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Unit of study_

LAWS6034: Gender, Violence and the Criminal Law

Intensive May, 2021 [Block mode] - Camperdown/Darlington, Sydney

In this unit, students will gain an appreciation of how gender impacts the ways that the criminal law and justice system contend with accused persons and their victims. The Law's claims to equality and neutrality will be scrutinised, as will perceptions of discrimination based on gender. The ingredients of particular personal violence offences (assault, sexual assault, the homicides) and related defences (provocation and self-defence, 'insanity' and substantial impairment, automatism, infanticide, intoxication, necessity and duress) from historical, theoretical and practical context perspectives will be examined.

Unit details and rules

Unit code LAWS6034
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Garner Clancey, garner.clancey@sydney.edu.au
Type Description Weight Due Length
Assignment Public submission
Write a submission to a Parliamentary Inquiry that is examining violence.
40% Week 09
Due date: 03 May 2021 at 16:00
3000 words
Outcomes assessed: LO3 LO4 LO6 LO7
Assignment Beyond reasonable doubt essay
Critically analyse beyond reasonable doubt burden for sexual victimisation
60% Week 13
Due date: 31 May 2021 at 16:00
5000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8

Assessment summary

Public Submission (40%) – 3000 words 

You are a member of a community group and will write a submission to a Parliamentary Inquiry that is examining xx violence. You chose what is the type of violence the Inquiry is examining. Your submission will:

  • Describe the nature of the violence, its incidence, patterns and distribution;
  • Identify who are the main offenders and who are the main victims and the nature of their relationship;
  • Identify and discuss any effects or consequences of the violence; and
  • Discuss what of the violence is ‘gendered’ - its social location, its ‘parties’, its institutional setting(s).

 

Beyond Reasonable Doubt Essay (60%) – 5000 words

“The burden of proof in criminal law is that an offence must be proved beyond reasonable doubt. This standard is impossible to reach in most cases involving sexual victimisation and should be replaced.” Critically analyse this statement.

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (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.

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 10% of the total marks for 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.

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.

WK Topic Learning activity Learning outcomes
Ongoing Day 1: Introduction to gender, violence, and criminal law and justice; the problem of gendered crime; the problem of gender Block teaching (8 hr) LO3 LO4
Day 2: Australian criminal justice; gendered violence and its problems; current controversies in responses to gendered violence Block teaching (8 hr) LO1 LO3 LO4
Day 3: Current law and its principles; the problem of gendered criminal law; gender and criminal responsibility Block teaching (8 hr) LO1 LO2 LO3 LO4
Day 4: Constructing gender and sexual violence; gendered criminal sentencing; reflecting on gender, violence and criminal law Block teaching (8 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: As this is an intensive unit, students are required to attend 100% of classes to satisfy the pass requirements for this unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which 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 bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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 https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

 

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

Please refer to the Reading List in Canvas.

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.

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

  • LO1. demonstrate a critical understanding of certain key concepts and principles underlying criminal liability which recur throughout the substantive criminal law
  • LO2. demonstrate knowledge of the legal rules in certain specified areas of criminal law
  • LO3. demonstrate an awareness of the social, philosophical and historical context in which the rules of criminal law operate
  • LO4. demonstrate a preliminary understanding of how the criminal law operates in its broader societal context
  • LO5. demonstrate the ability to engage in factual analysis and to apply legal concepts and rules to hypotheticals in order to predict possible legal outcomes
  • LO6. demonstrate the ability to communicate, both verbally and in writing, the knowledge and understanding referred to in these paragraphs
  • LO7. demonstrate the ability to undertake basic legal research
  • LO8. demonstrate the potential to develop legal expertise in areas of criminal law not specifically covered by the unit.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

More socio-legal context is now covered in this unit.

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.