LAWGENRL 715 : Special Topic: Comparative Crime

Law

2024 Semester One (1243) (30 POINTS)

Course Prescription

No prescription

Course Overview

Criminal law is commonly seen as one of the defining features of State power, with doctrines meant to justify and legitimise punishment and be intelligible to citizens. Through the lens of comparative law we can differentiate doctrines and their reasoning as well as the values of legal actors and the wider society that they inhabit. In short, this course will engage with criminal law theory, doctrine and practice from common law and civilian legal systems, to better understand the role of criminal law in modern societies. The course does not have formal prerequisites, although having studied criminal law would make it a lot simpler to start out on.

The jurisdictions covered are focused on England and Wales, France, and Germany, as counterpoints to criminal law in New Zealand. No foreign languages are required, as the relevant materials are made available in English. The course includes an introduction to comparative law methods and techniques, which will be of value beyond these jurisdictions and the specific subject matter of criminal law.

The course begins by considering the general part of criminal law, the general principles underpinning and running through the individual offences making up the special part. Examples include the construction of criminal liability, the drafting and formulation of offences and defences, fault concepts and strict liability, and complicity. It also consider individual offences such as homicide offences and sexual offences. Finally, it explores the outer limits of criminal law, compared to other areas of law, like tort law, regulatory rules, and public law.

The course considers how morality, principles, values and doctrine are weighed and embedded in different legal systems, and the roles of different legal actors in bringing into force the criminal law. 

Topics may include:
• Comparative law methods
• Construction of criminal liability;
• Drafting and formulation of offences and defences;
• Fault concepts (including intention, recklessness, negligence, and strict liability)
• Participation and complicity
• Homicide
• Sexual offences

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Articulate and evaluate the fundamental elements of the criminal law from a comparative perspective. (Capability 3.1 and 4.1)
  2. Critically reflect upon the doctrine and legal principles underpinning criminal law from a comparative perspective (Capability 4.1 and 5.1)
  3. Engage critically with the core principles criminal law in the relevant jurisdictions. (Capability 3.1, 4.1 and 5.1)
  4. Engage with the current issues of principle and policy underlying the diverse array of issues dealt with in comparative criminal law, in the jurisdictions covered by this course. (Capability 4.1 and 5.1)
  5. Communicate effectively, coherently, persuasively and respectfully for different audiences, in both oral and written modes. (Capability 6.1)

Assessments

Assessment Type Percentage Classification
Class participation 10% Individual Coursework
Research outline 10% Individual Coursework
Research essay 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Class participation
Research outline
Research essay
Class Participation  (10%)
¨ The extent of preparation for leading the discussions, in particular the analysis of the reading materials and guided questions
¨ The depth and thoroughness of understanding of the reading materials and guided questions
¨ The ability to draw worthwhile conclusions in the class discussion
¨ Thoughtfulness of contributions
¨ Generally, engagement in class and respect for fellow students
Research outline (10%) 
 The research outline should provide  an abstract that outlines the proposed research question and main thesis of the student’s research essay and an outline of the structure of the proposed research essay. 
Research Essay (80%) 
Each student is required to submit a research essay of no more than 12,000 words, including footnotes. 

Workload Expectations

This is an intensive 30-point course taught over five working days. There will be around 40 hours of lectures/seminars in this course. As a general guide you should expect a workload of four hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours. 

Delivery Mode

Campus Experience

Attendance is expected over the five day intensive and the class proceeds with student presentations and discussions in a seminar style.  Because the course is designed to be participatory, it depends upon students being personally present and contributing. 

The course will not include live online events.

The activities for the course are scheduled as a block delivery.

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.

This is the first time this course has been taught.

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 01/11/2023 02:47 p.m.