LLH478 Advanced Criminal Law - Principles and Practice
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLH478 |
|---|---|
| Prerequisite(s): | LLB106 and LLH302. LLH302 can be studied in the same teaching period as LLH478. |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLH478 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB106 and LLH302. LLH302 can be studied in the same teaching period as LLH478. |
| Coordinator: | Nigel Stobbs | n2.stobbs@qut.edu.au |
Overview
A knowledge of criminal law and procedure is a requirement for admission to legal practice. Advanced knowledge of criminal law requires an understanding of the rapidly evolving, theoretical and applied contexts for those seeking to work within the criminal justice system. This advanced elective unit examines the changing role of the lawyer, judge and other justice professionals within the specialist criminal courts, lists and jurisdictions through the critical lens of therapeutic jurisprudence – in light of such developments as: problem solving and treatment courts, neurolaw, diversion programs, predictive algorithms and risk management tools.
Learning Outcomes
On successful completion of this unit you will be able to:
- Analyse and evaluate new and emerging issues in contemporary criminal legal practice and formulate creative responses to complex and dynamic problems (CLOs 1.4, 2.1, 2.2)
- Communicate persuasively and critically in the written form (CLO 4.1)
- Build legal relationships and resolve disputes in a range of criminal justice contexts (CLO 4.3)
- Communicate orally using professional communication skills consistent with the roles and responsibilities of a court team member in a problem solving court (CLO 4.2).
- Apply an interdisciplinary research methodology, involving methods from law and the social sciences, based on principles of therapeutic jurisprudence (CLO 3.2)
- Develop and exercise professional and ethical judgements and initiative in making decisions about appropriate responses to interactions and challenging behaviours in a complex criminal court environment (CLO 5.1)
Content
The content of this unit includes:
- The structure and functions of problem solving and treatment courts, including the roles and skills of lawyers working within them
- The methodology and practice of therapeutic jurisprudence in the criminal justice system
- The effects of new and emerging technology on criminal legal practice and offender management, such as neurolaw, predictive algorithms and risk management tools - particularly for decisions related to areas such as the granting of bail, sentencing options, parole and suitability for treatment programs
- Interdisciplinary research skills needed for practicing in, evaluating or designing court and diversion programs where the adversarial role is secondary to collaborative team approaches
- Ethical and due process issues related to criminal legal practice in these areas
Learning Approaches
This unit employs a problem-based and inquiry driven approach to learning, providing you with opportunities to select and explore the material that aligns with your interests and to build the skills that are currently in demand within the changing criminal law jurisdiction. You will think creatively, work collaboratively, and produce material evidence of your preparedness for legal practice in a rapidly evolving legal services environment where interdisciplinary skills are essential. As an advanced honours elective, this unit will require you to revisit and further develop capabilities introduced earlier in the course, particularly those in LLB106 Criminal Law.
This unit also employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement with online materials
- Discussions on Canvas and in live workshops
- Collaboration with peers and experts to network and share your understandings
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is
provided through:
- the discussions in the weekly workshops
- the online guides of the weekly workshops
- online materials
- the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Oral video advocacy submission
Acting in the role of a lawyer in a specialist court, you will evaluate an issue brought before a problem solving or treatment court, advocate for your client and negotiate solutions.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Literature Review
You will submit a literature review, which identifies the relevant body of legal and social science literature, in relation to the operation of a particular problem solving court, treatment court or diversion program. Your literature review will synthesise the findings and recommendations from this literature into a precis of what constitutes best practice in the operation of your chosen court or program.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Case Study
Acting as a lawyer, you will select a particular problem solving court, treatment court or diversion program, which has been recently trialled or piloted and complete a report for consideration by the presiding judge or program manager. This report will evaluate both the processes and outcomes of the selected program, and identify, analyse and evaluate elements of therapeutic jurisprudence and restorative justice which are incorporated within that program.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Readings available in QUT Readings and online materials
Risk Assessment Statement
Apart from the explicit materials dealt with in the subject, there are no out-of-the-ordinary risks associated with it.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Selecting and applying appropriate research methods
Relates to: ULO5, Literature Review, Case Study - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, Literature Review, Case Study - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Oral video advocacy submission - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Oral video advocacy submission - Making professional and ethical judgements
Relates to: ULO6, Case Study
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Selecting and applying appropriate research methods
Relates to: ULO5, Literature Review, Case Study - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, Literature Review, Case Study - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Oral video advocacy submission - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Oral video advocacy submission - Making professional and ethical judgements
Relates to: ULO6, Oral video advocacy submission, Case Study
Unit Outline: Semester 1 2024, Online
| Unit code: | LLH478 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB106 and LLH302. LLH302 can be studied in the same teaching period as LLH478. |
Overview
A knowledge of criminal law and procedure is a requirement for admission to legal practice. Advanced knowledge of criminal law requires an understanding of the rapidly evolving, theoretical and applied contexts for those seeking to work within the criminal justice system. This advanced elective unit examines the changing role of the lawyer, judge and other justice professionals within the specialist criminal courts, lists and jurisdictions through the critical lens of therapeutic jurisprudence – in light of such developments as: problem solving and treatment courts, neurolaw, diversion programs, predictive algorithms and risk management tools.
Learning Outcomes
On successful completion of this unit you will be able to:
- Analyse and evaluate new and emerging issues in contemporary criminal legal practice and formulate creative responses to complex and dynamic problems (CLOs 1.4, 2.1, 2.2)
- Communicate persuasively and critically in the written form (CLO 4.1)
- Build legal relationships and resolve disputes in a range of criminal justice contexts (CLO 4.3)
- Communicate orally using professional communication skills consistent with the roles and responsibilities of a court team member in a problem solving court (CLO 4.2).
- Apply an interdisciplinary research methodology, involving methods from law and the social sciences, based on principles of therapeutic jurisprudence (CLO 3.2)
- Develop and exercise professional and ethical judgements and initiative in making decisions about appropriate responses to interactions and challenging behaviours in a complex criminal court environment (CLO 5.1)
Content
The content of this unit includes:
- The structure and functions of problem solving and treatment courts, including the roles and skills of lawyers working within them
- The methodology and practice of therapeutic jurisprudence in the criminal justice system
- The effects of new and emerging technology on criminal legal practice and offender management, such as neurolaw, predictive algorithms and risk management tools - particularly for decisions related to areas such as the granting of bail, sentencing options, parole and suitability for treatment programs
- Interdisciplinary research skills needed for practicing in, evaluating or designing court and diversion programs where the adversarial role is secondary to collaborative team approaches
- Ethical and due process issues related to criminal legal practice in these areas
Learning Approaches
This unit employs a problem-based and inquiry driven approach to learning, providing you with opportunities to select and explore the material that aligns with your interests and to build the skills that are currently in demand within the changing criminal law jurisdiction. You will think creatively, work collaboratively, and produce material evidence of your preparedness for legal practice in a rapidly evolving legal services environment where interdisciplinary skills are essential. As an advanced honours elective, this unit will require you to revisit and further develop capabilities introduced earlier in the course, particularly those in LLB106 Criminal Law.
This unit also employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement with online materials
- Discussions on Canvas and in live workshops
- Collaboration with peers and experts to network and share your understandings
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is
provided through:
- the discussions in the weekly workshops
- the online guides of the weekly workshops
- online materials
- the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Oral video advocacy submission
Acting in the role of a lawyer in a specialist court, you will evaluate an issue brought before a problem solving or treatment court, advocate for your client and negotiate solutions.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Literature Review
You will submit a literature review, which identifies the relevant body of legal and social science literature, in relation to the operation of a particular problem solving court, treatment court or diversion program. Your literature review will synthesise the findings and recommendations from this literature into a precis of what constitutes best practice in the operation of your chosen court or program.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Case Study
Acting as a lawyer, you will select a particular problem solving court, treatment court or diversion program, which has been recently trialled or piloted and complete a report for consideration by the presiding judge or program manager. This report will evaluate both the processes and outcomes of the selected program, and identify, analyse and evaluate elements of therapeutic jurisprudence and restorative justice which are incorporated within that program.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Readings available in QUT Readings and online materials
Risk Assessment Statement
Apart from the explicit materials dealt with in the subject, there are no out-of-the-ordinary risks associated with it.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Selecting and applying appropriate research methods
Relates to: ULO5, Literature Review, Case Study - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, Literature Review, Case Study - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Oral video advocacy submission - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Oral video advocacy submission - Making professional and ethical judgements
Relates to: ULO6, Case Study
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, Oral video advocacy submission, Literature Review, Case Study - Selecting and applying appropriate research methods
Relates to: ULO5, Literature Review, Case Study - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, Literature Review, Case Study - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO4, Oral video advocacy submission - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Oral video advocacy submission - Making professional and ethical judgements
Relates to: ULO6, Oral video advocacy submission, Case Study