LAWPUBL 420 : Advanced Criminal Law
Law
2020 Semester One (1203) (15 POINTS)
Course Prescription
Course Overview
This course is for students wishing to undertake an in-depth examination of selected topics in criminal law and the criminal justice process of Aotearoa New Zealand. The course begins by exploring the meaning and construction of crime, the purposes of the criminal justice process, and the extent to which the criminal justice process in Aotearoa New Zealand is fit for purpose. The remainder of the course examines and evaluates selected topics, which may include: indigenous peoples and the criminal justice system; family violence, intimate partner violence and the criminal law; the purpose of punishment and use of imprisonment; victims and the criminal process; restorative justice; therapeutic jurisprudence; and Alcohol and Other Drug Treatment Courts and other solution-focused courts. The focus adopted in the course is on ‘law-in- action’ and ‘law-in-context’. The course will encourage a critical appreciation of the issues covered. Where appropriate, comparison with other jurisdictions will be discussed.
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
- Identify, explain and evaluate the meaning and construction of crime, the purposes of the criminal law and criminal justice process, and the extent to which the criminal justice process in Aotearoa New Zealand is fit for purpose. (Capability 1.1, 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)
- Explain and critically evaluate key issues in criminal law and criminal justice, which may include: indigenous peoples and the criminal justice system; family violence and intimate partner violence and the criminal law; the purpose of punishment and the use of imprisonment. (Capability 1.1, 1.2, 1.3, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1, 6.1, 6.2 and 6.3)
- Explain and critically evaluate the position and role of victims in the criminal justice process, and key debates on victim participation and policy. (Capability 1.1, 2.1, 2.2, 2.3, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 6.2 and 6.3)
- Explain and critically evaluate alternative responses to crime, including restorative justice, therapeutic jurisprudence, and problem-solving courts. (Capability 1.1, 1.3, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2, 5.1, 6.1, 6.2 and 6.3)
- Develop and demonstrate legal research and analytical skills in preparing written tasks, contributing to online discussions, and in reading and analysing the material discussed in lectures and the prescribed course reading. (Capability 1.1, 1.3, 2.2, 2.3, 3.1, 3.2, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 and 6.3)
- Demonstrate effective oral and written communication skills through participating in class discussions and completing written tasks. (Capability 4.1, 4.2 and 4.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Reflection/Response Paper | 10% | Individual Coursework |
| Reflection/Response Paper | 30% | Individual Coursework |
| Final Examination | 60% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| Reflection/Response Paper | ||||||||||
| Reflection/Response Paper | ||||||||||
| Final Examination | ||||||||||
Learning Resources
A course casebook is available for purchase from the university bookshop, Ubiq. If you do not wish to purchase the casebook, you will find a link to a PDF of the casebook on the course canvas page. Also, links to the electronic reading materials, including additional reading, can be found under the Reading List tab on canvas.
There is no set textbook for the course but you may find relevant chapters from Tolmie, J and Brookbanks, W, (eds), Criminal Justice in New Zealand (LexisNexis, Wellington, 2007) helpful.
Workload Expectations
This is a standard 15-point course. There will be around 36 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.
Digital 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.
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.
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 at 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.
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.
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.