The fine line between spoon-feeding and
educational support:
Adapting to the needs of students challenged by the study of
Criminal Law and the Law of Evidence
Carol Withey
Department of Law
University of Greenwich
Aims of this session
• To discuss how some students find independent
learning challenging
• To identify reasons for this
• To explore strategies to enhance the understanding of
those struggling ( using Criminal Law and Evidence as
examples )
• To assess whether these strategies enhance
understanding and whether they impact on the ability
to study independently (or dissuade it )
• To discuss possible criticisms including whether this
is ‘spoon feeding’
Evidence that some students find independent
learning challenging
Figures taken from “Effective strategies for teaching and learning law: an analysis
of student experience and perception”- SLS conference paper 10/9/2009
I devised a 20 question survey regarding effective
ways to enhance understanding of the law :
• over 200 law degree students responded
• from 4 different institutions
The feedback provides some interesting data:
58% find textbooks challenging or difficult to read
71% find cases and case books challenging or difficult to read
60% find articles challenging or difficult to read
73% lose track in lectures when required to watch, listen and
write at the same time and only 32% of students pay
attention throughout lectures
78/99 who made a comment on negative aspects of learning
(compared with school) expressed difficulty with
independent study, the level of effort required and the
difficulty of the work
 For many the gap between school / university study is
too wide: students are required to make a substantial
leap in terms of what is expected of them
 Many students lack the confidence to learn on their own
 This can remain a problem even in year 3
 Students can disengage with their studies or
underperform
Possible explanations
• School practice of checking course work (drafts)
• Practice of ‘cutting and pasting’ without internalising material
• Parental input
• Over reliance on the internet and non specialist sources :
“Wikipedia is God”
• Modern day distractions / way of life – books take a ‘back seat’
• Modern life possibly affects attention span
• Widening access to higher education
‘Bridging the gap’- strategies to enhance
understanding/increase ability to study
independently
Subjects taught -
Criminal Law ( Yr 2 )
The Law of Evidence ( Yr 3)
• Taught to a wide variety of students over 12 years
• Tried various teaching strategies - ‘hands on’ and ‘hands off’
• And the winner is?.....
‘Hands on support’
• My aim:
– To provide relatively detailed lecture notes and other
learning resources in order to:
• engage students
• increase their confidence and ability to work
independently
• enhance their learning
• Examples ……………………
Lecture delivery
In the survey 96% of 209 students said that visual aids increase
understanding
• Emphasis on visual aids
– Bright and colourful PowerPoint lectures
– Animation
– Sound effects
– Humour where appropriate
Examples ……
General Principles of Crime
Manslaughter
Manslaughter
Voluntary manslaughter
Involuntary manslaughter
1. Diminished responsibility
1. Unlawful & dangerous act
manslaughter
2.
2.
Provocation
3. Killing in pursuance of suicide 3.
pact
Gross negligence
manslaughter
Reckless manslaughter
Wounding and causing
grievous bodily harm with intent
The Hearsay Rule
Hearsay exceptions
There are 23 exceptions in total!
However…we are only studying 4 of the exceptions in
depth
Elements of a hearsay statement
(1) A Statement
s. 115(2) CJA 2003 defines a statement as :
“any representation of fact or opinion made by a person by whatever
means; and it includes a representation made in a sketch, photofit or
other pictorial form”
‘Whatever means’ includes oral statements, written statements and
statements by conduct
– Oral statements - Sparks v R - W said to X “it was a coloured boy”
– Written statements - Patel v Comptroller of customs - “produce of
Morocco” on seed bags
– Statements by conduct- Chandrasekera v R - W with slit throat
gestured to X that D did it
Character Evidence
Websites for free animations and sound effects
http://www.partnersinrhyme.com/pir/PIRsfx.shtml
http://www.animationlibrary.com/
http://www.free-animations.co.uk/animation.html
http://www.getsmileyface.com/fighting-smileys.html
http://www.a1freesoundeffects.com/people.html
Feedback re: power point lectures
89 criminal law students - bar graphs
30 evidence students - pie charts
Rate the power point presentations (%)
100
90
80
70
60
50
40
30
20
10
0
excellent
good
average
poor
Excellent
Good
Average
Poor
“Lectures are very fascinating and interesting, not
just myself but other students are much more focused”
“The most random use of visuals I have seen in a
lecture; but in a good way”
“The drawings are funny and surprising- my brain is
really engaged in lectures”
“ I love the sound effects etc, it makes the lecture fun.
I learn a lot from the lectures”
•
“The presentations are engaging and I usually remember
the cases by remembering the presentations - I learn a lot
from the lecture, and when I get back to my notes they are
not alien to me”
“I have never been able to remember so many cases as
after your lectures”
“The visual images help in remembering cases and it is
one of the lectures that I stay focused in. It is clear and
consistent and highly organised “
“I like the power points; they have amusing bits to lighten
up the hard memorising!”
Lecture notes
In the survey 98% of 209 like to be given lecture notes
60% prefer detailed notes and not to have to write
notes at all
• My lecture booklets ( see examples handed round)
– Followed during lectures
– Detailed content – students can concentrate on
watching & listening during lectures
– Intermittent blank boxes to write in case details or
principles of law - maintains attention and
accommodates kinesthetic learners
– Questions after chunks of topics – can be attempted
at home – suggested bullet answers at back
– Graphics/ cartoons where possible
Rate the content of the lecture booklets (%)
100
90
80
70
60
50
40
30
20
10
0
excellent
good
average
poor
Excellent
Good
Average
Poor
Rate the amount you learn from the booklets (%)
100
90
80
70
60
50
40
30
20
10
0
excellent
good
average
poor
Excellent
Good
Average
Poor
Rate usefulness of extra questions & answers
in the booklets (%)
100
90
80
70
60
50
40
30
20
10
0
excellent
good
average
poor
• Easy to read and understand and read again – I learn a lot
from the booklets. They help when you are at home
before you begin reading a daunting textbook”
• l like the fact that if you miss something you have it in the
lecture booklets”
• “Easy to follow and not like a textbook, I learn large
amounts from the booklets”
• “The questions in the booklet after every topic were
really useful”
Other points regarding lectures
• In the learning survey many students requested
more interaction - difficult ….
• Possible use of personal response system (
clickers) during ‘breaks’
• System for about 150 students = approx £5,000. I am
going to trial PRS using student mobile text this
term
Seminars
– Strong emphasis on how to structure questions ( flow
charts for each topic)
– Suggested bullet point answers to all seminar questions
via WebCT ( note that 89% said these are very helpful and
only 3% said they dissuaded them from doing the work)
– Those with poor attendance are denied access until they
show evidence of the work
Structure / flow charts …..
In the survey 75% of 209 said they find advice on
structuring answers “very useful”……….65% find flow
charts very useful…..
General structure for all Criminal Law problem questions
1.
2.
3.
4.
5.
6.
7.
8.
Identify ( chronologically) where the first offence could have
occurred ( even if there is a more serious offence later in the facts)
State which the part of the facts you are about to discuss
Identify the relevant offence (if OAP consider the most serious first (
except with ABH)
Establish elements of AR ( focus on those problematic and only
discuss causation in depth if an issue regarding it arises)
Establish MR – ensure you provide a brief explanation of what
intention / recklessness /maliciousness means when mentioning for
the first time
Are there any applicable defences? If yes, discuss the elements of
the defence/s here ( even if they affect AR or MR). If no applicable
defence skip this hurdle
Conclude- guilty or not guilty?
If not guilty could D be guilty of an alternative offence? If so, follow
the whole structure again for this offence
Establishing the offence of unlawful and dangerous act manslaughter
Did D perform an unlawful act?
( an omission does not suffice )
Yes
No
No offence
Did the unlawful act amount to a crime?
(a civil wrong does not suffice- you should
have established this base offence
already as an offence in its own right)
Yes
No
No offence
Was the unlawful act dangerous?
(would a RP have appreciated the risk
of some physical harm resulting from the act?)
Yes
No
No offence
( D guilty of the base offence)
Did the unlawful act cause V’s death?
(consider factual and legal causation, esp.
drug suppliers and escape cases)
Yes
No
No offence
( D guilty of the base offence)
D guilty of UDAM
Establishing Hearsay
(A) Give definition / rule of inadmissibility in s.114(1) CJA 2003 & discuss rationale behind the
rule
(B) Then establish the various elements required
(i) There was a statement –s.115(2)
Can be oral , written, by conduct . A statement states a matter as per s.115(3) if purpose is to make
another believe the matter ( so implied statement no longer hearsay)
(ii) The statement was not made in oral evidence ( out of court statement)
(iii) The statement was relied on as ( truth of) evidence of matters stated
If no = non hearsay
Original evidence
Truth of content irrelevant,
but making of statement is circumstantial evidence of a
fact in issue ( now includes
implied hearsay)
If yes = hearsay
Proceed to consider whether any
exception applies
Rate the emphasis on how to structure answers / flow
charts (%)
100
90
80
70
60
50
40
30
20
10
0
excellent
good
average
poor
Excellent Good
Average
Poor
Suggested Bullet point answers…..
( In the survey 89% of 209 said they find suggested
answers to seminar questions very helpful)
Example – Criminal law- UDAM
“Neelam was attacked by Kane who tried to sexually assault her.
Neelam tried to escape by jumping over a 10 foot wall. Neelam fell
to the ground and died. Discuss the criminal liability of Kane in
relation to UDAM only. You may assume that the base offences
were battery and sexual assault.”
Identify parts of facts
When N died from the fall ….K may have committed UDAM
Identify and define most serious offence (disregarding murder)
UDAM = D committed and unlawful act (base crime) which was dangerous and which led to
death.( common law offence)
Establish AR
Unlawful act? – must be a crime - the base offences were sexual assault and battery
…..Dangerous? explain & apply Church test :a RP would foresee a physical attack could
subject N to some harm …..
Did the act cause death? - Factual causation- ‘but for the attack she would not have escaped
fallen and died…
Legal causation – discuss possible intervening act (of the victim - escape). Consider if the
escape ‘broke’ the chain of causation. Consider Roberts ( give facts) : D still the cause if
V’s escape was reasonably foreseeable( not daft and foolhardy) .Also consider Williams and
Corbett
Apply to facts - jumping over 10 ft wall was RF – chain in tact.
Establish MR
The only MR is to the initial battery/ sexual assault, as established
Defences?
None here ( but not asked to discuss anyway-so no need to mention)
Conclude
Kane guilty of UDAM
Rate usefulness of suggested answers
to seminar questions (%)
100
90
80
70
60
50
40
30
20
10
0
excellent
good
average
poor
Excellent
Good
Average
Poor
•
• “At the beginning I was completely lost as to how to
structure a problem question. I have been using the
template since the first week and find that it helps”
• “The structure for answering questions is really useful
and a technique to remember”
• It is good to have suggested answers. It shows whether
you are on the right track or not”
• “The answers are very good to find out where I went
“
wrong”
Rate amount you generally learn in seminars
Rate amount you generally learn in seminars– 85
100
90
80
70
60
50
40
30
20
10
0
excellen good
average
poor
Other learning support
• Provided via WebCT
• In relation to specific topics
– Pre-reading for forthcoming lectures
– Revision charts and quizzes
– Essential cases list
• General support ( in subject handbooks and on
webCt)
– Exercise in question spotting ( types of question)
– Common errors in answering questions
Webct
(screen -switch programmes )
“Webct is great! So much fun to go on to”
“Thank you for all the extra resources you
have provided in your spare time that you
did not have to do”
“Thanks for the revision quiz on webct, it is
very useful. Looking forward to more”
Impact on learning
• The student feedback indicates that this level of
support does impact on learning
• The support enables students to grasp the
essentials of a topic and to gain confidence
• This platform encourages students to conduct
their own additional independent research and
reading
Criticisms
• This level of support is ‘spoon-feeding’
• Degree students should be responsible for their own learning
• This level of support defeats the purpose of the degree ethoswe should be giving less support , encouraging independent
learning and critical analysis
• It is a waste of time providing detailed notes as students like to
make their own notes anyway
• Students become lazy or ‘switch off’
• Students are de-motivated re: conducting independent
research
Responses :
•
Spoon-feeding
– The support does not involve draft reading of work
– The support does not involve a ‘correction service’
– The support does not involve seminar questions and suggested
answers that closely mirror exam and assignment questions
– The support does not involve teaching to the exam
– The support does not include case lists for exams
– The support does not exclude the requirement for independent
research
• Degree students should be responsible for their
own learning
– This remains the case
• This level of support defeats the purpose of the
degree ethos
– Degrees of course require independent learning,
but the feedback shows that students need a
sound grasp of basics before they can learn
independently
– Students are still expected to engage in research
and demonstrate critical analysis etc
• Providing lecture notes is a waste of time as
students make their own notes anyway
– Students should and do make their own notes,
but as the feedback shows, many base their
notes on their lecture materials and add from
their own reading . This does not make the
provision of notes a waste of time
• They also encourage students to become lazy or
‘switch off’
– There is a danger here in lectures, but as shown,
this can be avoided
• The support de-motivates some students and
discourages them from engaging in their own
independent research
– I have seen no evidence of this. The student
feedback re: criminal law and evidence is from
across a range of abilities
– The feedback from the general survey (209)
shows that students are not discouraged by the
level of support ……
– ….only 3% said suggested answers discourage
seminar preparation
Conclusion:
• Extra support including quite detailed lecture
notes and suggested answers increases
confidence and the will and ability to learn
• Impact on grades is difficult to assess, but
noticeable difference in exam performance re
structure
Thank you for your kind attention
C.A.Withey@gre.ac.uk