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Module Specifications

Archived Version 2009 - 2010

Module Title Advanced Criminal Law
Module Code LG130
School School of Law & Government

Online Module Resources

Module Co-ordinatorDr. Yvonne DalyOffice NumberC226
Level 1 Credit Rating 5
Pre-requisite None
Co-requisite None
Module Aims
This module aims: - to build upon the understanding of the criminal law and the criminal justice system which students will have acquired in the Foundations of Criminal Law module; - to teach students about the theories of crime and punishment, as well as theories which focus on the development of the criminal justice system; - to provide a deeper analysis of the development of particular criminal offences and the methods of addressing such offences, through the study of case-law and legislation, as well as the application of criminological theories; - to teach students about the punishments available for criminal offences and the changing emphasis on such punishments which has occurred from time to time, again with reference to case-law and legislation, as well as societal influences and theory.

Learning Outcomes
Upon successful completion of this module the student will be able to: - describe and critically assess the basis of criminal liability, selected offences and selected defences to criminal charges - discuss the main criminological and criminal justice theories; - account for many of the changes in the criminalisation and punishment of certain activities in Ireland (and other jurisdictions); - apply criminological and criminal justice theories to the development of the Irish criminal justice system, with reference to relevant case-law, legislation and societal influences; - and, apply case-law and legislation, as well as theory, to criminal law problems.

Indicative Time Allowances
Hours
Lectures 24
Tutorials
Laboratories
Seminars
Independent Learning Time 51

Total 75
Placements
Assignments
NOTE
Assume that a 5 credit module load represents approximately 75 hours' work, which includes all teaching, in-course assignments, laboratory work or other specialised training and an estimated private learning time associated with the module.

Indicative Syllabus
Criminological and Criminal Justice Theories: - Feminist criminology, Radical and Critical criminology, Environmental criminology, Packer's Crime Control and Due Process models, Criminal Justice as Politics, Late-modern theories of criminal justice (managerialism/privatisation/control). Societal reaction to crime, crime and the media, politics and crime. Advanced mens rea and actus reus : A deeper look at the basis of criminal liability than that carried out in Foundations of Criminal Law, including discussion of modern - day issues such as the criminalisation of transmitting sexually transmitted diseases: intention, recklessness, negligence Advanced Defences: -Focus on the defence of Provocation, including Battered Wives Syndrine -Focus on the defence of Self-Defence, including the defeince of the home Advanced Offences: -Sexual Offences: crisis in relation to statutory rape: CC v Ireland, Criminal Justice (Sexual Offences) Act, 2006, Criminal Justice (Sexual Offences) Amendment Act, 2007 -Terrorism and the response of the criminal law - an analysis of modern-day criminal law responses to the increased threat of terrorism both in this jurisdiction and others. -Murder and Manslaughter: advanced analysis of the need for change in this area and related issues such as gun and knife crime Development of Irish criminal justice system and criminal law: - criminalisation and de-criminalisation of certain offences (homosexuality, contraception, syringe offences, rape as a gendered offence); - changes in trial and punishment (victim impact statements, juvenile justice, compensation orders); - moves away from reliance on criminal law (e.g. Criminal Assets Bureau, ASBOs). Within this module there will also be an opportunity for students to participate in a tour of Mountjoy Prison.
Assessment
Continuous Assessment30% Examination Weight70%
Indicative Reading List
Core - Maguire, Morgan and Reiner (eds.), The Oxford Handbook of Criminology, 4th edition, Oxford: OUP 2007 - O’Mahony (ed.), Criminal Justice in Ireland, Dublin: Institute of Public Administration, 2002 - Walsh, Criminal Procedure, Dublin: Thomson Round Hall, 2002 - Charleton, McDermott and Bolger, Criminal Law, Dublin: Butterworths, 1999 - Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module. - Students should also regularly refer to relevant journals, such as the Irish Criminal Law Journal, the Judicial Studies Institute Journal, and the British Journal of Criminology. Supplementary - Hale, Hayward, Wahidin and Wincup, Criminology, 2nd Edition, Oxford University Press, 2009 - Smith and Hogan, Criminal Law: Cases and Materials, 10th ed. London: Oxford University Press, 2009 - Lanier, The Impact of HIV/AIDS on Criminology and Criminal Justice, Aldershot: Ashgate, 2006 - Nicola and Wells, Reconstructing Criminal Law, 3rd Edition, Cambridge University Press, 2003 - O’Donnell and O’Sullivan, Crime Control in Ireland: The Politics of Intolerance, Cork University Press, 2001 - Garland, The Culture of Control :Crime and Social Order in Contemporary Society, Oxford: OUP, 2001 - Pavlich, Critique and Radical Discourses on Crime, Aldershot: Ashgate Dartmouth, 2000 - Bibbings and Nicolson, Feminist Perspectives on Criminal Law, Routledge UK, 2000 - Bacik and O’Connell (eds.), Crime and Poverty in Ireland, Dublin; Round Hall, 1998 - Nicola and Wells, Reconstructing Criminal Law, 2nd Edition, Butterworths UK, 1998 - Daly and Maher (eds.), Criminology at the Crossroads : Feminist Readings in Crime and Justice, Oxford: Oxford University Press, 1998 - O’Mahony, Criminal Chaos, Dublin: Round Hall, 1996 - Fennell, Crime and Crisis in Ireland, Cork University Press, 1993 - Packer, The Limits of the Criminal Sanction, Stanford: Stanford University Press, 1967 - Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int
Programme or List of Programmes
BCLBCL (Law and Society)
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