LAW7088

Modern criminal justice

Dr K Amarasekara

One 2-hour seminar per week
* First semester
* City

Objectives On completion of this subject students should have (1) a detailed knowledge of how particular themes or policies are applied in substantive criminal law, procedure and evidence; (2) a capacity to draw on a variety of sources in exploring the underpinnnings of the criminal law and its interaction with religion, morality, ethics, philosophy and medicine; and (3) ratiocinative skills in exploring the inconsistencies and paradoxes of the criminal law when focused on a single concept applied in different circumstances to different categories of persons including victims, suspects and Crown officials.

Synopsis This subject examines selected principles and concepts which are common to substantive law, procedure and evidence and in the process reveals paradoxes not apparent in a study focused on one area alone. The influence of other disciplines such as ethics, philosophy, medicine and religion and links between criminal law, torts and legal philosophy will be considered. The subject matter will be thematic and chosen from areas which include consent, mental states and responsibility, causation, defences, preliminary crimes, burdens and standards of proof, gender and criminal justice and the position of corporations. Choice of areas will depend on their contemporary relevance and general interest. They will be defined and their operation examined critically within a comparative framework which will include proposals for codification and reform.

Assessment Written research assignment (4000 words): 40%
* Class participation, problem solving, debating: 10%
* Open-book examination (3 hours): 50%

Texts

To be advised