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Comparative Criminal Justice in Asia (LAWS70415)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
July
Kai Ping Su
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
Fees | Look up fees |
The subject is designed to provide an understanding of the intricacies of several criminal justice systems in the Asian region, considering the multifaceted factors that influence their structures and operations. Our topic coverage will include Japan, South Korea, China, Thailand, Singapore, Malaysia, Hong Kong, Taiwan, and other regions, addressing certain aspects of their criminal justice systems.
Criminal justice systems embody the distinctive characteristics of individual jurisdictions. What actions are deemed prohibited and, subsequently, warrant criminal punishment? What forms of criminal penalties are permissible, considering their severity and efficacy (e.g., the death penalty or corporal punishment)? Under what philosophies are criminal cases adjudicated? Is it to ascertain the truth or safeguard human rights? Who presides over criminal cases? Legal professionals or lay individuals? To what extent do cultural and religious beliefs influence the legal framework of a particular jurisdiction? How do colonial legacies impact criminal justice systems in ex-colonial states? The answers to these questions concerning criminal justice systems provide insights into the values and principles of societies. Ultimately, they reveal how societies define evil and administer justice.
This subject aims to explore these issues using a comparative law approach, specifically employing the functional method of comparative law. The instructor will guide students to focus on shared challenges that some jurisdictions confront and must resolve. We will explore the varied approaches these entities adopt to achieve their goals, considering the reasons behind their choices. While this study approach is applicable to criminal justice systems worldwide, this subject concentrates on jurisdictions in Asia.
Principal Topics Include:
- Methodology: Comparative Law and the Functional Method
- Specific Offenses Focused: Drug offenses, Prostitution, Pornography, Sex Offenses, Corruption, and Alcohol-related crimes.
- Specific Punishments Focused: Death Penalty, Flagellation (whipping), and Imprisonment. Pre-trial detention, although not a punishment, will also be discussed as it relates to imprisonment.
- Focus on Court System Features: Adversarial, inquisitorial, and mixed systems; Professional judges, lay judges, and their combinations.
- Law, Religion, and Culture: Convergence and Conflicts, including an introduction to Confucianism.
- History and Legal Systems: Colonial Law, Common Law (the Anglo-American legal system), and Continental Law (the European Continental legal system).
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Critically assess the applicability of international mechanisms to address local challenges.
- Analyse the social, political, economic, and cultural influences that contribute to shaping a criminal justice system.
- Examine how local communities (such as Australia) can draw insights from the mechanisms of criminal justice systems in other jurisdictions to address their own challenges.
Last updated: 31 January 2024
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 (Dual-Delivery - 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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 6 - 9 September 2024 | 80% |
Participation and leading class discussions. | Throughout the teaching period | 20% |
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: 31 January 2024
Quotas apply to this subject
Dates & times
- July
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 19 June 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 17 July 2024 to 23 July 2024 Last self-enrol date 24 June 2024 Census date 19 July 2024 Last date to withdraw without fail 16 August 2024 Assessment period ends 9 September 2024 July contact information
Kai Ping Su
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Master of Public and International Law Course Graduate Diploma in Government Law Course Graduate Diploma in Asian 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: 31 January 2024