Criminal Liability

Overview

This module explores the boundaries of the criminal law examining issues of current controversy. Deciding what to criminalise or decriminalise are important issues for any society. The proper boundaries of the criminal law are often contested with competing ideologies and perspectives offering different viewpoints. The module adopts a doctrinal, socio-legal and philosophical approach to the exploration of these issues. Issues to be examined include: theories of criminalisation; responding to hate crime; responding to stalking and harassment; regulating prostitution; regulating the use of illegal drugs; regulating pornography; the criminalisation of transmission of disease; responding to anti-social behaviour.

Learning Objectives

The learning ouctomes of the course are that students should acquire:
A. Knowledge and understanding of the boundaries of criminal liability and underlying theory;
B. Knowledge and understanding of important criminal offences;
C. Knowledge and understanding of comparative approaches to criminal law;
D. Knowledge and understanding of reform proposals;
E. An ability to identify and analyse criminal law issues in factual situations;
F. An ability to identify and discuss moral, political and philosophical issues within criminal law and to present a reasoned argument on doubtful or controversial issues;
G. An ability to evaluate academic commentary on key criminal law issues.

Skills

• Legal problem-solving. Ability to identify relevant issues, apply relevant concepts, principles & rules, make judgements & reach supported conclusions on the basis of sound & informed reasoning;
• Critical analysis of the criminal law in theory and practice. Ability to: identify & order issues by relevance and importance; synthesis of materials from diverse sources; exercise of critical judgement - discernment between the merits of particular arguments.
• Comparative analysis of the law. Ability to compare and contrast how different legal jurisdictions use the criminal law;
• Ability to write & speak with care and precision in the analysis & synthesis of the law;
• Ability to structure argument and analysis;
• Ability to identify issues for research and to retrieve accurate & relevant legal & other sources.

Assessment

80% Take Home Examination
20% Presentation