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Drugs and the Death Penalty in Asia (LAWS70415)
Graduate coursework level 7Points: 12.5Not available in 2023
From Semester 1, 2023 our undergraduate programs will be delivered on campus. Graduate programs will mainly be delivered on campus, with dual-delivery and online options available to a select number of subjects within some programs.
To learn more, visit 2023 Course and subject delivery.
Overview
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Throughout Asia the treatment of drug offences varies, although many countries retain the death penalty. Students will be asked to critically evaluate drug law, criminal procedure law and penalties in Asian jurisdictions selected from (but not limited to) China, India, Indonesia, Singapore and Vietnam.
The subject’s approach is explicitly socio-legal. Students will interrogate regional primary sources and then investigate how the laws operate in practice, drawing upon identified practice and current research. There will be a strong emphasis on case studies of important judicial decisions from the countries selected. This subject is also comparative, asking students to incorporate and defend a comparative approach to their analysis.
The first part of the subject will be an introduction to relevant international regimes and the national regulatory and institutional frameworks for drugs law in each of the countries selected. The second part of the subject will comprise a series of studies of significant and/or high-profile case studies from the countries selected, in which the practical application of the regimes examined in the first half are investigated. A comparative approach will be applied throughout.
Principal topics include:
- Key approaches to socio-legal comparative legal studies in the 21st century
- Diverse approaches within Asia to the regulation of drugs, through detailed and nuanced examination of the relevant criminal and procedure laws, taking into account different legal systems, social, political and cultural traditions, structures and practices
- The role played by different legal institutions in the regulation of drugs offences regionally, including courts, police, prosecutors, defence lawyers, NGOS etc.
- The contribution made to the regulation of drugs and drugs-related offences by international regulatory frameworks
- The impacts of non-legal networks and institutions on the development, implementation and review of drugs laws in the region
- Divergent attitudes to the death penalty
- Drugs-law-related reforms arising from the comparisons
- The possibilities for convergence or harmonisation of drugs law in Asia.
Intended learning outcomes
For each of the jurisdictions canvassed in this subject, successfully completing students will have:
- An advanced and integrated understanding of the drugs laws, criminal procedure laws and penalties for drug offences
- An advanced and integrated understanding of the legal institutions (courts, police, prosecutors and counsel) involved in the development and enforcement of drugs laws, including an acute appreciation of the context and policy debates relevant to drugs law reform
- An advanced and integrated understanding of the operation of the death penalty in the relevant jurisdictions
- The capacity to critically examine, analyse, interpret and assess the law practice gap in drugs-related legal practice in the relevant jurisdictions
- The oral skills to participate in nuanced seminar discussions regarding current and emerging issues in comparative drugs law, such as the rules of evidence, criminal procedure laws, availability of counsel, the relevance of corruption, and the role of international regulation
- Have an advanced and detailed understanding of the challenges for drugs law reform;
- Have the cognitive and technical skills to research autonomously to produce advanced comparative socio-legal scholarship relating to the technical areas of drugs law and practice and its reform
- Have the communication skills to clearly articulate and argue a thesis relying on complex material relevant to comparative socio-legal studies and drugs-law related research.
Last updated: 24 January 2023
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50034 | Criminal Law and Procedure | Semester 2 (On Campus - Parkville) |
12.5 |
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: 24 January 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 12 - 15 October | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 19 November | 100% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 24 January 2023
Quotas apply to this subject
Dates & times
Not available in 2023
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 24 January 2023
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in Asian Law Course Graduate Diploma in Government Law Course Master of Commercial Law Course Master of Laws Course Master of Public and International Law - Links to additional information
- 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: 24 January 2023