Undergraduate - UnitLAW4189E - Comparative criminal law 406

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Synopsis

This unit examines the role of theory in the criminal law and whether there are "fundamental principles" which underlie all systems of criminal justice. A consideration of the various theories of punishment propounded in the common law and civil law of crime follows.
The issue of codification as implemented in both common law and civil law jurisdictions is then addressed. Students will then be invited to examine in detail the roles played by the investigating magistrates, procurators and the judiciary in civil law systems and compare that role with the ones played by the prosecutor, judge and jury in the common law systems.
The relationship between substantive criminal law and procedure will be considered by focusing on such issues as the principle of territoriality, equality before the law including the right to a fair trial and the right to legal representation.
A comparative examination of the criminal law of Australia and Italy in the areas of the law of homicide, sexual offences and property offences will be undertaken. An analysis of the modern law of extradition, mutual assistance and various international treaties will enable a study of the impact of internationalisation on the criminal law including a consideration of the jurisdiction of the International Criminal Court. How have the Australian and the Italian legal systems dealt with the "war on terrorism"? Finally the unit will examine the use of several sentencing options in Italian and Australian criminal law.

NB Quota applies.

Outcomes

On completion of this unit, students should

1. understand the conditions under which individuals should be held morally and legally responsible for their (criminal) actions;
2. understand whether or not there are any "fundamental principles" which underlie all criminal justice systems;
3. have an appreciation of the various theories of punishment in the common law and the civil law as the basis for an analysis of the relationship between substantive criminal law and criminal procedure;
4. understand the issues concerning the merits or otherwise of codification in both the common law and the civil law;
5. understand the basic characteristics of criminal procedure under the inquisitorial and adversarial systems;
6. be aware of the relationship between substantive criminal law and criminal procedure in relation to issues such as the principles of territoriality, equality before the law including the right to a fair trial, and the right to legal representation in the civil and common law systems;
7. understand the essential features of the substantive law relating to homicide in Australia and Italy;
8. understand the major characteristics of the substantive law relating to sexual offences in Australia and Italy;
9. be aware of the basic elements of the substantive law concerning property offences in Australia and Italy;
10. have an appreciation of the impact of internationalisation on the criminal law of Australia and Italy;
11. be aware of the manner in which the criminal law of Australia and Italy has responded to the "war on terrorism";
12. understand the elementary characteristics of sentencing alternatives in Australian and Italian criminal law.

Assessment

Class participation 10%; take-home examination (4500 words): 90%

Chief examiner(s)

Dr Normann Witzleb

Contact hours

36 hours in 4 weeks.