units

LAW4516

Faculty of Law

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Quota applies

The number of places available for a unit taught in Prato is strictly limited to 45. This is the maximum room capacity at the Prato Centre.

Offered

Not offered in 2016

Synopsis

All societies grapple with ensuring compliance with criminal laws, establishing appropriate forms of punishment, and implementing those punishments in acceptable and effective ways. This unit focuses on theories, institutions and processes relating to the legal system's response to breaches of the criminal law, in a range of comparative jurisdictions. Students will examine theories of punishment, approaches to and options for sentencing including imprisonment, and the role of therapeutic jurisprudence and restorative justice. Students will also examine the uses of imprisonment in a range of jurisdictions.

Outcomes

At the successful completion of this Unit, students will be able to:

  1. Critically analyse the substantive law and practice relating to sentencing and punishment, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning the law, as well as the broader political and social context within which sentencing and punishment occur.
  2. Demonstrate intellectual and creative skills to articulate legal and policy issues in a comparative context, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to the sentencing and punishment of people who break criminal laws;
  3. Communicate effectively, appropriately and persuasively on local and global issues pertaining to sentencing and punishment;
  4. Provide and make use of feedback to assess their own capabilities and performance and to support personal and professional development.

Assessment

Research assignment 50% (2500 words)
AND
Take home examination: 50% (2500 words)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104 AND LAW3300 OR LAW3301 AND LAW3302

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111; LAW3112