LAW5333 - Comparative criminal law - 2019

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.

On completion of this subject, students will be able to:

• apply knowledge and understanding of whether or not there may be any "fundamental principles" which underlie all criminal justice systems, with creativity and initiative to new situations for further learning;
• investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the uses and abuses of comparative criminal law;
• conduct research into the fundamental aspects of the merits or otherwise of codification in both the common law and the civil law, based on knowledge of appropriate research principles and methods; and
• use cognitive, technical and creative skills to evaluate the essential features of some key areas of substantive law in Australia and other legal systems'.

Research assignment (3,750 words): 50%

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

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.