LAW3301

Criminal law and procedure A ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton First semester 2005 (Day)

Synopsis: This unit provides an introduction to the general doctrines and purposes of the criminal law, to the law relating to certain crimes and to the workings of the system of criminal justice in the courts. Certain aspects of criminal procedure will be examined to enable an understanding of the legal and administrative framework within which prosecutions are conducted. Some of the doctrines applicable to all crimes and the requisite mental elements of a crime are examined. Students will be encouraged to consider how the criminal law and its procedures for determining guilt have evolved historically and may be viewed from the vantage point of different perspectives.

Objectives: (1) In relation to the substantive law, by the end of semester students should be equipped with an understanding of the elements of the major substantive offence categories of homicide and non-fatal non-sexual offences against the person; (2) In relation to criminal procedure, by the end of semester students should be equipped swith a basic understanding of the structure of the criminal justice system in Victoria and the role and discretion of the police, prosecutors, defence counsel, magistrates, judges and juries in relation to the processes of the criminal law; (3) In relation to theories of criminal law, by the end of semester should be equipped with (a) an appreciation of the historical, political and social context of the criminal law; (b) an ability to critically examine both the general principles of criminal liability and the use of the criminal law as a method of social control; and (c) an informed perspective about the many legal, social, political and moral issues raised in the criminal law area; and (4) in relation to the acquisition of skills by the end of semester students should be equipped with analytical and interpretative skills necessary for giving advice in relation to criminal law problems.

Assessment: Advising and plea making assignment: 30% + Examination (2 hours writing time plus 10 minutes reading and noting time) 70%

Contact Hours: Three hours of lectures per week and one hour of tutorials per fortnight

Corequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Prohibitions: LAW3300 Criminal law and procedure