LAW4189 - Comparative Criminal Law 406

Offered

Not offered in 2007

Synopsis

Are there any "fundamental principles" which underlie all systems of criminal justice? The various theories of punishment propounded in the common law and civil law are examined. The roles played by the investigating magistrates, procurators and the judiciary in civil law will be compared with the prosecutor, judge and jury in the common law. Equality before the law including the right to a fair trial and to legal representation will be raised. An examination of the law of Australia and Italy in the areas of the law of homicide, sexual offences and property offences will be undertaken. How have the Australian and the Italian legal systems dealt with the "war on terrorism"?

Objectives

On completion of this unit, students should

1. understand the conditions under which individuals should be held morally and legally responsible for their (criminal) actions;
2. understand whether or not there are any "fundamental principles" which underlie all criminal justice systems;
3. have an appreciation of the various theories of punishment in the common law and the civil law as the basis for an analysis of the relationship between substantive criminal law and criminal procedure;
4. understand the issues concerning the merits or otherwise of codification in both the common law and the civil law;
5. understand the basic characteristics of criminal procedure under the inquisitorial and adversarial systems;
6. be aware of the relationship between substantive criminal law and criminal procedure in relation to issues such as the principles of territoriality, equality before the law including the right to a fair trial, and the right to legal representation in the civil and common law systems;
7. understand the essential features of the substantive law relating to homicide in Australia and Italy;
8. understand the major characteristics of the substantive law relating to sexual offences in Australia and Italy;
9. be aware of the basic elements of the substantive law concerning property offences in Australia and Italy;
10. have an appreciation of the impact of internationalisation on the criminal law of Australia and Italy;
11. be aware of the manner in which the criminal law of Australia and Italy has responded to the "war on terrorism";
12. understand the elementary characteristics of sentencing alternatives in Australian and Italian criminal law.

Assessment

Examination (3 hours writing time plus reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102; LAW3300 or LAW3301 and LAW3302