Leader: Dr Jonathan Clough

Offered

City (Melbourne) Second semester 2008 (Evening)

Synopsis

This subject provides an overview of the legal issues which arise when electronic and telecommunication devices are used in the commission or facilitation of crime. Such devices allow offences to be committed on an unparalleled scale, sometimes with international ramifications, yet with greatly reduced chance of detection. They therefore present a great challenge to investigative agencies and to conventional notions of crime and jurisdiction. Topics to be covered include the nature of electronic crime, detection and investigation, application of existing criminal law principles, money laundering, legislative responses, and jurisdictional issues

Objectives

Upon completion of this subject students should have an understanding of:

1. the ways in which electronic and telecommunication devices may be used in the commission of crime;
2. the difficulties which such devices present in the detection and investigation of crime and the means which are adopted to combat these difficulties;
3. the nature of money laundering and the use of electronic devices in that process;
4. jurisdictional difficulties in determining where an offence has been committed;
5. the application of existing criminal law to electronic offences; and
6. Australian and overseas legislative responses to electronic crime. They should also have:
7. enhanced research skills;
8. an enhanced ability to critically analyse and evaluate both existing law and proposed reforms;
9. gained interdisciplinary perspectives; and
10. enhanced skills of oral presentation.

Assessment

Research paper (3,750 words): 50% Take-home examination (3,750 words): 50%

Contact hours

Six four-hour seminars per semester