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Criminal Law, Poverty and Justice (LAWS70413)
Graduate coursework level 7Points: 12.5Not available in 2018
Overview
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What is the relationship between human rights and just criminal sentencing? Does the level of imprisonment reflect something significant about the character of a society? The world’s population of incarcerated people has increased dramatically in recent decades. Mass incarceration, sentencing policies and excessive punishment have become serious issues in the United States and many other nations, while the reliability and fairness of the criminal justice system have been questioned. This subject will examine the costs of modern trends towards increased use of incarceration and the impact of these policies on vulnerable populations like juveniles, the mentally disabled, racial minorities and the poor. In this subject, the rule of law surrounding crime and punishment is explored through a human rights frame with attention to reform strategies and the way forward.
Principal topics will include:
- Sentencing policy
- Mass incarceration and excessive punishment
- The impact of current policies on the poor and vulnerable
- Reform law and litigation strategies
- The intersection of human rights and criminal law
Intended learning outcomes
A student who has successfully completed this subject will:
- Have increased knowledge of sentencing laws and criminal punishment policy
- Be able to articulate a thoughtful and informed perspective on punishment policy including mass incarceration, excessive punishment and the plight of the vulnerable in criminal justice systems
- Articulate advanced thinking on what fairness requires for just administration of the criminal law in the 21 st century
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
Take-home examination (100%)
Last updated: 3 November 2022
Dates & times
Not available in 2018
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022