UNIVERSITY OF KENT MODULE SPECIFICATION 1. Title of the module Advanced Level Criminal Law (LW601) 2. School or partner institution which will be responsible for management of the module Kent Law School 3. Start date of the module September 2010 4. The number of students expected to take the module 100 5. Modules to be withdrawn on the introduction of this proposed module and consultation with other relevant Schools and Faculties regarding the withdrawal None 6. The level of the module Honours [H] 7. The number of credits and the ECTS value which the module represents 30 credits (15 ECTS) 8. Which term(s) the module is to be taught in (or other teaching pattern) Autumn and spring 9. Prerequisite and co-requisite modules None 10. The programmes of study to which the module contributes All single and joint honors Law programmes 11. The intended subject specific learning outcomes Students who successfully complete this module will: 11.1 Have a sound grounding in the concepts, principles and rules of criminal offences; in particular the law relating to murder/manslaughter, non-fatal offences, defences, and theft and deception 11.2 Have a thorough understanding of the wider debate in respect of the place of criminal law in the social context, the definitions of harm and the boundaries of criminal law 1 Module Specification Template (v.October 2014) UNIVERSITY OF KENT 11.3 Be able to engage in practical application of their knowledge, through consideration of complex criminal law problem questions, and encourage critical debate of the issues raised 11.4 Have an excellent understanding of the concepts, principles and rules of criminal law considered in this module 11.5 Have a sound knowledge of the major theoretical debates in the criminal law field 11.6 Have the ability to critically analyse complex given situations and apply legal principles and case law to assess criminal liability and any defences 11.7 On presentation of case facts, be able to identify relevant legal rules, principles and case and statute law applicable for analysis and critique of the facts 11.8 Be able to independently research and discuss the major areas of criminal law, making appropriate reference to legal and academic source authorities 11.9 Be able to evaluate the operation of the criminal law in the social context making use of a range of sources, demonstrating independent and critical thinking appropriate to the study of criminal law at a higher level 11.10 Have the ability to engage in reasoned and informed discussion on the major areas of criminal law both orally, and in writing at a level appropriate to the study of criminal law at a higher level 12. The intended generic learning outcomes 12.1 To introduce students to, and develop their understanding of the application of law to case facts and the use of case precedent to justify assessment of criminal liability in complex cases 12.2 To provide the opportunity to students to develop independent research skills and improved presentation skills through class presentations and through dissertation 12.3 To have the ability to undertake independent legal research using a range of sources 12.4 To have the skills necessary to present, orally and in writing, complex legal argument, demonstrating accurate use of legal terminology and critical thinking 12.5 To recognise potential alternative conclusions for particular situations of a complex nature, and provide supporting reasons for them 12.6 To accurately identify and retrieve up to date information, using paper and electronic sources 12.7 To use the relevant legal terminology with care and accuracy at a level appropriate to the study of criminal law at a higher level 13. A synopsis of the curriculum While the curriculum for both the Level I (LW508) and Level H (LW601) modules is by and large the same in that the same topics are considered, students following the course at level H (LW601) will consider each discrete topic to a much greater depth making use of, and improving, skills developed in earlier years of their degree programme. • • • • • • • • Introduction to the concept of crime, the structure of criminal justice and the general principles of liability Harm and the boundaries of criminal law Murder, the problem of causation and omissions and intent to kill Defences to murder, self-defence, provocation, insanity and diminished responsibility Manslaughter, unlawful act, recklessness and gross negligence Non-fatal offences against the person Sexual offences Theft and the Fraud Act 2006 The module is structured to provide students with the opportunity to explore the major issues in criminal law through class presentation, through consideration of essay style topics and to engage in critical analysis of topics by considering criminal law problem questions. Students will be expected to 2 Module Specification Template (v.October 2014) UNIVERSITY OF KENT discuss particular issues of criminal law and their implications for a wider social context. At the commencement of the module students are provided with a Seminar Workbook which outlines the weekly seminar topic and task. 14. Indicative Reading List LACEY, N, WELLS, C, & QUICK, O RECONSTRUCTING CIRMINAL LAW 4th Edition, Cambridge University Press, 2010 ASHWORTH A., PRINCIPLES OF CRIMINAL LAW, 6th edition, Oxford University Press, 2009. WILSON, W. Criminal Law: Doctrine and Theory, 3rd edition, Longman, 2008; ORMEROD, David, Smith and Hogan: Criminal Law, 12th edition, OUP, 2008. ORMEROD, David, Smith and Hogan: Criminal Law: Cases and Materials, 10th edition, OUP, 2009; PADFIELD, Nicola, Criminal Law, 8th edition, OUP, 2008; 15. Learning and Teaching Methods, including the nature and number of contact hours and the total study hours which will be expected of students, and how these relate to achievement of the intended module learning outcomes • The total number of study hours is 300 Lectures: • There will be two lectures per week during the first two terms (excluding reading weeks). These lectures are available to students on Moodle and notes are available on the criminal law web page. PowerPoints used in lectures throughout the course are available on the criminal law webpage in advance of the lecture and students may print these • The function of the lectures is to provide students with the basic framework of legal principles and precedent which govern the topic under discussion. Lectures form the basis upon which students prepare for seminar discussion and assignments. In this way lectures meet the module objectives 11.1, 11.2, 11.4 and 11.5. Seminars: • Seminars take the form of a 2 hour fortnightly group and are structured through a Seminar Workbook, given out at the beginning of the academic year. The aims and objectives of the course are explained in the Course Outline Handout. Seminars fulfil a number of objectives. They are designed to enable students to engage in independent research for preparation of the designated seminar debate, thus equipping them with the skills required to conduct legal research and critically evaluate cases. Seminars will be led by students each week – with particular students being given responsibility for preparing debate on particular issues. In this way students are able to gain confidence in presentation skills as well as gaining a particular and thorough knowledge of areas under discussion. In addition students gain a good understanding in how best to utilise the information available and apply cases and theory to discussion. By allowing a 2 hour seminar rather than the usual weekly 1 hour seminar students are able to better able to make use of, and develop, their existing skills in research and this format better recognises and encourages students’ independent learning. • In this way seminars seek to achieve module objectives 11.3 and 11.6-10 and all of the generic learning outcomes 12.1-7. 3 Module Specification Template (v.October 2014) UNIVERSITY OF KENT 16. Assessment methods and how these relate to testing achievement of the intended module learning outcomes There are 2 alternative assessment patterns for this module and students are able to select which path to follow. In this way students are able to select the pattern which they prefer and which allows them to develop their existing skills and knowledge in the way that best reflects their own learning experience. There is an online multiple choice test in week 8 of Autumn Term, this is required in both paths, but marks do not contribute to the final module mark. Although not assessed, the multiple-choice test forms an important part of the module. Students are able to gain confidence in their emerging skills and knowledge at an early stage of the academic year. In addition staff are able to gain an early indication of students who may be in difficulty. This can then be fed through to the Senior Tutor in order that students can receive required support and input at a much earlier stage than has previously been possible. Path A Students can opt to submit a dissertation which constitutes 60% of their assessment grade in this module Students may undertake a 60% dissertation on a topic related to the subjects considered within the ambit of the module. Dissertations may only be undertaken with the approval of the supervisor and must be submitted by the end of the first week of the summer term. The dissertation length is between 6000-7000 words. By undertaking a dissertation students are able to select their own particular area for more in-depth study. This allows students to develop a particular interest and knowledge base and also a number of important skills. These skills include more thorough research skills, an ability to prepare and develop a more sustained and lengthy piece of work and exploring issues in a more in-depth method that allows for development of critique. This method of assessment seeks to achieve many module learning outcomes evidenced in the coursework but tests them in a different way through the use of a developed piece of independent research (11.3, 11.4, 11.5, 11.9 and 12.1-12.7) The remaining 40% of the module assessment mark will be made up of 2 coursework elements. The first coursework element will consist of a problem question constituting 20% of the module mark, the word count for this assessment is 2500-3000 words. This is a similar form of question to those encountered in seminar preparation and allows students to develop and demonstrate a more in-depth knowledge of a particular area of Criminal Law, issues and debates surrounding the particular area and a practical ability to apply the legal precedent to scenario facts while at the same time being able to discuss the wider social implications of such practice. The problem question seeks to promote module outcomes 11.1, 11.2, 11.3, 11.4 11.6, 11.7, 11.8 and 12.1- 12.7 The second coursework element is an oral presentation worth 20% of the module mark. Students will prepare a criminal case appeal and must present arguments before a judge. Students will work in pairs to present their arguments as to how the legal principles involved should be applied and must also answer questions put to them by the judge and defend their legal position. These assessments will be taped. This assessment allows students to develop a practical knowledge of a particular area of criminal law and to gain understanding of the complexity of attempting to apply legal precedent 4 Module Specification Template (v.October 2014) UNIVERSITY OF KENT to actual facts. In addition the oral nature of this assessment allows students to enhance their public speaking skills and allows provides valuable training in working in a small group environment as each pair of student works in tandem with their opposite pairing. This assessment seeks to meet module outcomes 11.1-11.10 and 12.1-12.7 Path B Students will undertake an examination worth 60% of the module mark The examination takes the form of a three hour unseen paper. Candidates are provided with a case list of all the cases covered in the course. The paper consists of two parts, Part A and Part B. Students must answer three questions, one from Part A and two from Part B. Part A of the paper consists of four case titles from which the students select one on which to write a case note . Part B consists of three problem questions and three essay questions. By requiring candidates to answer questions in sections, the paper ensures that candidates must demonstrate a full range of skills thus meeting all course objectives, in a similar manner to the seminars thus seeking to meet all of the module and generic learning outcomes listed in section 12 and 13. The examination consists of the same basic problem questions as those undertaken by students following the intermediate level Criminal Law module – LW508 – however the higher level module problem questions contain additional and more complex issues for students to identify and discuss in recognition of their greater knowledge and skills base. This assessment seeks to meet module outcomes 11.1-11.10, 12.1 and 12.3-12.7 Coursework element worth 40% of the module mark The coursework element is made up of two separate pieces of work. These are the same as those in Path A constituting 40% of the module mark, the problem question and the oral presentation. 17. Implications for learning resources, including staff, library, IT and space None 18. The School recognises and has embedded the expectations of current disability equality legislation, and supports students with a declared disability or special educational need in its teaching. Within this module we will make reasonable adjustments wherever necessary, including additional or substitute materials, teaching modes or assessment methods for students who have declared and discussed their learning support needs. Arrangements for students with declared disabilities will be made on an individual basis, in consultation with the University’s disability/dyslexia support service, and specialist support will be provided where needed. 19. Campus where module will be delivered: Canterbury 5 Module Specification Template (v.October 2014)