LAWGENRL 714 : Restorative and Therapeutic Justice

Law

2024 Semester One (1243) (30 POINTS)

Course Prescription

No prescription

Course Overview

This course is for students who wish to undertake an in-depth examination of restorative justice and therapeutic justice theory and practice within the criminal justice system.

Restorative justice has been advanced within criminal justice as an alternative way of defining and responding to crime in which those most affected by an offence – the victim, the offender, and the community – come together to work out how to repair the harm caused and deal with the aftermath of the offending. As such, it is an approach to justice that can be distinguished in many ways from the traditional responses to crime – retributive and rehabilitative.  The course examines the core values of restorative justice and key restorative processes; charts the history and development of restorative justice; considers some of the critical issues within the theory and practice of restorative justice, including the meaning(s) of restoration, the relationship of restorative justice to indigenous justice, its relationship to punishment and reintegrative shaming, and explores the role(s) of the victim, the offender and the community – the key stakeholders in restorative justice. The course also explores and assesses the use of restorative justice in a variety of criminal justice contexts in Aotearoa, including  youth offending, family violence and sexual violence, and within and as an alternative to prison. 

Therapeutic justice views the law as a healing agent and seeks to reshape the use of the law to minimise anti-therapeutic consequences and promote therapeutic consequences. In recent years, Aotearoa has expanded the use of specialist, solution-focused courts underpinned by therapeutic justice values. The course examines the core values and development of therapeutic justice, and assesses the use of specialist courts in Aotearoa,  including Ngā Kōti Rangatahi (The Rangatahi Courts), Te Whare Whakapiki Wairua (The Alcohol and Other Drug Treatment Court) and recent developments in the District Court - Te Ao Mārama.

The course content focuses on the criminal justice system in Aotearoa, with discussion of overseas examples where appropriate. The course adopts a discussion-based approach to learning. The course content is taught intensively over five days in semester one.

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 1: People and Place
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically analyse the core values, conceptual underpinnings, and impacts of restorative justice and therapeutic justice in the criminal justice context. (Capability 1.2, 3.1, 4.1 and 5.1)
  2. Critically evaluate the use of restorative justice and therapeutic justice in a range of criminal justice contexts, including youth offending, family violence and sexual violence, specialist courts, and within and as an alternative to prison. (Capability 1.2, 3.1, 4.1 and 5.1)
  3. Generate, apply and justify solutions to respond to complex issues in the theory and practice of restorative justice and therapeutic justice. (Capability 1.2, 3.1, 4.1 and 5.1)
  4. Effectively undertake in-depth research on a topic of their choice related to the course. (Capability 1.2, 3.1, 4.1, 5.1, 6.1 and 8.1)
  5. Synthesise and communicate ideas effectively and persuasively in written and oral communication on issues related to restorative justice and therapeutic justice. (Capability 3.1, 4.1, 5.1, 6.1, 7.1 and 8.1)
  6. Effectively communicate, develop and test ideas with others in the class and in small group discussion on issues related to restorative justice and therapeutic justice, listen respectfully, and engage with and critique others’ views in a constructive and respectful way. (Capability 6.1 and 7.1)

Assessments

Assessment Type Percentage Classification
Class and group discussions 10% Individual Coursework
Oral presentation 10% Individual Coursework
Research essay outline 10% Individual Coursework
Research essay 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Class and group discussions
Oral presentation
Research essay outline
Research essay

Workload Expectations

This is a standard 30-point course. There will be around 36 hours of lectures/small group teaching in this course. As a general guide, you should expect the total workload for this course to be 300 hours.


Delivery Mode

Campus Experience or Online

This course is offered in two delivery modes:

Campus Experience

Attendance is expected at scheduled activities including class and group discussions to complete the components of the course.

Lectures will be available as recordings. 

The teaching for the course is scheduled as an intensive/block delivery over five days.

Where possible, study and reading materials will be available at course commencement; further material may be released progressively throughout the course. 

Online

Attendance is expected at scheduled online teaching activities (class and group discussions) to complete the components of the course.

The course will be taught through live/synchronistic online teaching activities, including class and group discussions. 

Lectures will be available as recordings. 

The teaching for the course is scheduled as an intensive/block delivery over five days.

Where possible, study and reading materials will be available at course commencement; further material may be released progressively throughout the course.


Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

The topics for the course, and the process of teaching and learning in the course, always takes into account the feedback of students, both during and after the course.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 14/11/2023 05:19 p.m.