Outline

Overview

This unit critically examines the development of the modern criminal law and process broadly since end eighteenth century. In terms of process, topics to be considered may include: the development of the adversarial trial system, the decline of capital punishment, the formalization of rules of evidence and proof the growth of the summary jurisdiction and the appearance of hybrid civil criminal procedural forms. In terms of criminal law topics may include: non-fatal offences against the person sexual offences possession and endangerment offences. The discussion of these topics is set in the context of legal scholarly discourse criminal law theory and the unit provides opportunity for reflection on the contemporary challenges of coordination and legitimation facing the criminal law. This unit adopts an explicitly critical sociohistorical approach to the study of law. Discussion of relevant legal theoretical scholarship forms a core part of the subject matter of the unit.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	undergraduate criminal law or permission given by Unit Coordinator
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Arlie Loughnan, arlie.loughnan@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Class Participation Class participation in all class discussions and small groups	10%	Ongoing	In class over the length of the unit
Outcomes assessed:
Presentation	Class Presentation Presentation of reading set for discussion	20%	Progressive	One class during unit
Outcomes assessed:
Assignment	Research Essay Independent research essay on topic of student's own choosing	70%	Week 13 Due date: 04 Jun 2021 at 17:00	6000 words
Outcomes assessed:

Assessment summary

Students will be expected to show competencies and levels of understanding which are compatible with the advanced study of criminal law. The assessment regime is designed not only to identify student attainment but also to provide students with the opportunity to widen their research and reading as well as to benefit from feedback regarding their research and participation.

Class Participation & Presentation (Total 30%): 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 (20%). In addition, students will be assessed on in-class participation across the semester (10%). Criteria for this assessment include evidence of preparation, including 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 Essay (6,000 words) (70%): The research essay, release date Friday, 16 April at 9am and due date Friday, 4 June at 5pm, 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.

The word limit is 6,000 words, and, in compliance with the School Policy, students will not be allowed to exceed the limit.

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 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.

For more information, please refer to sydney.edu.au/students/guide-to-grades

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 10% of the total marks available for 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.

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.

Weekly schedule

WK	Topic	Learning activity
Ongoing	Introduction	Block teaching (1 hr)
	The Development of the Modern Criminal Trial	Block teaching (2 hr)
	Crime over Time: from ‘Manifest Criminality’ to Subjectivism	Block teaching (2 hr)
	Library Class	Block teaching (2 hr)
	Denaturalising Criminal Offences	Block teaching (2 hr)
	The Future of Criminal Offences?	Block teaching (2 hr)
	Historical Development of Criminal Offences	Block teaching (2 hr)
	Critiquing Criminalisation	Block teaching (2 hr)
	Hyrbrid Legal Forms	Block teaching (2 hr)
	Legal, Expert and Lay Knowledges	Block teaching (2 hr)
	Criminal Wrongs	Block teaching (2 hr)
	Criminal Responsibility	Block teaching (2 hr)
	Doing Socio-Historical Study Differently	Block teaching (2 hr)
	Revision/Skills	Block teaching (1 hr)

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. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count 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 bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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 https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

Please see readings list provided in 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. 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 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.
LO3. Students should be able to identify the theoretical and thematic interconnections between criminal law doctrines through an historical/contextual analysis.
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 method by which the law has developed 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
Learning outcomes

Responding to student feedback

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

Readings have been updated to reflect student feedback and changes in contemporary scholarly and policy debates

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

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

LAWS6350: Criminal Law: History and Theory

Intensive April - May, 2021 [Block mode] - Remote

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

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