Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2016:Semester 2, Parkville - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: 48 hours |
Total Time Commitment:
Successful completion of all the below subjects:
Study Period Commencement:
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
CoordinatorProf Jeremy Gans
There are many ways in which to construct the field of criminal law: it is related to public law in as much as it concerns the relation between the state and the citizen in democratic societies; it is related to the law of obligations (contracts and torts) but is concerned with public rather than private obligations; and it is related to legal theory in as much as it concerns the nature of the law that attributes responsibility. With this in mind, the field of criminal law is typically divided into substantive criminal law (the definition, prohibition and regulation of criminal activity by law) and criminal procedure (the processes, rules and principles of law governing the institutions of investigation, prosecution, trial and appeal within criminal jurisdictions). The central question is thus the question of attribution of responsibility.
The subject's approach is to emphasise the breadth of offences in the statute book and decision-making throughout the criminal justice system, including the role of courts in interpreting offence provisions, developing general doctrines and managing individual cases.These topics are developed through in-depth discussion of particular case studies (of specific offences, criminal justice policy debates, theoretical frameworks and/or contemporary or historical instances of criminal law.) In doing so, the overall concern is to draw out the links and disjunctions within criminal law, between criminal law and other areas of law and between law and other fields of social regulation.
The specific topics covered include:
In each instance, the subject addresses Australian criminal law, exploring the links and differences between the various domestic regimes and their place within comparative jurisdictions, whether local, foreign or international.
Students who successfully complete this subject will have:
- The ability to engage independently and collaboratively in a detailed and comprehensive analysis of an offence provision that they have not encountered before, including explaining in clear terms:
- A sophisticated understanding of the following areas of Australian criminal law regimes:
- A specialist capacity, in the context of historical and contemporary scenarios, to engage with and critically apply:
*Redeemable assessment: the mark for the syndicate task will only be counted if it is higher (as a percentage of total marks available) than the mark for the examination. Otherwise, the examination will count for 100% of the assessment.
The due date of the above assessment will be available to students via the LMS.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
Upon successful completion of the subject, students will have developed the skills in the following areas:
Juris Doctor |
Juris Doctor/Master of Business Administration
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