Outline

Overview

Can the presence of a charter of rights in a jurisdiction lead to improved protections for criminal offenders against laws that punish them harshly, or authorise or require the judiciary to do so? It is often assumed that human rights charters can, or even will, cause the rights of such unpopular minorities to be better protected than they otherwise would have been – but such claims are often not properly substantiated. In this unit, we will expose them to critical scrutiny. In doing so, we will compare certain judicial decisions in jurisdictions, such as the United States, United Kingdom, Canada and Victoria, where a charter is in force, with those in Australian jurisdictions where no charter of rights has been enacted. What effect does, or can, the enactment of a charter have on judicial reasoning? Can charters cause the law to become less punitive than it otherwise would have been? Topics to be considered might include: the death penalty; corporal punishment; irreducible life sentences; mandatory sentencing; and preventive detention. Decisions of the European Court of Human Rights, the United States Supreme Court and the superior courts in Australia, Canada, New Zealand and the United Kingdom will be closely analysed. And consideration will be given to this, vexed, question: even if charters of rights are, or can be, effective, are they desirable?

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1014 and LAWS1021
Corequisites ?	None
Prohibitions ?	LAWS5224
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Andrew Dyer, andrew.dyer@sydney.edu.au

Assessment

The census date for this unit availability is 2 April 2024

Details
Criteria

Type	Description	Weight	Due	Length
Supervised exam ?	Final exam (60%) Supervised final exam, on-campus	60%	Formal exam period	2.5 hours
Outcomes assessed:
Assignment	Research Essay (40%) Research essay	40%	Week 07 Due date: 08 Apr 2024 at 23:59 Closing date: 28 Apr 2024	2500 words / 7 weeks
Outcomes assessed:

Assessment summary

Research Essay (40%): Students are to submit a Research Essay about an area of law considered in the first half of this unit of study. The total word count is 2500 words (not including references). Any words in excess of the word limit will not be read or marked.
The topic questions will be released via Canvas at 9:00am on 19 February 2024 Sydney, Australia time. The Research Essay is due on at 11.59pm on 8 April 2024 Sydney, Australia time.
The outcome of a grant of special consideration application may include an alternative task administered by viva voce, at the discretion of the Unit Coordinator, that has been designed to meet the same learning outcomes as the original assessment.

Final Exam (60%): The final exam is an open book exam (hard copy/ printed materials only; no electronic devices), covering all material in this unit of study. The final exam is 2.5 hours (plus 30 minutes reading time). The total duration is 3 hours. The exam will be held during the university's formal exam period and will be conducted as an in-person pen to paper.
The outcome of a successful Special Consideration application will be a replacement exam.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of 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 all footnotes and any bibliography (if required).

Use of editors and automated writing tools: Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

These guidelines are designed to provide students with an understanding of the standards applied when grading assessments. Students should note that the type of assessment will affect the relevance of each factor. For example, the amount and type of research required will vary between a research essay, which will require independent research beyond the prescribed materials, and a problem question which may only require appropriate analysis of the prescribed materials. Conversely application of law to the facts is crucial in problem questions, where often less so in research essays.
These standards may be applied in conjunction with specific marking criteria.

Result name	Mark range	Description
High distinction	85 - 100	Work receiving a high distinction grade will generally exhibit the following characteristics: • 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	Work receiving a distinction grade will generally exhibit the following characteristics: • 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	Work receiving a credit grade will generally exhibit the following characteristics: • 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	Work receiving a pass grade will generally exhibit the following characteristics: • 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 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	Work may fail for any or all of the following reasons: • 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.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty. Late penalties do not apply to exams and tests and any late submission will not be accepted.

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.

Learning support

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Unit of study Introduction	Seminar (2 hr)
Week 01	When Does a Punishment Breach Human Rights?	Seminar (2 hr)
Week 02	Preventive Detention and the Separation of Powers: Kable v DPP and the Reaction to It	Seminar (2 hr)
Week 02	Preventive Detention and the Separation of Powers II: the Fardon Retreat	Seminar (2 hr)
Week 03	Preventive Detention and the Separation of Powers III: Benbrika	Seminar (2 hr)
Week 03	Preventive Detention and the Separation of Powers IV: Garlett	Seminar (2 hr)
Week 04	Irreducible Life Sentences and the Separation of Powers I: Baker (and Elliott)	Seminar (2 hr)
Week 04	Irreducible Life Sentences and the Separation of Powers II: Cementing Them in Their Cells - Crump, Knight and Minogue	Seminar (2 hr)
Week 05	Mandatory Sentencing and the Separation of Powers: Punishment by the 'Political Branches'?	Seminar (2 hr)
Week 05	Judicial Restraint and Judicial Subterfuge	Seminar (2 hr)
Week 08	Mandatory Sentencing under Charters of Rights I	Seminar (2 hr)
Week 08	Mandatory Sentencing under Charters of Rights II	Seminar (2 hr)
Week 10	Irreducible Life Sentences under Charters of Rights I	Seminar (2 hr)
Week 10	Irreducible Life Sentences under Charters of Rights II	Seminar (2 hr)
Week 11	Preventive Detention under Charters of Rights	Seminar (2 hr)
Week 11	''Weak-form' Charters and Punishment'	Seminar (2 hr)
Week 12	''Strong-form' Charters and Punishment I: Grossly Disproportionate Penalties under the US Constitution	Seminar (2 hr)
Week 12	''Strong-form Charters and Punishment II: Life under the US Constitution'	Seminar (2 hr)
Week 13	Are Charters of Rights Wrong?	Seminar (2 hr)
Week 13	Revision	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

Referencing: The Sydney Law School expects you to use 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 library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4 

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

All readings for this unit can be accessed through the Library’s reading list system Leganto, available on Canvas.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. Through an intense focus on judicial decisions from various jurisdictions, students will develop (a) their ability to integrate and critically apply knowledge and (b) skills and techniques associated with the discipline of law (for example, the ability to read cases carefully and to reflect critically on judicial reasoning).
LO2. Through a deep engagement with case law, statutes, and legal, philosophical and criminological literature, students will develop the ability critically to analyse the law relating to the punishment of criminal offenders (and to define and understand the legal problems that arise in this area). They will also develop the ability to formulate and defend solutions to legal problems.
LO3. Students will develop the ability to communicate their ideas skilfully in written form; and, by studying the law in different jurisdictions, they will gain knowledge that allows them to enrich their understanding of, and their engagement with, the law and legal issues in various social contexts.
LO4. Students will develop the ability skilfully to access, synthesise, utilise and manage information through effective legal research strategies and the responsible use of appropriate resources etc.
LO5. Because students will consider philosophical and criminological material in the unit (as well as legal material), they will develop the ability to (a) integrate and synthesise legal and non-legal viewpoints and practices and (b) work effectively across disciplinary and professional boundaries.

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
Learning outcomes

Responding to student feedback

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

This is a new unit of study.

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3524: Charters of Rights and Criminal Punishment

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect