LAWPUBL 417 : Special Topic: Comparative Criminal Law: Aotearoa New Zealand and the USA

Law

2025 Summer School (1250) (15 POINTS)

Course Prescription

An examination of criminal law and criminal justice in the United States and Aotearoa New Zealand, with an emphasis on how different histories and values have shaped and continue to shape the criminal justice systems of these jurisdictions.

Course Overview

Through a comparative approach to criminal law, this course asks students to examine criminal justice issues from a new perspective. Students will have the opportunity to study the intricacies of criminal law in both New Zealand and the United States, and to consider the futures of our respective justice systems.

This course aims to provide students with a birds-eye view of the world of criminal law: from charging decisions, to jury selection, to closing statements and verdicts, to sentencing. It will also challenge students to reflect on how we got here: how each of our societies have responded (or failed to respond) to unique criminal justice challenges, and how the way we perceive justice and how much of the differences between our two systems are shaped by our different values and cultures. Students will also consider how the influence of the United States has affected the implementation of New Zealand's criminal law over time.

This course is taught by Jessie Fenton, a former prosecutor currently working as a Crown Counsel in Crown Law's criminal team. Jessie is also a recent graduate of Yale Law School's Masters programme.

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
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and analyse differences and similarities in the US and New Zealand criminal justice systems. (Capability 3.1 and 4.1)
  2. Understand and critically explore criminal law policy issues affecting both the US and New Zealand. (Capability 1.2, 3.2 and 5.1)
  3. Think and write about — and also be able to discuss — how historical and cultural factors have shaped our criminal justice systems. (Capability 1.1 and 3.1)
  4. Explain and apply different methods to persuade decision makers in each jurisdiction. (Capability 4.1, 4.2 and 6.1)
  5. Discuss and critically evaluate the future of New Zealand's criminal justice system. (Capability 1.1, 1.2 and 5.1)

Assessments

Assessment Type Percentage Classification
Reflection 25% Individual Coursework
Assignment 25% Individual Coursework
Final Exam 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Reflection
Assignment
Final Exam

Workload Expectations

This is a standard 15-point course, but is taught as a summer school intensive. There will be around 24 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 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at lectures.  Class discussions will play a major role in this summer school course. 
Lectures will be available as recordings. 

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 course is being offered this year for the first time. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 19/12/2024 12:00 p.m.