extensions of Criminal Liability I: ‘One punch’ Killings Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Extensions of Criminal Liability II: Pre-Crime Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 07 Extensions of Criminal Liability III: Association Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Thinking Historically I: Criminal Responsibility Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 08 Thinking Historically II: Interpersonal Harm Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Thinking Historically III: Doing Socio-Historical Study Differently Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 10 Defences I: Non- Responsibility Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Defences II: Partial Responsibility Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 11 Punishment: Indefinite and Preventive Detention Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6
Research Outlines – Student workshop Online class (2 hr) LO1 LO2 LO3
Week 12 Research Outlines – Student workshop Online class (2 hr) LO1 LO2 LO3
Revision Online class (2 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography and cover page and include: body text; headings and sub-headings; quotations and footnote numbers and content.  The electronic word count is final.

Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

A set of course materials containing the required reading for the course will be available to students at the start of semester.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Students, through an analysis and evaluation of criminal law in the contemporary context, should acquire an understanding of the relationship between the current state of the law and contemporary social, political, doctrinal and procedural issues.
  • LO2. Students should be able to identify the theoretical and thematic interconnections between criminal law doctrines through an historical/contextual analysis.
  • LO3. Students should develop a familiarity with a range of different traditions and practices of criminal law and theory and be able to engage in critical reading of works of criminal law, legal theory, criminology and related fields.
  • LO4. Students should develop the ability to evaluate and synthesise in a contemporary context the knowledge acquired from class discussion and readings.
  • LO5. Students should appreciate the ways by which the law has developed over time in the areas covered in the unit
  • LO6. Students should acquire an understanding of the substantive law covered in class and in the readings

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

The assessment has been adjusted in this unit reflected student feedback.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.