Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should have (1) an understanding, in relation to criminal law, of the elements of the major substantive offence categories of homicide, non-fatal offences against the person and offences against property; (2) a basic understanding of the structure of the criminal justice system in Victoria and the role and discretion of the police, prosecutors, defence counsel, magistrates, judges and juries in relation to the processes of the criminal law; (3) an appreciation of the historical, political and social context of the criminal law; (4) an ability to examine critically both the general principles of criminal liability and the use of the criminal law as a method of social control; (5) an informed perspective about the many legal, social, political and moral issues raised in the criminal law area; and (6) analytical and interpretative skills necessary for giving advice in relation to criminal law problems.
Synopsis Students will study the nature of the criminal law; criminal procedure in Victoria; and substantive crimes including non-homicidal offences against the person, homicide and theft and allied crimes. A selection of three or more other topics will be taught in the second semester. Certain general themes may be taken up within the subject. These are likely to vary from year to year, but could involve consideration of the extent to which human rights and civil liberties are recognised in substantive criminal law and procedure; the impact of gender differences in criminal liability; the treatment by the criminal law of persons of differing cultural backgrounds; and the substantive and procedural problems in criminal law posed by the fact that the defendant is a corporation.
Assessment Class test (70 minutes): 25% + Written research assignment (2000 words) or essay: 15% + Final examination (2 hours plus 30 minutes reading and noting time): 60%