LAW4189E - Comparative Criminal Law 406

Offered

Prato Term 2 2007 (Day)

Synopsis

This unit examines the role of theory in the criminal law and whether there are "fundamental principles" which underlie all systems of criminal justice. A consideration of the various theories of punishment propounded in the common law and civil law of crime follows.

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

36 hours in 4 weeks.