78270 Crime, Victims and Criminal Justice
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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 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((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
The status and role of crime victims in the criminal justice system have undergone significant changes in recent decades across common law jurisdictions. From outsiders to the processes of modern criminal justice, victims are emerging as central to 21st century criminal justice policy. However, the politicisation of the crime victim and shift to a victim-oriented criminal justice system is controversial from multiple perspectives including: the defendant's entitlement to a fair hearing, the integrity of legal proceedings, and victim wellbeing.
This subject adopts a critical victimological approach to examine the status and role of victims in contemporary criminal justice and engage with on-going and emerging debates. Victimology is a multidisciplinary field in which researchers from a diverse range of disciplines work. These disciplines include law, criminology, psychology, sociology, and anthropology. A critical approach seeks to challenge positivist victimology that relies on standardised definitions and measures of victimisation and question the social, political and legal construction of 'crime' and 'crime victim'. Who are legitimate victims of crime? Does the law perpetuate a particular view of the crime victim? A critical approach also goes behind the words of the law and policy, to consider how it is interpreted and applied, in order to better understand the role of crime victims in criminal justice processes. Can and/or should traditional legal processes accommodate the concerns and rights of victims?
This subject explores these themes and questions, drawing from scholarship and research that use a wide range of methodological approaches.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Critically analyse and apply a range of theoretical and methodological approaches in order to critically evaluate political, social and legal dimensions of criminal victimisation. |
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| 2. | Conduct effective research by locating and synthesising multidisciplinary scholarship in order to analyse and critically evaluate policies, processes and laws that respond to the needs and rights of crime victims. |
| 3. | Construct and present clear, succinct, creative and persuasive arguments that are substantiated by scholarship and research. |
| 4. | Prepare and present research findings to an audience of peers. |
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 an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1) - Communication
Well-developed professional 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 inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
e. An ability to respond respectfully. (5.1)
Teaching and learning strategies
Strategy 1 Student preparation and self-directed learning
Student preparation for class and small group work is central to learning in this subject. Students’ engagement with set texts is guided by a series of questions which are designed to assist students to reflect critically on the concepts and issues raised by the materials.
Strategy 2 Class Participation
On-line zoom classes provide a key learning experience in this subject. These classes are discussion focused, based on set texts and based on a series of discussion questions that students have reflected on before coming to class. In class, students test their understanding of materials by: asking and responding to questions; sharing their own perspectives; engaging in debates; and providing constructive feedback to peers. Class discussion is designed to model critical thinking including construction of argument, and evaluation of theoretical and methodological approaches to issues. Students practise these critical thinking skills by actively leading and contributing to class discussion and responding to their peer’s views in both small group and whole class activities.
Students will also participate in class discussion by posting responses to set questions or students’ work on Canvas discussion boards.
Strategy 3 Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are important parts of the learning process. From the first class, students receive ongoing formative feedback in relation to their oral and critical thinking skills in classes from their teacher and their peers. Formal written feedback is provided for each assessment task.
Early formative feedback in this subject is provided before the census date. Students carry out a simple research task in week 1 to find an article in the media (mass media or social media) that raises an issue related to victims of crime. Students post a link or file on Canvas and briefly explain their choice of article, including what it is about and why it was selected. The objective of the task is to encourage students to start thinking about who are victims of crime and how the media responds to victims.
Subject Delivery
6 x 3 hour on-line zoom classes*; on-line research presentation activities; discussion board discussion; self-directed learning activities.
The subject coordinator will also conduct 2 x 60 minute on-line zoom Q and A sessions. The first session in week 1 will answer questions about the subject outline, learning activities and assessment items. The second session (date to be advised) will answer questions about the final assessment task.
*Each on-line class is divided into two sessions. Students will work in small groups for the first 60 minute session and the whole class will work together in the second 120 minute session
Content (topics)
- Victimology as a criminological approach
- Theoretical and methodological approaches to the study of crime victims
- Conducting effective research
- The politicisation of crime victims
- Victimhood
- Nature and impact of criminal victimisation
- Concerns and rights of victims of crime
- Victim partication in criminal justice processes
- Alternative justice responses in the context of adversarial justice, inquisitive justice, restorative justice, therapeutic justice and circle sentencing.
- Victims of the criminal justice system including secondary victimisation, indigenous victims and issues around mental health of victims and offenders.
Assessment
Assessment task 1: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
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| Weight: | 20% |
| Criteria: |
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Assessment task 2: Research Report
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
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| Weight: | 40% |
| Length: | Written report - 1000-1500 words excluding footnotes (references only in the footnotes). The presentation needs to be no more than 5 minutes. |
| Criteria: | Written report (30%)
Presentation (10%)
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Assessment task 3: Final Essay
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
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| Weight: | 40% |
| Length: | 2000 words excluding footnote citation and bibliography. |
| Criteria: |
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Minimum requirements
Attendance at 5 of the 7 seminars/workshops held in the subject
Required texts
As per Canvas modules
Recommended texts
There is no textbook for this Subject. rather, there will be a series of readings (ie journal articles and book chapters) and other online resources.