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Module Specifications

Archived Version 2009 - 2010

Module Title Criminal Law
Module Code LG325
School School of Law & Government

Online Module Resources

Module Co-ordinatorDr. Yvonne DalyOffice NumberC226
Level 3 Credit Rating 5
Pre-requisite None
Co-requisite None
Module Aims

This module aims:

- to acquaint students with the origins and purpose of criminal law, including an examination of ever-evolving definition of criminal behaviour;

- to teach students the elements of a crime (actus reus, mens rea);

- to teach students the common law rules and legislation regulating the criminal law, with an appreciation of the context in which such rules have developed;

- to equip students with sufficient knowledge to determine criminal liability, construct defences and critically analyse the criminal law.



Learning Outcomes

At the end of this module, students will be able to:

- Appreciate the function of criminal law in society;

- Understand the basic principles of criminal law, and the context of their development and application;

- Understand the rules of criminal law and demonstrate knowledge of relevant case law and legislation;

- Solve realistic problems with reference to case law and legislation;

- Critique the development of Irish criminal law in relation to particular offences and defences.



Indicative Time Allowances
Hours
Lectures 24
Tutorials 0
Laboratories 0
Seminars 51
Independent Learning Time 0

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

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.

Assessment
Continuous Assessment30% Examination Weight70%
Indicative Reading List

Core

- Hanly, An Introduction to Irish Criminal Law, 2nd Edition,

Dublin

: Gill and Macmillan, 2006

- 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 Dublin University Law Journal

Supplementary

- Smith and Hogan, Criminal Law: Cases and Materials, 9th Edition, London: Oxford University Press, 2006

- Lacey and Wells,  Reconstructing Criminal Law, 3rd Edition,

Cambridge

University

Press, 2003

- McGreal, Criminal Justice (Theft and Fraud Offences) Act 2001, Dublin: Thomson/Round Hall, 2003

- Walsh, Criminal Procedure, Dublin: Thomson Round Hall, 2002

- O’Mahony (ed.), Criminal Justice in Ireland, Dublin: Institute of Public Administration, 2002

- Smith and Hogan, Criminal Law, 10th Edition, Croyden: Butterworths Tolley, 2002

- Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law, 2nd Edition, Cambridge University Press, 2001

- O’Donnell and O’Sullivan, Crime Control in Ireland: The Politics of Intolerance, Cork University Press, 2001

- McAuley and McCutcheon, Criminal Liability, Dublin: Round Hall, 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

- O’Malley, Sexual Offences: Law, Policy and Punishment, Dublin: Round Hall/Sweet and Maxwell, 1996

- O’Mahony, Criminal Chaos, Dublin: Round Hall, 1996

- Fennell, Crime and Crisis in Ireland, Cork University Press, 1993

- 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)

- 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

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