LAWHONS 753A/B : Special Topic: Restorative and Therapeutic Justice

Law

2023 Semester One (1233) / Semester Two (1235) (20 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. New Zealand has been recognised worldwide for its use of family group conferencing for young people who offend. There are key questions around the extent to which youth justice family group conferences promote and apply restorative justice values, and the extent to which restorative justice should be used in cases of family violence and sexual violence, and post-sentence, including in prison. Through examining legal rules, legal procedures and the role of legal actors, 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 courts underpinned by therapeutic justice values.  The course content focuses on the criminal justice system in Aotearoa, with discussion of overseas examples where appropriate. 

Main topics include: the core values of restorative justice and therapeutic justice, and their history and development; selected critical issues within restorative justice and therapeutic justice, including their relationship to one another, indigenous justice, and punishment,  the meaning(s) of restoration, healing, and reintegrative shaming, the role of the victim, the offender, the community, and the court;  the use of restorative justice and therapeutic justice as a response to youth offending, including youth justice family group conferences and Ngā Kooti Rangatahi (the Rangatahi Courts); the use of restorative justice as a response to family violence and sexual violence; the use of restorative justice post-sentence, including in prisons; and the use of specialist courts, including Te Whare Whakapiki Wairua, the Alcohol and Other Drug Treatment Court, and recent developments in the District Court - Te Ao Mārama.

 The course adopts a discussion-based approach to learning. The course content is taught intensively over five days in semester one. In the second semester, each student will give a presentation to the class on the individual research topic on which they are writing their research paper, with discussion and feedback. 

Course Requirements

To complete this course students must enrol in LAWHONS 753 A and B

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify, describe and demonstrate an understanding of of the core values of restorative justice and therapeutic justice, their key processes, and their history and development (Capability 1.1, 1.2, 2.2, 2.3, 3.1, 4.1 and 6.1)
  2. Explain and critically evaluate selected issues of debate within restorative justice and therapeutic justice theory and practice. (Capability 1.1, 1.2, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2 and 6.1)
  3. Explain and critically evaluate the use of restorative justice as a response to youth offending, family violence and sexual violence, and post-sentence, including in prisons. (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1, 6.1, 6.2 and 6.3)
  4. Explain and critically evaluate the use of therapeutic justice as an underpinning of specialist courts in Aotearoa. (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 and 6.3)
  5. Develop and demonstrate effective legal and analytical skills in completing the course readings and materials, contributing to class discussions and the presentation, and completing written work. (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Class participation 10% Individual Coursework
Presentation 10% Individual Coursework
Seminar research paper 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Class participation
Presentation
Seminar research paper

Workload Expectations

This is a standard 20-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours. However, given how an honours seminar operates, the reality is that the workload will be different depending on the time of year. In semester one, you will likely need to spend several hours per class in order to be properly prepared to participate in class discussion. In semester two, unless you are presenting on one of the three days allocated for the presentations, this will not be necessary. However, you should be working on your seminar research paper steadily throughout the year. 

Delivery Mode

Campus Experience

Attendance at seminars is required to receive credit for certain components of the course. Seminars will not be recorded. The teaching in semester one is taught intensively over five days. In semester two, each student will give a presentation to the class on the individual research topic on which they are writing their research paper, with discussion and feedback. 

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.

The reading for this course during semester one will be provided via Canvas.  

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.

I will seek to make the course reading materials available at the start of semester one. 

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 against online source material 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 20/12/2022 10:23 a.m.