Undergraduate - UnitLAW4189 - Comparative criminal law 406

The growth of international criminal jurisdiction and the continual improvement in opportunities for legal cultures to interact with one another have led to a much greater interest, both practical and theoretical, in comparative criminal law over the last decade or so. Even within Australia, the creation of a federal Criminal Code has allowed for an even more extensive use of the possibilities inherent in federalism for comparative criminal law within the one country.
The first topic to be examined is what use can be made of comparative criminal law and the pitfalls that may be encountered in doing so.
Topics to be considered will then include: whether the criminal law should be codified, and what codification means; the role of intention in the criminal law and the different definitions of intention in various legal systems; murder, manslaughter and sexual offences (both consensual and non-consensual); crimes of omission; the prohibition of retrospective criminal offences, the right to silence, trial by jury and topics in sentencing law (including plea bargaining).
Throughout, there will be an emphasis on comparative analysis of the criminal law. Jurisdictions to be selected for comparison include the common law of some Australian States and England; statutory modifications of the common law, such as the partial abolition of the right to silence in England; common-law jurisdictions which have adopted entire criminal codes such as Canada, Malaysia, three of the Australian States and the federal jurisdiction in Australia; and civil-law countries, principally Germany but also, as materials are available, others (such as Spain).