Course Title: Criminal Law in a Justice Environment
Part B: Course Detail
Teaching Period: Term1 2012
Course Code: JUST5149
Course Title: Criminal Law in a Justice Environment
School: 365T Global Studies, Soc Sci & Plng
Campus: City Campus
Program: C6077 - Advanced Diploma of Justice
Course Contact : Georgy Dumas
Course Contact Phone: +61 3 99254203
Course Contact Email:georgy.dumas@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Nominal Hours: 75
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
- VBQU367 Work in a Legal Environment
- VBQU368 Apply Investigative Processes in a Justice Environment
Course Description
The purpose of this course is to enable students to develop an in-depth knowledge of aspects of criminal law relevant to a person working in the justice field
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VBQM390 Criminal Law in a Justice Environment |
Element: |
Demonstrate comprehensive knowledge of Federal and State drug laws |
Performance Criteria: |
-Describe the offence of Possession and possible penalties |
Element: |
Demonstrate comprehensive knowledge of rebuttable and irrebuttable |
Performance Criteria: |
-Identify and analyse the differences at law between rebuttable and irrebuttable presumptions. Rebuttable presumptions: |
Element: |
Demonstrate comprehensive knowledge of the concept of crime and the |
Performance Criteria: |
-Describe the concept of crime including: |
Element: |
Demonstrate comprehensive knowledge of the concept of culpability of |
Performance Criteria: |
-Analyse and evaluate participation in crime, including: |
Element: |
Demonstrate comprehensive knowledge of the elements of criminal assault |
Performance Criteria: |
-Identify and analyse the elements of criminal assault: |
Element: |
Demonstrate comprehensive knowledge of the various elements to the |
Performance Criteria: |
-Define property as stipulated by the Crimes Act: |
Element: |
Demonstrate comprehensive knowledge of the various road safety rules and |
Performance Criteria: |
-Describe the offence of Careless Driving and possible penalties |
Learning Outcomes
This course aims to enable students to demonstrate comprehensive knowledge of:
- The concept of crime and the need for such a concept in our society
- Rebuttable and irrebutable presumptions at law and the defences to a crime
- The elements of criminal assault and sexual offences and their defences
- The concept of culpability of participants in a crime and to identify at what stage acts are sufficiently complete to be regarded as an attempt
- The various elements to the criminal offences of: theft; obtaining property by deception; obtaining financial advantage by deception; armed robbery; burglary and aggravated burglary and defences to these crimes
- The various road safety rules and regulations
- Federal and State drug laws
Details of Learning Activities
Students will be involved in weekly case studies and class discussion for each topic. Non-attendance in this subject will preclude students from successfully completing the course.
Students will have fortnightly "progression" exams to ensure they are keeping current with course content. There will also be an end of term exam.
Students will also be required to submit written research on concepts related to crirminal law.
Teaching Schedule
Week One:
Explore the concept of crime and the evolution of Common and Statutory Law.
Week Two:
Explore the concepts of Mens Rea and Actus Reus as they relate to individual culpability before the law.
Examine how this relates to the notion of intent and what the onus of proof may be for the Magistrate’s, County and Supreme Courts from the Summary Offences and Crimes Act.
Week Three:
Examine the concepts of retribution, deterrence, rehabilitatin and certainty in relation to the Sentencing Act 1991and how the onus of proof and punishment leads towards these concepts.
Week Four:
Examine and evaluate the concepts of "Rebuttable and Irrebuttable"points of and their relevance to the age, physical and mental capacity of the acussed.
Week Five:
Analyze the elements of mitigation in relation to potential pleas propsed by the accused, including intoxication and provocation.
Week Six:
Examine and analyze the elements of "Self-Defence " and "Necessity"in relation to an offence.
Week Seven:
Examine and anlayze the issues surrounding the level of participation of the individual charged with an offence including the principal offender, acting in concert, aiding and abetting.
Week Eight:
Explore the concept of "attempt" in terms of culpability.
Week Nine:
Explore the issues around what constitutes "assualt."
Week Ten:
Explore and analyze the nature of "property" in relation to criminal activity.
Week Eleven:
Examine and analyse the varied descriptions and applications of "theft."
Week Twelve:
Explore the issues around sexual offences.
Week Thirtreen:
Continued analysis of sexual offences including age definitions in the determining of an offence.
Week Fourteen:
Examine the issues surrounding Drug offences.
Week Fifteen:
Examine Road laws in relation to the Road Safety Act.
Week Sixteen:
Continue exploring Road and Traffic laws and Regulations.
Week Seventeen: Final Exam
Week Eighteen: Review and Exam Re-sit, if required.
Learning Resources
Prescribed Texts
References
Other Resources
Overview of Assessment
To be advised
Assessment Tasks
Students will have fortnightly progression exams to assist with knowledge content to ensure they do not fall behind in currency and confidence with the course.
Students will be required to submit written results of research on topics related to concepts or outcomes on either the Summary Offences or Crimes Act.
Students will be assessed on active participation in weekly case studies.
Students will be provided a detailed handout of each of the above assessments that includes the assessment outline, the assessment criteria and the due date by the second week of the semester.
Assessment Matrix
The assessment has been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table 7 which is as follows:
HD 80-100, DI 70-79, CR 60-69, PA 50-59, NN 0-49
All written work must adhere to the following criteria:
1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
2. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic
4. Written submissions must demonstrate appropriate preparation, reading and research
5. In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
6. Double or 1.5 spacing and a font size of 10-12 must be used
Other Information
Assessment Deadlines
Any due date for any assignment is to be considered a deadline. Students can submit work at any time prior to the submission date, but it must be into the Administration office by close of business of the day the submission is due.
Extensions will not be granted by teachers or Administrative staff.
In accordance with RMIT policy, students may apply for an extension where there have been unexpected or extenuating circumstances, e.g.
a) Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
b) Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
c) Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.
Students requiring extensions for 7 calendar days or less (from the original due date) must complete and lodge an Application for Extension of Submittable Work (7 Calendar Days or less) form and lodge it with the Program Coordinator/ Program Manager. The application must be lodged no later than one working day before the official due date. The student will be notified within no more than 2 working days of the date of lodgment as to whether the extension has been granted.
Students seeking an extension of more than 7 calendar days (from the original due date) must lodge an Application for Special Consideration form under the provisions of the Special Consideration Policy, preferably prior to, but no later than 2 working days after the official due date.
Assignments submitted late without approval of an extension will not be accepted or graded.
Students must keep a copy of their paper until the graded essay has been returned or marks have been posted.
Plagiarism is the presentation of the work, idea or creation of another person, without appropriate referencing as though it is one’s own. Plagiarism is not acceptable. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited.
You must acknowledge the use of another person’s work or ideas. If texts or ideas are reproduced they are to be clearly acknowledged in one of the conventional ways, such as by use of quotation marks, indentation for longer passages and clear citation of the source. Failure to separate one’s own contribution from that of another constitutes plagiarism – a form of cheating and may result in outright failure. Random checks will be made on students’ work.
Other Information: All email communications will be sent to your RMIT email address.
Course Overview: Access Course Overview