Outline

Overview

This unit critically examines the criminal law, criminal justice institutions and penal practices in the context of legal scholarly debates. Topics to be considered in any one semester may include criminal responsibility, gender and criminal law, wrongs and harms, offence construction and abolitionism. In addressing these topics, the unit will attempt to respond to cutting edge developments in the criminal law as they arise. Each topic forms the lens through which larger or longer-term theoretical and others issues are discussed. By contrast with the foundational unit, Criminal Law, this unit does not adopt a content - driven approach to criminal law; instead, it adopts an explicitly critical socio-historical approach to the study of law, and draws on inter-disciplinary material throughout. Discussion of relevant academic scholarship forms a core part of the subject matter of the course.

Unit details and rules

Unit code	LAWS3404
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS5104
Prerequisites ?	LAWS1016
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Arlie Loughnan, arlie.loughnan@sydney.edu.au
Tutor(s)	Arlie Loughnan, arlie.loughnan@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Class Participation (10%) Participation in all-class discussion and small groups over the semester.	10%	Ongoing	Over Semester
Outcomes assessed:
Assignment	Research Outline (20%) Submit outline on proposed research topic.	20%	Week 05 Due date: 22 Mar 2024 at 17:00 Closing date: 01 Apr 2024	1500 words
Outcomes assessed:
Assignment	Research Essay (60%) Research Essay on proposed topic.	60%	Week 13 Due date: 24 May 2024 at 17:00 Closing date: 07 Jun 2024	4000 words
Outcomes assessed:
Presentation	Class Presentation (10%) Class Presentation	10%	Weekly	One Class per Semester
Outcomes assessed:

Assessment summary

Class Participation (10%)

Assessment of participation will be based on the observations of the unit coordinator and on self-reflection by students. Students will be assessed throughout the semester on their active engagement in discussions, contributions to the understanding of the topics, and evidence of preparation demonstrated through knowledge of the required readings, as well as interaction with peers and the instructor.

Presentation (10%)

Students are required to deliver a ten [10] minute presentation on a specified topic or one of the readings in one class during the semester. The presentation will be evaluated based on the student's ability to effectively communicate their in-depth understanding of the topic, and their use of relevant primary and secondary legal sources. Students are expected to engage with the material critically and present a coherent argument that reflects their research and analysis.

Further information on the presentation assessment will be made available on Canvas.

Criteria for evaluation will include the clarity and organization of the presentation, the depth of analysis, the ability to engage with complex legal issues, and the use of appropriate legal research methodologies. Feedback on the presentation on the topic/one of the readings will be given in class.

Research Outline (20%)

Students will submit a concise 1500-word outline of their research topic, detailing its relevance to the unit objectives and including a preliminary literature review. The research plan should be submitted via Canvas, no later than 22 March, 2024 (Wk. 5) at 5.00PM (Sydney Australia Time).

The submission of the Outline in the early to mid-semester will give students enough time to formulate a topic, discuss the topic with the unit coordinator as applicable, conduct a preliminary literature review, obtain feedback and proceed with the completion of the research essay.

Guidance on the research outline and legal research methods will be provided in class. Towards the end of the semester, students will be asked to present their outline in a conference-style session for peer and coordinator feedback.

Research Essay (60%)

Students will write a 4000-word research essay on a topic of their choice, approved through consultation with the unit coordinator (see Research Planning, above). The research essay provides students with an opportunity to demonstrate an in-depth understanding of an area of personal interest within the subject matter, by applying independent research and analytical skills.

The research essay should be submitted via Canvas no later than 24 May, 2024 (Wk. 13) at 5.00PM (Sydney Australia Time).

Further information on completing the research essay and the criteria against which it will be marked will be provided in class and on Canvas.

Word limit penalty: A piece of assessment that exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers:

In completing unsupervised assessments, students may use editors, proofreaders, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including the Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

Grading of Participation

Substantive dimensions of assessment are similar to those used in assessing written work. Students should seek to show that they understand the application of, and underlying reason for the use of, the skills emphasised in the seminars.

2. Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award marks to students who are absent or who do not participate in the seminar discussion and exercises.

3. The following descriptions are of “typical” levels of performance in certain categories of marks. The categories are based on total marks of 10 for seminar performance:

0 - 2 Unacceptable level of absence from seminars. Participation virtually non-existent. Little, if any, preparation apparent. Obvious lack of commitment to the unit.

2.5 - 5 Irregular attendance without explanation. Inconsistent preparation. Evidences a poor understanding of the application of, and underlying reason for the use of, the skills emphasised in the seminars.

5.5 - 7 Regular attendance, with reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits a lack of comprehension of the topic. Adequate participation in seminar exercises

7.5 – 8 Regular attendance and preparation. Either a good deal of participation of variable quality or less participation but good quality. Demonstrates a reasonable comprehension of topics under consideration.

8.5 – 10 Regular attendance. High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of capacity to develop innovative approaches to such topics.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks allocated to the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction	Seminar (2 hr)
Week 01	Studying Criminal Law: Method and Subject Matter	Seminar (2 hr)
Week 02	Research Refresher	Seminar (2 hr)
Week 02	Offences I: Creation and Construction: Fair Labelling	Seminar (2 hr)
Week 03	Offences II: Possession: A paradigm offence?	Seminar (2 hr)
Week 03	Offences III: An offence of Domestic Violence?	Seminar (2 hr)
Week 04	Criminal Law Actors: Victims	Seminar (2 hr)
Week 04	Criminal Law Actors II: Prosecutors	Seminar (2 hr)
Week 05	Extensions of Criminal Liability I: ‘One punch’ Killings	Seminar (2 hr)
Week 05	Extensions of Criminal Liability II: Pre-Crime	Seminar (2 hr)
Week 07	Floating class	Seminar (2 hr)
Week 07	Thinking Historically I: Criminal Responsibility	Seminar (2 hr)
Week 10	Thinking Historically II: Interpersonal Harm	Seminar (2 hr)
Week 10	Thinking Historically III: Intimacy and Sex	Seminar (2 hr)
Week 11	Defences I: Non- Responsibility	Seminar (2 hr)
Week 11	Defences II: Partial Responsibility	Seminar (2 hr)
Week 12	Defences III: Women's Responsibility for Crime	Seminar (2 hr)
Week 12	Punishment: Thinking about Abolition	Seminar (2 hr)
Week 13	Research Outlines – Student workshop	Seminar (2 hr)
Week 13	Research Outlines – Student workshop	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Reading Materials will be available from the Library

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Identify and describe to an advanced level the historical and contextual connections between different criminal law doctrines.
LO2. Critically analyse and evaluate the impact of contemporary social, political, doctrinal, and procedural issues on the development and application of criminal law.
LO3. Compare various traditions and practices in criminal law through critical analysis of legal theory, criminology, and related fields.
LO4. Analyse the development of law in specified areas, reflecting on its evolution and current applications.
LO5. Synthesise information from primary and secondary legal sources to develop solutions for complex, real-world and hypothetical legal scenarios.
LO6. Apply relevant legal research methodologies to formulate sound, logically structured legal arguments and communicate these to diverse audiences.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

The assessment has been adjusted in this unit reflecting student feedback.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3404: Advanced Criminal Law

Semester 1, 2024 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect