In the first half of this unit you will examine the criminal justice system in its theoretical, historical, political and social context. This will entail understanding the agencies and processes involved in criminal justice – from initial complaint, police investigation, and prosecution all the way through to sentencing and imprisonment. You will consider limitations of the criminal justice system in dealing with vulnerable groups, including Indigenous Australians, young people, people with mental illnesses, and victims of sexual offences. Students will analyse options for criminal law reform, particularly those in Canada, the United Kingdom and New Zealand.
With this foundation, the unit then introduces you to the fundamental principles of criminal responsibility that govern criminal trials. You will study the detail of particular crimes – including assault, grievous bodily harm, trespass, arson and motor vehicle theft, as well as certain defences, such as intoxication and self defence. Underlying these topics is an analysis of what the criminal law calls mens rea, or the guilty mind, and the principle of coincidence of act and intent. In practical problem-solving exercises you will determine the guilt or innocence of fictitious characters involved in hypothetical scenarios.
|Unit name||Criminal Law: Principles and Processes|
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Doctor Helen Cockburn|
|Teaching staff||Associate Professor Jeremy Prichard|
|Available as student elective?||No|
|Delivered By||University of Tasmania|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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|Study Period||Start date||Census date||WW date||End date|
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Unit census dates currently displaying for 2022 are indicative and subject to change. Finalised census dates for 2022 will be available from the 1st October 2021.
- Examine and evaluate the principles of criminal law, and the social context in which the criminal law operates
- Critically appraise the social and international context of criminal laws and develop options for law reform
- Discuss criminal procedure and the importance of the rights of the defendant, suspect or detainee
- Recall and summarise legal definitions, the outcomes of court cases, and the facts that need to be proven to establish guilt for different criminal offences
- Select relevant legal principles and cases and apply them appropriately in problem solving exercises involving hypothetical factual situations
|Field of Education||Commencing Student Contribution 1||Grandfathered Student Contribution 1||Approved Pathway Course Student Contribution 2||Domestic Full Fee|
- Available as a Commonwealth Supported Place
- HECS-HELP is available on this unit, depending on your eligibility3
- FEE-HELP is available on this unit, depending on your eligibility4
1 Please refer here more information on student contribution amounts.
2 Information on eligibility and Approved Pathway courses can be found here
3 Please refer here for eligibility for HECS-HELP
4 Please refer here for eligibility for FEE-HELP
Please note: international students should refer to this page to get an indicative course cost.
Prerequisites50 credit points of Introductory Law core or (LAW121 and LAW122)
Lecture: 1 hour weekly online
Tutorial/Workshop: 2 hours weekly face-to-face (commencing in Week 2 of semester)
|Assessment||Assessment Task 3: Examination (50%)|Assessment Task 1: Essay (30%)|Assessment Task 2: Assignment (20%)|
|Timetable||View the lecture timetable | View the full unit timetable|
Required readings will be listed in the unit outline prior to the start of classes.
|Links||Booktopia textbook finder|
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