units

LAW7304

Faculty of Law

18 September 2017 25 April 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2012
Coordinator(s)Associate Professor Jonathan Clough

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html

Synopsis

This unit examines the criminal liability of corporations and what is broadly described as 'white collar crime'; that is, crime which is committed in an occupational context. The unit will begin with criminological perspectives on the nature of white collar and corporate crime. The place of criminal liability in the overall scheme of commercial regulation will then be examined, including discussion of the rationales behind imposing liability on corporations and/or individuals, and whether that liability should be civil or criminal. The role of specialist agencies will also be discussed, together with procedural issues associated with white collar and corporate crime.

Outcomes

Upon completion of this unit students should be able to demonstrate their understanding of:

  1. the nature of corporate and white collar crime, their rationales and their role in commercial regulation
  2. the regulatory environment in which criminal liability is imposed, including the role of specialist agencies, the nature of civil penalties and some of the procedural difficulties associated with prosecuting corporate and white collar crimes
  3. the principal models of criminal liability which apply to corporations and their interrelationship with individual liability
  4. the sentencing of white collar offenders and sentencing options which are available in relation to corporate offenders
  5. the role that criminal liability may play in the regulation of workplace safety and in preventing corporate abuse of human rights.

Assessment

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

Chief examiner(s)

Associate Professor Jonathan Clough

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)