Contemporary Issues in Criminal Law

Pre-requisite: While having studied substantive criminal law at undergraduate level is not strictly prerequisite for this module, the module is designed for students who have already done so and want to engage in advanced and deeper understanding and analysis.

This module is concerned with substantive criminal law; that is, the content of criminal offences and the general principles that govern the attribution of criminal liability. The approach of this module is theoretical and comparative. The module is theoretical in that it pursues sound understanding of concepts and normative arguments relating to some important questions about substantive criminal law. The module is comparative or transnational in that the focus is not on the criminal law in any one jurisdiction; different approaches – in terms of case law, legislative choices, criminal law doctrine, and academic opinions – across jurisdictions will be analysed and evaluated. This module is about developing critical-analytical thinking skills in the context of deepening understanding of substantive criminal law, and then being able to exercise this advanced and specialised normative competency with regard to some contemporary challenges.

The classes will be conducted in an interactive, ‘roundtable’ format. Two things are very important in making this type of class format a success: (1) the assigned reading being read in advance of the class and (2) all members of the class being willing to engage in class discussion (10% of the overall grade goes for class attendance and participation). The assigned reading will not be burdensome – rarely more than one journal article or book chapter per week to be read ahead of class. The class discussion is intended to be a collaborative learning experience. 

Learning Outcomes:

On successful completion of this module, students should be able to:

• Synthesise criminal law theory and doctrine.
• Critically evaluate normative principles embedded in, and used to rationalise, substantive criminal law.
• Analyse the structure and systematicity of criminal law.
• Generate new thought about challenges to, and prompts to innovate, criminal law doctrine and theory presented by new technologies and by environmental and climate change.

Assessment: 

• Essay 80%;
• In-class presentation 10% (peer assessment)
• Class attendance and participation 10% (non-substantive evaluation; maximum mark 80%)

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