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Unit of study_

LAWS6034: Gender, Violence and the Criminal Law

Intensive April, 2024 [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 construction of gender, understandings of violence, and how and why people mobilise the law after violence will be examined. The Law's claims to equality and neutrality will be scrutinised, as will perceptions of discrimination based on gender. Some ingredients of particular personal violence offences (assault, sexual assault), related proof requirements and sentencing from historical, theoretical and practical context perspectives will be examined. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

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 David Hamer, david.hamer@sydney.edu.au
Tutor(s) Robyn Holder, robyn.holder@sydney.edu.au
Type Description Weight Due Length
Assignment group assignment Public submission (30%)
Mock public submission to a Parliamentary Inquiry (violence focus)
30% Week 08
Due date: 28 Mar 2024 at 16:00

Closing date: 04 Apr 2024
3000wd
Outcomes assessed: LO3 LO4 LO6
Assignment Essay (70%)
Essay (law focus)
70% Week 13
Due date: 22 Apr 2024 at 16:00

Closing date: 20 May 2024
5000 words / 4 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
group assignment = group assignment ?

Assessment summary

Public Submission (30%):  (Groups of four [4] students) Students will work as a community group and write a 3000-word submission (including group and individual contributions) to a Parliamentary Inquiry that is examining “xx violence”. You may choose what 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 the nature of the social relationship(s) that the violence is intended to regulate; and
  • Discuss what of the violence is ‘gendered’ - its social location, its ‘parties’, its institutional setting(s).

The submission must include a bibliography containing a minimum of 6 scholarly references (peer reviewed journal article or scholarly book or chapter). In addition, you may reference government reports, the reports of other relevant inquiries, or reports by advocacy bodies or specialists. The bibliography should not include legislation or cases referred to in the paper.  However, if you want to list these, you should provide a separate legislation list and case list. If you list an item in your bibliography, you must have used it, that is, you must have a related in-text citation.

The Release date for the assisgnment is at 9am on 8 March 2024 (Sydney, Australia Time)The deadline for submission is 4pm on 28 March 2024 (Sydney, Australia Time). 

The group will need to make decisions on the core components of the assignment. You can all work together one each requirement OR you can allocate requirements to each individual. You will need to come together to agree and edit the final document. The group document is 2,500 words and will include a sentence or two about which task was completed by which student.

In addition, each student will submit a brief reflection (500 words/1-page) on the process – what did you discover/learn by completing the task and did this change/how did it change as a result of working with other people and considering their perspectives? 

The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Essay (70%): Students are required to submit an Essay, 5000 words maximum, on the following topic: 

“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.

The Essay must include a bibliography containing a minimum of 6 scholarly references (peer reviewed journal article or scholarly book or chapter). The bibliography should not include legislation or cases referred to in the paper.  However, if you want to list these you should provide a separate legislation list and case list. If you list an item in your bibliography, you must have used it. That is, you must have a related in-text citation. The Release date for the the assignment is 9am on 22 March 2024(Sydney, Australia Time). The deadline for submission is 4pm on 22 April 2024 (Sydney, Australia Time). The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator.

Word limit 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 all footnotes and any bibliography (if required).  

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, 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 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.

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty.

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.

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

WK Topic Learning activity Learning outcomes
Week 03 Day 1: Introduction to gender, violence, and criminal law and justice; the problem of gendered crime; the problem of gender Seminar (6.5 hr) LO3 LO4
Day 2: Australian criminal justice; gendered violence and its problems; current controversies in responses to gendered violence Seminar (6.5 hr) LO1 LO3 LO4
Week 05 Day 3: Current law and its principles; the problem of gendered criminal law; gender and criminal responsibility Seminar (6.5 hr) LO1 LO2 LO3 LO4
Day 4: Constructing gender and sexual violence; gendered criminal sentencing; reflecting on gender, violence and criminal law Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 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 sitting 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

Simon Bronitt & Bernadette McSherry, Principles of Criminal Law, (Thomson Reuters, 4th ed, 2017) – [Australia-wide focus]

Alan Fiske & Tage Rai, Virtuous Violence, (Cambridge University Press, 2015)

Carrie Menkel-Meadow, ‘Uses and abuses of socio-legal studies.’ In Naomi Creutzfeldt, Marc Mason, & Kirsten McConnachie (Eds.) Routledge Handbook of Socio-Legal Theory and Methods (Routledge, 2019), pp. 35-57.

West, C. & Zimmerman, D. (1987) ‘Doing gender’, Gender & Society, 1(2), 125-151

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. critically analyse how violence is experienced, defined and regulated.
  • LO2. critically analyse how gender is socially constructed and its interactions with violence and with constructs of victim and accused.
  • LO3. critically analyse the social, philosophical and historical contexts in which violence, gender and criminal law operate.
  • LO4. apply a preliminary understanding of how the criminal law operates within its broader societal context and within the criminal justice system.
  • LO5. evaluate certain key concepts and principles underlying criminal liability in certain specified areas of criminal law.
  • LO6. analyse and apply legal concepts and rules to hypothetical fact scenarios to predict possible legal outcomes.
  • LO7. apply relevant legal research skills and communicate complex legal concepts both verbally and in writing 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
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.