University of Technology Sydney

76012 Criminology

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((70218 Criminal Law OR 70114 Criminal Law and Procedure)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.

Description

This subject introduces students to the study of criminology, a multidisciplinary field that focuses on crime, penalty and imprisonment. Criminologists draw from a range of disciplines including sociology, psychology, science, law, philosophy, politics, cultural studies and history. Criminologists study the construction of ‘crime’, the causes of crime, crime prevention, the theoretical and ideological underpinnings of the criminal justice system, and the impacts of criminalisation on individuals and communities. This subject critically interrogates both the criminal justice system and criminology itself.

In this subject, students explore the research of various theorists and scholars and in particular focus on analyses of the impact of various factors such as ethnicity, race, gender, sexuality and colonisation on the construction of crime and the criminal justice system's response to crime.

Students use classical, contemporary and emerging theories in order to consider why and how crimes are constructed and occur, and the nature of just and innovative responses to criminal offending. The multidisciplinary nature of criminology means that criminologists utilise a wide range of quantitative and qualitative research methodologies to investigate these issues. The subject contextualises criminological theory through guest lectures by people with lived experience, research and debate as well as analysis of contemporary and evolving issues such as corporate and state crimes (including deaths in custody), the criminalisation of coercive control and the cost of imprisonment. Students also complete their own research project, applying relevant criminological theory to a crime issue of their choosing.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Identify, analyse and apply a range of theoretical approaches in order to investigate and critically reflect upon contemporary issues relating to the nature and causes of criminal behaviours and state responses to offending.
2. Critically evaluate a range of research methods used in criminological research.
3. Conduct effective research by locating and evaluating multidisciplinary scholarship and apply that research to investigate a crime and/or criminal justice issue.
4. Construct clear, critical and persuasive written and oral arguments that are substantiated by empirical research.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1 (Independent learning)

Student learning outside the classroom is an essential learning strategy for this subject. Students read prescribed materials and reflect on the wider issues raised in these materials prior to coming to class. Additional readings are listed in each class module on Canvas. Students are strongly advised to go beyond the prescribed readings particularly if they wish to specialise and pursue particular theories further. Students have the opportunity to ask questions of their peers and teacher to assist them in consolidating their own learning.

Strategy 2 (engaging in seminars)

Through interactive discussion and small group activities students develop skills to synthesise material quickly, formulate a critical analysis, listen and share information. Students test their understanding of the prescribed reading by: asking and responding to questions; developing their own perspectives and offering opinions; engaging in debates; and providing constructive feedback to peers in class discussion. Seminars are designed to model critical thinking, including the development of argument and close textual analysis of various theoretical approaches in a range of legal, cultural and historical contexts. Students practise these critical thinking skills through discussion, debate and activities that involve students working in small groups applying theories to contemporary issues such as the ‘one punch’ and lock-out laws.

Strategy 3 (Visual and oral presentation applying one critical criminological theory)

Students develop research skills through sourcing and critiquing a range of criminological theories and developing a short oral and visual presentation. To practise their research skills and develop their research topic students prepare and submit a presentation on the discussion board, choosing a one of a few pre-selected crimes but applying one criminological theory to either justify or critique the theory.

Relevant academic literature of three to five sources should be applied. Students are provided with written questions and feedback from the class about the appropriateness and relevance of the selected theory.

This process enables students to focus on a topic and to apply appropriate criminological approaches to that explores criminal justice issues. It also enables the student to defend or explain their position to the class.

Strategy 4 (feedback)

Students receive ongoing feedback in seminars from their teacher as well as their peers. Students should be using their class participation as a means to test their understanding of theories and relevant issues covered in the subject. This feedback is available to students from Week 1 and provides opportunities for students to develop their capacity to present oral arguments. In Week 3, students participate in a class activity that involves students analysing the components of a criminological theory and applying analytical framework to topical issues. This activity provides students with oral feedback about their ability to analyse and apply a theory as well as construct an effective argument. Students also receive written feedback via Canvas on their annotated bibliography which is due early in the session. Feedback provides students with the opportunity to reflect upon and develop their ability to construct an effective argument, write clearly and persuasively and communicate complex concepts. Students can continue to develop these skills through their writing of a final essay. Students also receive written feedback on their final essays via Canvas to improve their research essay writing in the future.

Subject Delivery

This subject is delivered face to face for all of Spring session.

Content (topics)

THEME 1

A. Introduction to Criminology

The first seminar will set the scene and tone for the subject. You will be introduced to the subject of criminology and an overview of future seminars. We will spend much of this class talking through subject objectives, expectations (yours and mine), assessments, introducing ourselves and discussing our personal interests and experiences with Criminology. This will no doubt raise questions, which we can answer through discussion.

B. Research in Criminology

Criminology draws its theoretical frameworks and research tools from a wide range of professional disciplines and institutions, including law, sociology, chemistry, psychology, medicine, psychiatry, political science, political economy and cultural studies. This seminar will be devoted to a broad examination and discussion of the nature of criminological research and how various theorists and practitioners engage with the discipline.

In this seminar you will learn how to construct a research question and should bring ideas on criminal justice topics to discuss, as the basis for your focused literature review and research essay. An introduction to research terms and examples of research topics in criminology will be provided.

THEME 2

A. Classical and Positivist Explanations

This seminar details foundational criminological explanations for criminal behaviour within their historical contexts. We will look at classical (legal, rational choice) and biological and psychological positivist (determinism) theories of crime causation. By the end of this seminar, students should begin to appreciate the virtues of a multidisciplinary approach to criminological theory and their conceptual limitations. Students are encouraged to consider contemporary examples of these theoretical approaches.

B. Structural explanations: Marxism, Strain and intersectionality

In this seminar we consider the theoretical shift from a focus on individual criminality to social causes of crime, with emphasis on the particular intersections that impact marginalised populations and their relationship with the criminal justice system as “victims” (survivors) and “offenders” (people who have been criminalised), and sometimes as both. We also delve into Marxist explanations on how crime is classified and enforced to uphold socio-economic structures and class society. This also relates to the module on the role of policing in social control and colonisation.

THEME 3

A. Labelling theory and moral panic

Law and order issues are salient in the Australian Community and false beliefs about crime are common. What does this mean for political rhetoric concerning crime and how does this influence policy and decision-making? Issues such as policing, punishment, and media representations of crime will be analysed and related to the criminological theory regarding 'moral panics'.

Cultural criminologists challenge the underlying assumptions of positivist criminology. Exploring ‘the many ways in which cultural forces interweave with the practice of crime and crime control in contemporary society’ and ‘the centrality of meaning, representation, and power in the contested construction of crime’ (Ferrell et al 2008:2) are the broader issues covered in this seminar.

B. Discussion: Public Sex Offenders registers

Periodically, the issues of if we should have a US style publically available register of child and/or adult sex offender information crops up in political debate. This debate highlights the role that crime statistics and evidence based policy as relayed through the media can play in concerns such as this. This discussion aims to look at all sides of the debate.

THEME 4

A. Crime prevention

Crime prevention is a major area of research in criminology with highly practical implications. This seminar details the theoretical and practical approaches employed to prevent crime with a focus on the built environment through Situational Crime Prevention and Crime Prevention Through Environmental Design (CPTED).

B. Victimology

The field of victimology has developed since the 1960s in response to the perceived inadequacy of the criminal justice system to the plight of victims. This seminar details theoretical approaches and recent practical responses by the government to victims' needs. One of the great difficulties in this area is balancing the needs of victims with the civil rights of other citizens, particularly offenders. Students will consider what constitutes ‘ideal’ victimhood (Christie 1986) in relation to case studies such as the deaths of Jill Meagher, Daniel Christie, Missing and Murdered First Nations women and girls (e.g. Colleen Walker-Craig, Clinton Speedy and Evelyn Greenup) and First Nations men and boys (e.g. Clinton Speedy-Duroux, Elijah Doughty, Kwementyaye Ryder and Cassius Turvey).

THEME 5

A. Prisons I: from panoptics to banoptics

This seminar provides an historical perspective and analysis of the purpose of prisons; their utility and efficacy at various times throughout history and a discussion of the moral ideal of ‘correction’. At the same time, we will look into various surveillance theories and their significance – from Bentham’s ‘panopticon’, to Bigo’s ‘ban-opticon’.

B. Prisons II: The ‘new’ penology

This seminar focuses on the political economy implications of incarceration and what Feeley and Simon have called ‘actuarial justice’. They argue that this ‘new’ penology has shifted focus away from the traditional concerns of the individual, and redirected them towards the actuarial consideration of aggregates. What are the implications of this shift and is it incompatible with the legal, rational actor model outlined in Week 2?

C. What is Prison Abolition?

In recent years the Prison Abolition movement has gained momentum internationally, including in Australia. We will consider its key concepts and demands and whether it can coincide with Criminology or also requires its abolition.

THEME 6

A. Feminisms

Feminists were among the first with a discourse of otherness to seek to explain crime from an ideological standpoint. This seminar explores this progression and examines the role of women in the criminal justice system, both as victims and offenders. Students are asked to consider the impact of technology in building social movements such as #metoo that have elevated public discourse on norms of sexual assault and consent across the globe, and in particular in New South Wales with a recent NSW Law Reform Commission Inquiry into sexual assault and consent.

B. Limits of Feminist Criminology and the need for intersectional approaches

Drawing on the scholarship of Kamilaroi Professor Larissa Behrendt and Kimberle Crenshaw, we will consider the limits of feminism with an intersectionality approach. We will focus on colonial of focuses of First Nations’ female sexuality and the contemporary criminalisation of First Nations women and girls.

THEME 7

A. Corporate crime

This seminar considers corporate crime from theoretical and practical perspectives. The in-class discussion will include analysis of the main observations of the Dreamworld deaths and how theories of corporate crime can be applied to understand their occurrence and the coronial and criminal law response.

B. State crime

We will examine the theories of state crime in the context of First Nations harms in custody. We will look at avenues for redress and the lack of accountability.

C. Discussion – Lessons from the Robodebt Royal Commission

Students will be required to apply theories of corporate crime and state crime to the NSW ICAC. The focus will be on Operation Keppel.

THEME 8

A. Green Criminology and environmental crime

Environmental crime or ‘eco-crime’ has recently become a significant area of academic pursuit in criminology. This is due to both the advocacy of the climate justice movement and the depth and seriousness of local and global environmental harms, including the destruction of eco-systems and species. We will look into a range of contemporary environmental crimes and the emerging field of Green Criminology.

B. Republican Theory, Restorative Justice

Republican theory offers a communitarian approach that is an alternative to the retributive (and individualistic) approach of the New Right and conservatives broadly, and the rehabilitative and therapeutic approach of progressive sociological positivists. Republican theory and has strong links to a communitarian approach to politics. Restorative justice is an example of a Republican approach to justice and offers a radical critique of the criminal justice system. This seminar is rounded out with a critique of the restorative justice approach as it applies to First Nations people.

THEME 9

A. Digital Criminology

Digital technology has had significant effects on everyday life and everyday crimes. Digital Criminology is an emergent interdisciplinary field of inquiry that examines conceptual, legal, political and cultural framings of crime, formal justice responses and informal citizen-led justice movements in the increasingly interconnected global and digital society. In this seminar, students will consider research that extends the practical and conceptual analyses of criminalisation in the digital society beyond the novelty, pathology and illegality of cyber-crime (Powell, Stratton et al. 2018).

B. Review

In this seminar we will review the main topics from the subject through various activities designed to help you cement the criminological knowledge you have acquired.

Assessment

Assessment task 1: Class Participation

Intent:

Class participation focuses on the conversation and discussion that help students to develop their understanding of the theories that they apply to critically evaluate research. Students practise communicating ideas in public and develop critical thinking skills.

Objective(s):

This task addresses the following subject learning objectives:

1 and 2

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.5.1 and LAW.6.1

Weight: 20%

Assessment task 2: Visual and oral presentation

Intent:

This is designed to help students get to grips with the literature used in this subject and to assist them in preparation for the essay (Assessment Task 3).

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 30%
Length:

5 minute oral presentation, with visual content (max 7 pages/slides) to be uploaded on to Canvas assignment portal

Criteria:
  • Identification of an appropriate crime or criminal justice issue;
  • Evidence of research that identifies relevant multidisciplinary materials;
  • Critical analysis, synthesis and evaluation of the material
  • Persuasiveness of arguments and ability to manage competing arguments
  • Succinctness and clarity of writing including structure, grammar and spelling
  • Accurate and consistent referencing according to the AGLC.

Assessment task 3: Critical Research Essay

Intent:

This is designed to provide students with a significant opportunity to explore in depth a criminological issue of their choice.

Objective(s):

This task addresses the following subject learning objectives:

3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 50%
Length:

2,000 words excluding footnotes (no discursive footnotes permitted; references only).

There is a 5% leeway under or over the 2000 words limit and any content over 2100 words will not be read or marked.

The word count must be included on the Cover sheet.

Criteria:
  • Interpretation of the task (expanding upon the crime/criminal justice topic and demonstrating understanding of the task);
  • Effective research strategy that identifies an appropriate range of multidisciplinary sources;
  • Critical analysis and evaluation of sources and research methodologies;
  • Articulation of a clear, concise and coherent argument which is logically structured and supported by evidence;
  • Clear written expression with correct use of grammar, punctuation and spelling;
  • Effective essay structure that guides the reader through the arguments and evidence;
  • An appropriate bibliography and accurate and consistent referencing in accordance with AGLC and demonstration of judgment and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Required texts

White R, Perrone S and Howes L (2019), Crime, Criminality and Criminal Justice, Melbourne: Oxford University Press (referred to as White et al in program). This textbook provides a comprehensive analysis of criminology and the criminal justice system, which puts the theory we will be studying into context. It has an Australian focus, which will allow you to readily make connections between theory and practice. In addition to the required readings from the text book, I urge you all to dip into the other sections of the book to round out your understanding of criminology and the criminal justice system. This book is available on the UTS elibrary as an electronic version.

In addition to the required readings from the textbook, there will be primary theoretical and empirical research readings. You are expected to read and digest the required readings before class to ensure that you can make the most out of class discussion and contribute to robust debate. Note: There are additional Highly Recommended and Recommended reading lists below. I cannot encourage you all enough to read widely and deeply in order to be able to write with authority on your chosen topic and to get the most out of the subject.

Recommended texts

The following texts are recommended as additional information on the theoretical perspectives on criminology that will be covered in the unit.


Recommended:

  1. Blagg, Harry & Anthony, Thalia (2019) Decolonising Criminology: imagining justice in a postcolonial world, Oxon, Palgrave.
  2. Brown, David and Wilkie, Meredith (eds) (2002) Prisoners as Citizens, Federation Press.
  3. Cohen, Stan (1985) Visions of Social Control, Cambridge, Polity Press
  4. Collins, Jock, Greg Noble, Scott Poynting and Paul Tabar (2000) Kebabs, Kids, Cops and Crime: Youth, Ethnicity and Crime, Sydney, Pluto Press
  5. Crofts, Penny (2013) Wickedness and Crime, Oxon, Routledge
  6. Cunneen, Chris and Tauri, Juan (2016) Indigenous Criminology, Bristol University Press.
  7. Deckert, Antje & Sarre, Rick (2017), The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice, Oxon, Palgrave.
  8. Downes D, Rock P, (2016, 7th Edition) Understanding Deviance, Oxford University Press
  9. Ferrell, Jeff, Hayward, Keith & Young, Jock (2008) Cultural Criminology: an invitation, London, SAGE.
  10. Garland, David, (2001) The Culture of Control: Crime and Social Order in Contemporary Society, Oxford, Oxford University Press
  11. Graycar, Adam & Grabosky, Peter (eds) (2009) The Cambridge Handbook of Australian Criminology, Cambridge, Cambridge University Press
  12. Hogg, Russell & Brown, David (1998) Rethinking Law and Order, Annandale, Pluto Press.
  13. Hooper, Chloe, (2009) The Tall Man: Death and Life on Palm Island, Penguin.
  14. Liebling, Alison, Maruna, Shadd & McAra, Lesley (eds) (2017, 6th edition) The Oxford Handbook of Criminology, Oxford, Oxford University Press.
  15. Ngaire, Naffine (1997) Feminism and Criminology, Sydney, Allen and Unwin
  16. Smith, Linda Tuhiwai, (2022, 3rd edition) Decolonizing Methodologies: Research and Indigenous Peoples, Zed Books, London
  17. Anthony, Thalia & Cunneen, Chris (eds) (2008) The Critical Criminology Companion, Sydney, Hawkins Press.
  18. White, Rob, Haines, Fiona & Acquith Nicole L (2017, 6th edition), Crime & Criminology, Oxford University Press.

Other resources

Useful websites:

Australian Institute of Criminology: http://www.aic.gov.au

NSW Bureau of Crime Statistics and Research: http://www.bocsar.nsw.gov.au