Module overview
This module provides an introduction to the substantive criminal law, and to fundamental aspects of criminal law in its broader criminal justice and societal context. It will examine the use of criminal law, and its associated processes, as a mode of governing individual and social conduct. It will provide: a critical introduction to principles and practices of criminalisation; a critical introduction to the doctrinal 'building blocks' of criminal liability and responsibility, and the opportunity to apply these "building block" principles, as well as the contextual material, to selected case studies.
It also focuses on providing a foundation in the key LLB Programme and QA Law Benchmark skills learning outcomes of: 'developing an ability to produce a synthesis of relevant doctrinal and policy issues, presentation of a reasoned choice between alternative solutions and critical judgement of the merits of particular arguments.'; and 'developing the ability to apply knowledge and understanding to offer evidenced conclusions, addressing complex actual or hypothetical problems.'
Aims and Objectives
Learning Outcomes
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- identify the salient parts, for the purposes of determining criminal liability, of judicial decisions, (case law analysis);
- evaluate the given justifications for the criminalization or decriminalization of certain forms of conduct;
- consider relevant doctrinal, social and policy issues, with reference to relevant data, in order to present a reasoned choice between alternative solutions, and assess the merits of particular arguments, regarding a mooted criminalization or decriminalization;
- identify the requirements, for criminal liability, of a crime or defence in a statute or at common law, (statutory analysis);
- identify and apply the key doctrinal building blocks of criminal liability in case study of selected offences;
- identify and explain why particular facts, in an actual or hypothetical situation, might give rise to criminal liability, a defence to criminal liability, or a problem with criminal liability or a defence thereto (problem analysis).
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the key doctrinal building blocks of criminal liability and responsibility;
- the legal and philosophical principles that can be used to justify decisions to criminalize or decriminalize conduct;
- the arguments for and against the use criminal law to regulate individual and social conduct;
- how to state, with reference to the relevant statutes if necessary, the requirements of: any defence, whether generally or specifically to one of the selected offences, to criminal liability and the law concerning criminal causation (of harm or loss) and the proof, and onus thereof, of guilt;
- how to explain the reasons for, the problems arising in, and the legal solutions for (actual and mooted) the key cases identified in the module.
- how to state, with reference to the relevant statutes if necessary, the requirements of criminal liability for selected key criminal offences;
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- identify and analyse key issues in a previously unseen set of facts;
- think critically and develop coherent arguments;
- locate and analyse relevant legal and other primary and secondary source materials;
- distinguish relevant from irrelevant materials;
- manage your time effectively.
Syllabus
- Legal and philosophical justifications for criminalisation or decriminalisation
- The strengths and weaknesses of criminal law as a mode of governance
- Introduction to the key doctrinal building blocks of criminal liability and responsibility
- Liability for Omissions
- Causation
- Intention
- Recklessness
- Homicides, murder and manslaughter,
- Offences against the person (sections 18, 20 and 47 of the Offences Against the Person Act of 1861, section 1, or at common law,
- Sexual offences
- Property Offences
- Substantive and Partial Defences
Learning and Teaching
Teaching and learning methods
Teaching methods include:
- Two hours of lectures each week and ten hours of tutorials per semester.
Learning activities include:
The objective for the lectures, and your independent work which will precede and follow them, is to provide an overview of the key primary and secondary sources on the topic and to identify key issues prior to you undertaking higher order applied work in the small group tutorial sessions. Skills, such as, legal problem analysis and critical analysis of law and policy, are developed incrementally. The emphasis throughout is developing these skills through practice and reflection. Formative exercises are designed to facilitate that learning.
| Type | Hours |
|---|---|
| Lecture | 42 |
| Revision | 70 |
| Follow-up work | 18 |
| Preparation for scheduled sessions | 150 |
| Tutorial | 20 |
| Total study time | 300 |
Resources & Reading list
General Resources
The module will also be supported by provisions in the Blackboard VLE..
Textbooks
A criminal law textbook priced for the student market (around £25 - £35 ) will be selected..
It is also recommended that you purchase an unannotated criminal law statute book (around £12.00).
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Peer Group Feedback
- Assessment Type: Formative
- Feedback: - Individual written feedback: individual written feedback will be provided to all students who complete the formative coursework. - Individual oral feedback: subject tutors will be available to discuss questions arising following the written feedback with you if who request this. - Discussion of tutorial questions will enable you to self-assess your understanding and progress. - Peer-feedback: a system of peer review of formative exercises is integrated into the teaching and learning activities.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Repeat Information
Repeat type: Internal & External