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Criminal Institutions (LAWS90136)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 2
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 2 |
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Fees | Look up fees |
Criminal law takes place in institutions. This subject studies the various public institutions that make up the official landscape of contemporary criminal law. It moves from police and prosecution offices, via anticorruption agencies and Royal Commissions, to courts and their procedures of trial and appeal, and thence to correctional prisons and allied custodial environments such as offshore detention regimes. It concludes with a consideration of criminal law reform bodies. Throughout, the central theme is the laws of criminal procedure and the ecology of institutional forums and officials that compose contemporary law. As French CJ remarked in his 2016 speech “Criminal Law in the 21st Century”, “criminal law engages the legal system generally …. criminal lawyers cannot live in silos.”
The studies of criminal institutions provide an in-depth treatment of their complex problems, procedures and forms of knowledge. Four specific themes provide orientation:
- the criminal jurisprudence of legal procedures, officials and fora;
- the ways in which the institutions of criminal law engage the legal system more generally, and lawful practices specifically.
- relations of institution, procedure and questions of criminal liability
- comparative and transnational dimensions of the institutions and procedures of criminal law
The course teaching has three parts. The first part concerns institutions and procedures of investigation, inquiry, and prosecution. Exemplary institutions are Police Services, Public Prosecution Offices, as well as Crime Commissions and Royal Commissions. Illustrative procedures concern transnational policing as well as the audio-visual recording of interviews and confessions; anti-corruption agencies and their implications for the accusatorial character of the criminal trial process as well as the privilege against self-incrimination. Public Prosecution Offices are relatively recent institutions and will be studied comparatively. Legal Aid Commissions and agencies provide a contrasting example of criminal defence lawyering.
The second part addresses institutions and procedures of adjudication. The exemplary institution is the Criminal Court. The forms of adversarial and inquisitorial jurisdictions, as well as the plural jurisdictions of specific criminal courts, are introduced and studied. Specific procedures will be selected for in-depth treatment, such as trial by jury (including jury directions, and provisions for trial by judge alone), criminal appeals (both conviction and sentence appeals), the design of indigenous courts and other contemporary criminal courts.
The third part addresses the institutions and procedures of detention. The exemplary institution is the Prison. Beyond the correctional prison and its allied procedures of bail and parole, detention extends to institutions for the criminally insane, for young offenders, and the detention of asylum seekers. Illustrative examples will be selected for close reading. These may include – Forensicare and mental impairment, the litigation regarding the detention of juveniles in Barwon prison, an adult prison; Don Dale and the Royal Commission into the Protection and Detention of Children in the Northern Territory; deaths in custody and crimmigration; parole reform and recent high profile cases; security, detention and fair trial during terrorism trials.
By way of a conclusion, the final part concerns Law Reform Bodies. Illustrative topics will be drawn from a current law reform inquiry that addresses the procedures and institutions of criminal law.
Invited speakers from a sample of the above institutions will supplement the in-class discussion and close reading of the essential readings.
Intended learning outcomes
A student who has successfully completed this subject should have an advanced understanding of the institutions and procedures of criminal law, as well as be able to critically analyse, engage with, and evaluate to a high standard the bodies of knowledge and practices that compose this specialised area of legal study. This specifically includes an expert understanding, analysis and evaluation of:
- The various institutions that make up the contemporary landscape of criminal law, including but not limited to the institutions of police, crime commissions and royal commissions, public prosecution and defence lawyering, courts, prisons and custodial environments, as well as criminal law reform bodies;
- Institutions of investigation, inquiry and prosecution; institutions of adjudication with specific reference to trial and appeal, institutions of detention and their allied custodial environments, and law reform institutions;
- The traditions of adversarial and inquisitorial forms of criminal procedure, as well as their implications for the current conduct and understanding of criminal law.
- Specific case studies of criminal procedures, such as transnational policing, the privilege against self-incrimination, committal procedures, trial by jury, conditions of detention and fair trial, the history of the appellate jurisdiction in criminal law, miscarriages of justice and the rise of sentence appeals, parole processes and questions of liability.
- Criminal jurisprudence concerned with the institutionalisation of criminal law, its legal procedures and forms of knowledge;
- The conduct, forms and offices of various criminal institutions and their relations to legal systems; and specific lawful practices;
- The differentiated ways in which institutions of criminal law shape questions of criminal liability, evidence and procedure;
- The complex interaction between national and transnational forms of selected institutions studied, with specific in-depth comparative studies.
In addition, a student who has completed the subject will have obtained:
- A rich and nuanced appreciation of the complexity and variety of the current scholarship on specific criminal institutions, and the jurisprudence of procedure;
- A specialised and integrated knowledge of the laws of criminal procedure, and their comparative and transnational dimensions;
- In-depth knowledge of the institutional ecology of criminal law and in depth research on at least one specific criminal institution;
- The ability to analyse complex problems of criminal institutions and procedures from a variety of perspectives, as well as the capacity to exhibit a well developed judgment on the worth of those perspectives for scholarly understanding;
- The capacity to independently conduct further specialised research in criminal law, whether in higher education or in professional practice.
Generic skills
- Specialist knowledge in legal institutions concerned with crime and criminal law;
- Investigation, analysis and evaluation of the institutional and theoretical issues that are engaged by criminal procedure;
- Ability to respond to and effectively communicate – in both oral and written forms - cogent and nuanced arguments concerning the variety of ways through which criminal law is institutionalised;
- Conducting in-depth research independently and at a high level, including the ability to generate complex ideas and form well-developed judgments as to the worth of those ideas for thinking about and understanding institutions in criminal law;
- Writing up research which presents an extended argument that is informed by and integrates current scholarship in criminal law and the institutional study of law; and
- Exercise professional judgment in responding to the questions of criminal law raised by the social practices of legal institutions.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
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
Students are required to submit a topic statement and a research essay as their assessment for the subject.
Topic Statement (1,500 words, 20%)
This requires a written statement of the proposed topic for the Research Essay and an evaluation of two articles relevant to the topic. Length 1,500 words max. The topic statement should clearly identify the topic of the proposed essay; presents the themes of the essay; cogently demonstrate the worth of the chosen approach; as well as present a brief evaluation of two relevant articles with which the essay will engage in an advanced manner. Feedback on the submitted topic statement will be provided, indicating directions for further developing the topic and argument for the purposes of the Research Essay.
The Topic Statement is an interim assessment, which will be due approximately midway during the teaching semester. It is worth 20% of the overall result for the subject.
Research Essay (3,500 words, 80%)
This requires a 3,500 word research essay, on a topic chosen and independently developed by the student and approved by the subject coordinator. The Research Essay is expected to show an advanced understanding of the procedures and forms of public institutions in criminal law. In particular, it is expected that students will generate complex argumentation, evaluate the forms and values of knowledge relevant to the subject, as well as demonstrate creativity and initiative in the development of their in-depth understanding of the specific issues addressed in the essay.
The Research Essay is the final assessment for the subject, and will be due approximately two weeks after the end of the in–class teaching. It is worth 80% of the final result for the subject.
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Peter Rush Mode of delivery On Campus (Parkville) Contact hours 27 hours Total time commitment 144 hours Pre teaching requirements 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. Teaching period 23 July 2018 to 21 October 2018 Last self-enrol date 4 December 2017 Census date 31 August 2018 Last date to withdraw without fail 21 September 2018 Assessment period ends 16 November 2018 Semester 2 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials – both primary and secondary – will be collated for the subject and made available from Melbourne Law School. Online materials, as well as relevant websites, will supplement the essential readings.
Last updated: 3 November 2022