LAW 3610 - Selected Issues in Criminal Law and Procedure

North Terrace Campus - Winter - 2020

This course will explore a series of topics in criminal law in greater depth than is possible in the compulsory course. Comparisons among the law of the Australian States and with other countries, both within and outside the common-law world, will be made. Topics will be chosen for their contemporary relevance, practical importance and suitability for in-depth academic analysis. The topics may include : whether the criminal law should be codified; sexual offences and the concept of consent; the impact of technology on the substantive criminal law (e.g. revenge porn) and on criminal procedure (e.g. juries and social media); double jeopardy and D.N.A. evidence; identity fraud; the role of the Director of Public Prosecutions, both generally and in relation to victims; propensity issues in criminal evidence : the rape shield law and similar fact evidence; the right to silence; the interaction between constitutional and criminal law; sentencing; and other issues as selected by the teaching staff. On completion of this course students will be able to analyse at an advanced level important current topics in the criminal law (including the law of evidence) from a variety of perspectives. Students will also have the ability to apply criminal law to complex issues and critique the operation of criminal law from a variety of perspectives.

  • General Course Information
    Course Details
    Course Code LAW 3610
    Course Selected Issues in Criminal Law and Procedure
    Coordinating Unit Adelaide Law School
    Term Winter
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange
    Prerequisites LAW 2599
    Assumed Knowledge LAW 1501
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Course Description This course will explore a series of topics in criminal law in greater depth than is possible in the compulsory course. Comparisons among the law of the Australian States and with other countries, both within and outside the common-law world, will be made. Topics will be chosen for their contemporary relevance, practical importance and suitability for in-depth academic analysis. The topics may include : whether the criminal law should be codified; sexual offences and the concept of consent; the impact of technology on the substantive criminal law (e.g. revenge porn) and on criminal procedure (e.g. juries and social media); double jeopardy and D.N.A. evidence; identity fraud; the role of the Director of Public Prosecutions, both generally and in relation to victims; propensity issues in criminal evidence : the rape shield law and similar fact evidence; the right to silence; the interaction between constitutional and criminal law; sentencing; and other issues as selected by the teaching staff. On completion of this course students will be able to analyse at an advanced level important current topics in the criminal law (including the law of evidence) from a variety of perspectives. Students will also have the ability to apply criminal law to complex issues and critique the operation of criminal law from a variety of perspectives.
    Course Staff

    Course Coordinator: Professor Greg Taylor

    Other teachers are Emeritus Fellow Ian Leader-Elliott
    and Dr David Plater
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course students will be able to :

    1.  Evaluate and apply advanced principles of
    criminal law to a range of problems, including the law of evidence as far as it
    applies in criminal law, both in Australia and in selected foreign countries.

    2.  Critique the operation of Australian criminal
    law from a theoretical, practical and policy perspective. This involves
    developing the capacity to engage content in a questioning manner.

    3.  Develop effective and concise written and
    oral arguments for a legal audience.

    4.  Analyse the operation of Australian criminal
    law from a policy perspective, and in the context of social and cultural
    diversity.

    5.  Exercise professional judgment in conducting
    a cooperative research project on a current topic in criminal law. Interact
    effectively as a member of a team.

    6.  Evaluate and apply legal and theoretical
    concepts to specific situations.

     

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1, 2, 4, 6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2, 6
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3, 5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1, 3, 5
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1,4
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    5
  • Learning Resources
    Required Resources
    There is no textbook for this course. The required resources are :

    ·       Topic Guides (available on MyUni)

    ·       Course Readings (available via MyUni).

  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught in intensive mode.  Each day's class will include a combination of mini-lectures, interactive group
    activities, student presentations and discussion of readings.  Some classes will be recorded but most will be live; all classes will occur via the Zoom app.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    This course is taught in intensive mode.

    Contact time : 36 hours (14 – 17 & 20 – 24 July, 2 – 6 p.m. each day, although some days will be shorter as recordings will take the place of live classes)
     
    Preparation time : In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.  The University expects full time students (those undertaking twelve units per semester) to devote a total of forty-eight hours per week to their studies.

    Learning Activities Summary
    The order in which topics are covered is subject to change, to adapt to the availability of lecturers and to allow flexibility in the time taken for each topic in class.  On each day there will be one or more student presentations followed by discussion of the presentation, mini-lectures and discussion of readings.  The precise order of activities will depend upon the topics selected by students for
    presentations, but generally the class will commence with a student presentation and discussion of it. 
    Interactive group work and other activities may also occur on some days.

     
    Provisional topic guide (subject to change)

    1. Should we codify?
    2. Professional roles and SALRI; role of criminal law
    3. Prosecution, discretion and disclosure
    4. Prosecutors and victims
    5. Vulnerable witnesses and witness competence
    6. The Constitution and the criminal law
    7. Murder in Australia & Germany; manslaughter and duties to rescue (incl. sentencing)
    8. Sentencing 1
    9. Sentencing 2 
    10. Consent, criminal conduct and sexuality
    11. Propensity evidence
    12. Trial by Judge & jury (including juries & social media)
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessment Task

    Task Type

    Weighting

    Word Count / Time

    Due

    Redeemable? Yes? No?

    Learning Outcome

    Class presentation

    Group; formative

    30%

    20 minutes

    In the class for the assigned presentation topic

    No

    1, 2, 3, 5

    Essay (if exam. not chosen)

    Individual; summative

    70%

    Maximum 5000 words

    19 August 2020 at 5 p.m.

    No

    1 – 4, 6

    Examination (if essay not chosen)

    Individual; summative

    70%

    Three hours plus 10 minutes reading time

    Friday 21 August 2020 commencing at 2 p.m. on Myuni/Turnitin

    No

    1 –­ 4, 6

    Assessment Detail
    1. Essay 70%

    Compulsory (unless examination chosen) and non-redeemable

    Topics will be distributed in advance.

    The criteria for assessment are : extent of research going beyond the course materials provided; depth of understanding of the materials; articulation and defence of the student’s own view with reference to other possible views; correct use of the English language and adequate referencing (including a bibliography).

    Submission – via Turnitin

    When an assessment is submitted after the due date without an extension, 5% of the total mark possible will be deducted for every twenty-four hours or part thereof that it is late, including each day on a weekend and public holidays. For example, an essay that is submitted after the due date and time but within the first twenty-four-hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than twenty-four hours late will lose 10%, etc.

    Length : The assignment is to be a maximum of 5000 words, including footnotes. (Do not think that this is a goal you must reach at all costs; depending on your topic, 4000 words may well be sufficient.) Footnotes are to contain references only and substantive material in footnotes will not necessarily be read. 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000-word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, headings, quotations and footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word count. If the word count is misstated, this may be regarded as academic dishonesty.

     

    2. Examination 70%

    Compulsory (unless essay completed) and non-redeemable. Students must choose between the essay and the examination – it is not envisaged that both will be chosen because they are equivalent assessment items : each tests skills involving constructing an argument in response to a question on the basis of reading and reflection and using the legal and policy tools of analysis developed during the course.

    The examination is an open-book examination of three hours’ duration with ten minutes’ reading time. It aims to test students’ knowledge of the material in the readings, including the development of a personal view. No further reading or research whatsoever will be needed.

    There will be six policy-based questions similar to essay questions of which students must choose any three. An example would be, “Should the criminal law of South Australia be codified?”; in response to such essay-like questions students will need to draw on the course readings, course discussions and their own personal reflections. Students will be assessed on their knowledge and understanding of the course materials, the cogency of the arguments they present and the development of their own personal standpoint. As can be seen, the examination tests a greater breadth of knowledge than the essay; the essay allows students to select a single topic for in-depth study, while the examination surveys a larger portion of the course in less detail and without the need for any further research but including, as with the essay, the development of a well-founded personal view on the basis of the skills developed in the course.

     

    3. Class presentation 30%

    Compulsory and non-redeemable

    The size of groups will depend upon the level of enrolment, but generally a group should consist of two students. Students will be required to prepare a twenty-minute group presentation on a topic from the list of presentation topics in the course materials and using the reading(s) provided. Students may contact the course co-ordinator with group names and a topic choice after enrolment, as long as the topic has not already been chosen by someone else. Remaining students will be allocated into groups when enrolments close using topics not already taken.  Visual aids for the presentation may be used.

    Marking criteria for the presentation are : a thorough understanding of the chosen topic and the development of a personal standpoint on the part of students demonstrating skills of reasoning and enquiry based on the readings and reflection. (It is perfectly in order for students in one group to agree to disagree and take contrasting standpoints.)

    A student who fails to contribute adequately to a group will suffer a marks penalty that adjusts their mark for this item of assessment to a level commensurate with their contribution.

    Submission

    The interim assignment must be submitted electronically by the due date. The
    electronic copy must be submitted to a software program, Turnitin that checks
    your submission for plagiarism. Instructions on how to electronically submit
    your assignment to Turnitin will be provided with the assignment instructions. 

    Further instructions for the interim assignment: 
    1. The assignment is to be presented in typed
    form using 11- or 12-point font and single spacing. The margins of the paper
    (right, left, top and bottom) must be no less than 2.5cm.

    2. The assignment must be written in prose style (using complete sentences),
    adhere to grammatical rules, and use correct spelling. 




    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.