Criminal Law
| Module title | Criminal Law |
|---|---|
| Module code | LAW1003C |
| Academic year | 2019/0 |
| Credits | 30 |
| Module staff | Dr Caroline Keenan (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 | 11 |
| Number students taking module (anticipated) | 50 |
|---|
Module description
This module is designed to be an enjoyable practical introduction to law, enabling you to understand key legal concepts and their application to real life situations. The syllabus is structured around four questions: What is crime? Who are the criminals? What is guilt? What is punishment? All of them tap into much bigger questions about what is just and fair and what role we think criminal law and the criminal justice system does, can and should play in society. During this module you will learn how to create your own small research project on corporate criminal responsibility, attend masterclasses given by practicing criminal lawyers and learn how to give a legal opinion on real-life case scenarios.
This module is one of the seven foundations of legal knowledge required by the Solicitors Regulation Authority and Bar Standards Board, and it is therefore compulsory for all who wish to progress onto the Vocational Stage of Training to become a Solicitor or Barrister. The module is one of the choice of core modules for Flexible Combined Honours students on the Law Pathway and is also available to any first year student on the University of Exeter Cornwall Campuses under modularisation rules (subject to student numbers and timetabling).
Module aims - intentions of the module
The module aims to make you fully conversant with the main criminal law offences; aware of the operation of the criminal law within its social and political context and able to plan, research and produce written analysis of the criminal law in action. In term 1 you will work to develop core skills, which support legal research, enabling you to complete your research project on corporate crime in term 2. In both terms you will also develop skills in using current law to answer real-life problems. These skills are practiced in class and assessed in your exam.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. explain and evaluate the general concepts and principles governing the criminal law, their derivation and the various theories that encapsulate and attempt to systematise them
- 2. demonstrate knowledge of the law and its operation, including the related academic opinion in both criminal law and criminal justice
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate knowledge of legal rules and concepts, in their social, moral and political context
- 4. integrate and assess relevant information from primary and secondary legal sources using appropriate interpretative techniques
- 5. apply and evaluate relevant law in relation to problem scenarios
- 6. create and research a legal question and produce a research report on it
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. communicate and engage in debate effectively, orally and in writing, in a manner appropriate to the context
- 8. work effectively and proactively both independently and with others within a group, and to manage time efficiently in preparing for learning activities and assessments
- 9. identify, retrieve and use efficiently a range of library-based and electronic resources with minimum guidance
- 10. work independently, within a limited time frame, and without access to external sources, to complete a specified task
Syllabus plan
Please note:
(i) This module syllabus (LAW1003C) is exclusively available to students on the Cornwall Campuses and differs materially from the criminal law syllabus of the Streatham Campus (LAW1003).
(ii) This is indicative content of the module, however the module content may alter to allow you to follow new important events in criminal law both in your criminal law ‘virtual scrapbook’*and to be supported in this through lectures and seminars.
(* What is a ‘virtual scrap book’ ? During the year you will complete your own collection of news reports, extracts from new cases and articles relating to criminal law and justice that caught your eye, accompanied by a very brief reflection on why it interested you. This ‘scrapbook’ will be submitted at the end of Term 2 and will form 15% of your mark in Criminal Law).
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus 2019/20 will cover some or all of the following topics:
Term 1: what is crime ? and who are the criminals ?
- The role of criminal law within society: Using criminal justice theories, current news stories from across the world, as well as our own views and existing knowledge to create working definitions of what crime ‘is’.
- How crimes are defined: (i) the Actus Reus – the criminal act, including causation questions when not acting should be criminal (ii) Mens Rea – a criminal mind including intention, recklessness and negligence (focussing on the crimes of theft and criminal damage), strict liability, corporate criminal responsibility and vicarious responsibility
- An examination of the question of ‘who are the criminals ?’ through the lens of non-fatal and fatal offences. (i) how non-fatal offences are constructed, the creation of new offences in relation to psychological harm and reform of non-fatal offences. (ii) homicide offences and reforms of the law in relation to voluntary killing and the arguments for further reform of involuntary manslaughter and assisted dying
- Criminal statistics and victim surveys.
Term 2: What is guilt ? What is punishment?
- Research project on corporate criminal liability : . supported by lectures and workshops on corporate crime and research skills.
- Incohate offences: those offences can be committed when a person attempts to commit a crime or encourages or assists someone else to do so.
- Defences across criminal law and the ideas of justification and excuse.
- The question of guilt : the criminal law in action, focusing on criminal trials, including trial advocacy,the role of the judge and the experience of giving evidence
- Punishment why and how we punish; the role of imprisonment and some alternatives to imprisonment used around the world.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 74 | 226 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 33 | 33 x 1 hour lectures |
| Scheduled Learning and Teaching Activities | 33 | 22 x 1.5 hour teacher-led seminars |
| Scheduled Learning and Teaching Activities | 8 | Masterclasses 4 x 2 hour teacher and legal professional lead workshops |
| Guided Independent Study | 60 | Individual reading and lecture preparation |
| Guided Independent Study | 88 | Seminar preparation, including preparation of case notes, mini-moots and skeleton opinions |
| Guided Independent Study | 10 | Formative research plan preparation |
| Guided Independent Study | 20 | Compilation of virtual scrapbook |
| Guided Independent Study | 48 | Summative Research Project on corporate criminal responsibility preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| You will receive feedback on your presentations and oral contributions during the teacher-led seminars | 22 x 1.5 hour seminars | 1-9 | Feedback from tutors and peers, peer and self assessment feedback |
| You will have the opportunity to hand in a detailed plan of your project | 800 words | 1-4,6-9 | Written feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 60 | 40 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Research Project on your research question on corporate criminal responsibility | 45 | 2500 words | 1-4,6-9 | Written feedback |
| Virtual scrapbook | 15 | 1200 words of reflection on extracts from up to 10 different news or academic articles relating to criminal law (approx. 120 words of candidates own words per article) | 3,7,8,9 | Written feedback |
| Examination (an open book examination to write a legal opinion on a detailed real-life case scenario) | 40 | 2 hours (including 30 minutes reading time) | 1-5, 7-10 | Written feedback |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Examination (40%) | Examination - 40% - 2 hours (including 30 minutes reading time) | 1-8 | August/September reassessment period |
| Research Project (45%) | Resubmission of research project - 45% - 2500 words | 1-4, 6-9 | August/September reassessment period |
| Virtual Scrapbook (15%) | Resubmission of virtual scrapbook -15% - 1200 words | 3,7,8,9 | August/September reassessment period |
Indicative learning resources - Basic reading
Textbook:
S.R.Kyd, T. Elliott and M. A. Walters (2017) Clarkson and Keating : Criminal Law (9th Edition) Sweet and Maxwell
Additional reading:
A. P. Simester, J. R. Spencer, G. R. Sullivan and G. J. Virgo, Criminal Law: Theory and Doctrine, 6th ed. (Hart Publications, 2016)
J. Herring, Criminal Law: Text, Cases and Materials, 8th ed. (OUP, 2018)
D. D. Ormerod, Smith and Hogan’s Criminal Law, 15th ed. (OUP, 2018)
A. Ashworth and J. Horder, Principles of Criminal Law, 8th ed. (OUP, 2016)
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 4 |
| Available as distance learning? | No |
| Origin date | 03/04/2018 |
| Last revision date | 10/01/2019 |