| Module Title |
Criminal Law 1 |
| Module Code |
LAW1047 (ITS: LG384) |
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Faculty |
Law & Government |
School |
Humanities & Social Sciences |
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NFQ level |
8 |
Credit Rating |
5 |
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Description
This module aims:
- to examine the origins and purpose of criminal law, including an examination of ever-evolving definition of criminal behaviour;
- to consider the elements of a crime (actus reus, mens rea);
- to explore the common law rules and legislation regulating the criminal law, with an investigation of the context in which such rules have developed;
- to develop the necessary skills to determine criminal liability, construct defences and critically analyse the criminal law.
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Learning Outcomes
1. Outline the function of criminal law in society; 2. Recount the basic principles of criminal law, and the context of their development and application; 3. Describe and apply the rules of criminal law; 4. Solve realistic problems with reference to case law and legislation; 5. Critique the development of Irish criminal law in relation to particular offences and defences.
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| Workload | Full time hours per semester | | Type | Hours | Description |
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| Lecture | 24 | No Description | | Assignment Completion | 26 | Research and write up of individual assignment | | Independent Study | 50 | Reading for lectures | | Independent Study | 25 | Exam Revision |
| Total Workload: 125 |
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| Section Breakdown | | CRN | 10902 | Part of Term | Semester 1 | | Coursework | 0% | Examination Weight | 0% | | Grade Scale | 40PASS | Pass Both Elements | Y | | Resit Category | RC1 | Best Mark | N | | Module Co-ordinator | Lynn Clarke-Hearty | Module Teacher | Adam Mcauley, Lauren O'Connell, Tanya Ní Mhuirthile, Yvonne Daly |
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| Assessment Breakdown |
| Type | Description | % of total | Assessment Date |
| Formal Examination | End-of-Semester Final Examination | 100% | End-of-Semester |
| Reassessment Requirement Type |
Resit arrangements are explained by the following categories;
RC1: A resit is available for both* components of the module.
RC2: No resit is available for a 100% coursework module.
RC3: No resit is available for the coursework component where there is a coursework and summative examination element.
* ‘Both’ is used in the context of the module having a coursework/summative examination split; where the module is 100% coursework, there will also be a resit of the assessment
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Pre-requisite |
None
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Co-requisite |
None |
| Compatibles |
None |
| Incompatibles |
None |
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All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml
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Indicative Content and Learning Activities
Introduction to the Criminal Justice System – origins and purpose of criminal law; evolving and changing definitions of criminal behaviour; brief introduction to criminological theories;
Criminal Liability – burden and standard of proof; elements of a crime (actus reus, mens rea); secondary liability, including common design.
Inchoate offences – attempt, incitement, conspiracy; defences to inchoate offences
General defences – infancy, intoxication, insanity, automatism, self-defence, provocation, duress, necessity, entrapment, mistake, consent
Offences against the Person (Fatal) – Murder and manslaughter – critical analysis of murder rates in Ireland
Offences against the Person (Non-Fatal) – Non-Fatal Offences Against the Person Act, 1997 assault, reckless endangerment, false imprisonment, syringe attacks – societal influences on development of non-fatal offences
Sexual Offences – sexual assault, aggravated sexual assault, rape, rape under section 4 – critical perspectives on sexual offences
Offences against Property – Criminal Justice (Theft and Fraud Offences) Act, 2001 theft, robbery, burglary, handling stolen property, criminal damage
Within this module there will also be an opportunity for students to participate in a tour of Mountjoy Prison.
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Indicative Reading List
Books:
- Hanly: 2006, An Introduction to Irish Criminal Law, 2nd, Gill and Macmillan, Dublin,
- Campbell, Kilcommins and O
Sullivan: 2009, Criminal Law in Ireland – Cases and Commentary, Clarus Press, Dublin,
- Charleton, McDermott and Bolger: 1999, Criminal Law, Butterworths, Dublin,
- Smith and Hogan: 2009, Criminal Law: Cases and Materials, 10th, OUP, London,
- Lacey and Wells: 2003, Reconstructing Criminal Law, 3rd, CUP,
- McGreal: 2003, , Criminal Justice (Theft and Fraud Offences) Act 2001, Thomson/Round Hall, Dublin,
- Ashworth, A.: 2009, Principles of Criminal Law, 6th, OUP,
- Walsh: 2002, Criminal Procedure, Thomson / Round Hall, Dublin,
- O
Mahony (ed.): 2002, Criminal Justice in Ireland, Institute of Public Administration, Dublin,
- Smith and Hogan: 2008, Criminal Law, 12th, OUP,
- Norrie: 2001, Crime, Reason and History: A Critical Introduction to Criminal Law, 2nd, CUP,
- O
Donnell and O
Sullivan: 2001, Crime Control in Ireland: The Politics of Intolerance, Cork University Press,
- McAuley and McCutcheon: 2000, Criminal Liability, Round Hall, Dublin,
- Bibbings and Nicolson: 2000, Feminist Perspectives on Criminal Law, Routledge, UK,
- Bacik and O
Connell (eds.): 1998, Crime and Poverty in Ireland, Round Hall, Dublin,
- O
Malley: 1996, Sexual Offences: Law, Policy and Punishment, Round Hall / Sweet and Maxwell, Dublin,
- O
Mahony: 1996, Criminal Chaos, Round Hall, Dublin,
- Fennell: 1993, Crime and Crisis in Ireland, Cork University Press,
Articles: None |
Other Resources
- Reports: Law Reform Commission Consultation Papers and Reports on criminal law issues, e.g. Report on Homicide: Murder and Involuntary Manslaughter (January 2008), Consultation Paper on Legitimate Defence (November 2006),
- Electronic Sources: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int,
- Moodle: Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module.,
- Other Journals: Students should also regularly refer to relevant journals, such as the Irish Criminal Law Journal, the Judicial Studies Institute Journal, and the Dublin University Law Journal,
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