units

LAW5435

Faculty of Law

18 September 2017 25 November 2024

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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

Postgraduate - Unit

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

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
Previously coded as LAW7516

Synopsis

All societies grapple with the issues of 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, contributions being made in various jurisdictions by therapeutic jurisprudence and restorative justice, and different approaches to the use of imprisonment. Students will also examine the operation and management of imprisonment in a range of jurisdictions, including issues of discipline, drug use, gender and ethnicity, and human rights.

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to, crime, sentencing and punishment in local and global contexts with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to crime, sentencing and punishment and critically evaluate the effectiveness of different forms of punishment in a comparative context;
  • conduct research on theories of punishment, the enforcement of laws and the imposition of punishment based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to crime, sentencing and punishment.

Assessment

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

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.