criminal justice system

criminal justice system ASL1003 Criminal Justice Systems Assessments CONCEPTUALISING CRIME 1 Introduction to the Unit What constitutes a crime? What is crime and who is the criminal? Chapter 1: 3-24 Discussion of Unit Outline. Selection of tutorial presentation Weeks 2-11 Skills for assignments 2 3 Crime in a social context - Crime statistic The distribution of crime over populations, space and time. Chapter 2: 25-52 4.1: Set discussion question Crime and the media Crime and the media. Chapter 3: 53-68 4.2: Set discussion question Skills for assignments Skills for assignments CONCEPTUALISING CRIMINALS 4 Sociological explanations Sociological explanations for of crime crime. Chapter 5: 97-124 1. Collaborative presentation 4.3: Set discussion question 2. Media Research Essay Week 4 due Friday 14 August 2015 by 17.00, VU Collaborate - Turnitin and hardcopy 5 Youth crime, and crime in the street, subcultures Youth and crime. Chapter 6: 125150 1. Collaborative presentation 4.4: Set discussion question Crime in the Streets. Chapter 7: 151-170 6 Crime and the home, Crime and the home. Chapter 8: 171-191 1. Collaborative presentation 4.5: Set discussion question 3 Week Issue for discussion Weekly Essential Readings Tutorial presentations & Assessments CONCEPTUALISING CRIMINAL JUSTICE 7 8 Criminal justice system The criminal process & Innovative justice processes Aims of the criminal justice system. Chapter 17: 389-406 1. Collaborative presentation The Criminal Process. Chapter 19: 345-454 1. Collaborative presentation 4. 6: Set discussion question 4.7: Set discussion question Innovative justice processes. Chapter 20: 455-482 CONCEPTUALISING PUNISHMENT 9 10 Community based corrections Community-based corrections. Chapter 22: 507-526 1. Collaborative presentation Crime prevention and reduction Crime prevention and reduction. Chapter 23: 527-546 1. Collaborative presentation 4.8: Set discussion question 4.9: Set discussion question MID SEMESTER BREAK 28 SEPTEMBER - 2 OCTOBER 2015 11 Victims and criminal justice Victims and criminal justice. Chapter 24: 547-572 1. Collaborative presentation 4.10: Set discussion question Discussion of essay topics 12 Conclusion: Crime in an Crimes across borders Chapter 13: international perspective 275-302 International crimes. Chapter 14: 303326 Discussion of essay topics 3. Final Essay Week 13, due 23 October by 17.00 (23/10/15), VU Collaborate - Turnitin & Hardcopy 4 GENERAL INFORMATION Scholarly writing, plagiarism and copyright An academic course of study requires students to source information in a number of different formats including scholarly information, data, and analysis, reasoned arguments and the insights of others. Part of what it means to be a ‘scholar’ is to engage with the work of others, for example, to extend or refine one’s own ideas, review the work of others, or test and extend theories. However, remember to give credit where credit is due, that is, acknowledging the work of others in your own work by using the correct referencing system. Failure to acknowledge other people’s work appropriately may be regarded as plagiarism or academic misconduct. VU deals with plagiarism according to the Academic Honesty and Preventing Plagiarism policy https://policy.vu.edu.au/students.php. Copyright law gives the owner of text, photos, pictures, films and recordings the rights to control reproduction, publication, communication, performance and adaptation of their work. All students and staff of Victoria University are bound by the requirements of the Copyright Act (1968) when using third party copyright material in the course of their research and study. For information on copyright entitlements and responsibilities for study and research please see, vu.edu.au/library/referencing-copyright/copyright. Referencing requirements within this unit The referencing convention that is applicable to this unit is the Harvard system Academic writing and referencing guidelines: Two VU online support sites on academic writing and appropriate referencing are: • • vu.edu.au/library/referencing-copyright/referencing-guides vu.edu.au/campuses-services/student-support/language-learning/academic-writing VU website • Student life (vu.edu.au/student-life) – Everything you need to know about studying at VU, from your first day to your graduation and beyond. • Course structures (http://www.vu.edu.au/student-life/enrolment/enrolment-schedules/artsenrolment-information) – Understanding how your course is set up will help you select your units and track your progress through your degree. • Calendars & timetables (vu.edu.au/student-life/calendars-timetables/timetables) – Find when and where your classes are held. 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It contains an overview of structuring essays, of providing comprehensive references (Oxford, Harvard and APA) and of compiling a reference list. On this page is a student’s guide to plagiarism, how to avoid it and the penalties involved in engaging in plagiarism or academic dishonesty. Teaching and Learning support VU provides a range of face-to-face and online support for all students for assistance with assignments and writing, and learning effective ways to study and manage time. 5 [1] Learning Support Services staff offer one-on-one consultations at Footscray Park campus; go to tls.vu.edu.au/cf/abs/default.cfm or call 9919 4744 to make an appointment. You can also submit a draft of your assignment/s for feedback and comments directly to [email protected]. [2]Writing Space is a peer-assisted writing centre where students can speak to a writing mentor (a senior student) about assignments, particularly what you are writing, what you plan to write, or have the mentor read over what you have written. • Footscray Park: Level 2 of the Learning Commons in Building P between 2-6pm, Mondays to Wednesdays, and 12-4pm, Thursdays and Fridays. • St Albans: Learning Commons Open Area (opposite Careers offices) between 2-6pm, Mondays to Wednesdays, and 12-4pm, Thursdays and Fridays. Writing Space generally runs from week 2 to week 12 each semester [3]SNAP.VU snap.vu.edu.au/ is the latest addition to online learning support at Victoria University. SNAP.VU is a social learning site where you can create a profile and get resources recommended to you based on your study interests • personalise your pages • ask and answer other students' questions on the discussion forum • read and comment on blogs • watch and rate video casts made by other VU students • create and join online study groups • find out how you can get involved in students supporting student learning [4]The Learning Hub tls.vu.edu.au/vucollege/learninghub/index.html offers various academic support services to students, including: • Study skills workshops • Transitional issues for students new to higher education • FAQs - the questions often asked by students • Skills needed for your studies e.g. oral presentations • General study skills - What is a lecture? What is a tutorial? • Exam techniques • Writing academic essays • Information specific to particular units or courses • Postgraduate and international students • Mentoring • Plagiarism Useful resources vu.edu.au/study-with-us/your-study-options/how-courses-work vu.edu.au/campuses-services/student-support/learning-study http://www.vu.edu.au/campuses-services/student-support/academic-support-development Handing in assignments Any option for late assessment submission must be discussed and agreed upon with the unit coordinator. 6 Extensions, Alternative Examinations and Special Consideration If you are not able to submit your work by the submission date or able to attend the final examination, and there are grounds (medical, personal hardship, extenuating circumstances, etc.) for not attending the examination or submitting your work on time, or for your performance being impaired. You may submit an online application for an extension, an alternative exam or for special consideration. You can find information and forms for Special Consideration, Alternative Examinations and Supplementary Examinations at http://www.vu.edu.au/student-life/exams-results/specialconsideration-supplementary-exams. All applications for special consideration from students studying in Australia should be submitted within three (3) working days of the submission date of the assessment. You may need to contact a student counsellor to assist you with this process. For further information, please see: vu.edu.au/student-life/getting-help/counselling. Supplementary Assessment It is university policy that students who receive between 45 and 49% for their semester’s mark be offered supplementary assessment. Should your end-of-semester mark fall into this range it is your responsibility to contact your unit coordinator by email immediately after receiving your final mark. For this unit, supplementary assessment will not take the form of a supplementary examination. Missing grades It is your responsibility to check your transcript when it is released at the end of semester to ensure there are no grades missing from your record. Should you believe, at the end of this semester, that you are missing grades from this semester, the course coordinator will follow up on missing grades but only if notified by email within a month of grades being released. Arrangements for Students with a Disability See the unit coordinator Student Complaints Resolution Victoria University has a Student Complaints Resolution policy to guide you through the steps you can take to resolve issues related to your time at the University. If your issue relates to your study, the first step is to raise it directly with the relevant academic staff. You also have the option to make a confidential appointment with a Student Advocate if you are unsure how to approach the situation. For more information go to vu.edu.au/student-life/getting-help/student-complaints-resolution Succeeding at Victoria University As a university of opportunity, Victoria University is committed to providing all students with the opportunity to succeed in their studies. If you require any support during the semester, you are advised to speak to your unit co-ordinator, course co-ordinator or class teacher. There is also additional support and guidance for students. At VU, we have a range of support, development and guidance and opportunities for you outside the classroom as part of your learning experience. The portal (vu.edu.au/student-tools/myvu-studentportal) provides detailed information on a range of student services (outlined in Table C below) with which you will find helpful. Providing feedback: Student Evaluation System (SES) Your feedback on your experiences within this unit is important, because it assists VU to improve the learning experience of units and courses for future students. You are encouraged to provide informal feedback directly to your unit and course co-ordinators. The University also collects your anonymous feedback systematically through the Student Evaluation Survey (SES), the name for the two combined student evaluation instruments: the Student Evaluation of Unit (SEU) and the Student Evaluation of Teaching (SET). Students are asked to complete the SEU and SET near the end of each unit on the VU webpage. SEU and SET results are anonymous, and are not made available to the teaching staff in the unit until after the University has released your final grades. 7 INTRODUCTION ASL1003 CRIMINAL JUSTICE SYSTEMS This unit of study introduces the structures, roles and processes of the criminal justice system - courts, corrections and policing, whilst taking a critical criminological approach. Students will examine current crime trends, and consider the notion of moral panic and crime. Further, students will examine current and historical approaches to penology and punishment, and the pushes and pulls upon reform. Format This unit will be conducted as one (1) hour lecture and one two (2) hour tutorial each week for 12 weeks. Class Materials: • Unit literature: Marmo, W. de Lint, and D. Palmer (eds.)(2011) Crime and Justice, A Guide to Criminology. Thomson Reuters. The Library has six (6) copies; three (3) of the copies are placed in the Library Reserve. The book is an excellent reference book that will support you in your studies throughout this course. Additionally, it should be possible to find a second hand copy of the book if you do not wish to buy a new copy. • Other essential and some recommended articles; chapters and extracts from a range of sources are posted on VU Collaborate. You are required to complete the essential reading each week in order to participate in tutorial discussions and to complete your assignments. • Further readings will be available in electronic form via the library catalogue (e-reserve), via VU Collaborate, via e-journals and in hard copy on the library general and reserve shelves. • VU Collaborate, as ASL1003 students, you should be automatically enrolled in VU Collaborate, an important gateway to on-line resources, assessment tasks, tutorial notes, announcements and other important information related to this unit. Check as soon as possible to see if you can access the ASL1003 site. If not, inform your unit coordinator straight away by email. See below for contact details. Make sure you include in your message your full name, student number and this unit code ASL1003. ATTENDANCE: • • • A minimum of 80% attendance is expected at lectures and tutorials. Weekly readings of the set text are essential each week to gain the fundamental knowledge of the unit content. One discussion question should be submitted through VU Collaborate before the lecture in Weeks 2-11. The week’s reading will be discussed in detail in the tutorials. Therefore, you need to have read the chapter/s to participate in the discussions before you attend the tutorial session. Staff: • Unit Coordinator: Dr Charlotte Fabiansson • Room: E 408 (Footscray Campus). • Email: [email protected], the preferred contact method • Telephone: 03 9919 4447 • Consultation times: Tuesday 14-16; Wednesday 16-18; other times by appointment • Tutors: Dr Carmel Brown; [email protected] & Dr Ivan Krisjansen; [email protected] 8 VICTORIA UNIVERSITY LEARNING OUTCOMES & GRADUATE CAPABILITIES Victorian University has identified six key learning outcomes and capabilities for graduates, which must be embedded in each course and unit. These are to ensure each graduate of Victoria University will attain these capabilities, skills and knowledge’s, in addition to your technical and field of study-specific knowledge and skills. Learning outcomes: On completion of this unit, students are expected to be able to: 1. Understand crime, justice and punishment from a historical and socio-political perspective. 2. Evaluate the extent of crime in Australia, including notions of measuring crime and defining crime. 3. Identify the roles and responsibilities of the criminal justice system in Australia. 4. Explore and understand definitions of justice - including retributive, restorative and actuarial. 5. Understand the principles of punishment employed in the criminal justice system. 6. Recognise the contemporary understandings of punishment and the relationship with crime and justice. Core Graduate Capabilities: On successful completion of the unit you will be practised, at a level appropriate to undergraduate learning, in the following: 1. Problem solve in a range of settings; 2. Locate, critically evaluate, manage and use written, numerical and electronic information; 3. Communicate in a variety of contexts and modes; 4. Work both autonomously and collaboratively; 5. Work in an environmentally, socially and culturally responsible manner; and 6. Manage learning and career development opportunities. For more information, visit the web site: http://tls.vu.edu.au/portal/site/design/graduate_capabilities.aspx 9 WEEK-BY-WEEK LECTURE & TUTORIAL GUIDE Criminal Justice Studies Web link: http://guides.library.vu.edu.au/criminaljustice CONCEPTUALISING CRIME The unit will begin by considering the notion of crime as lacking inherent meaning, and to explore the categorisation of crime as a social construct. Crime can be examined as a form of social control, which takes shape based on the socio-economic context and the historical fabric of the society. We will untangle the main sociological approaches to crime; how crime is defined, presented in mass media, and how is it reflected in crime statistics. Throughout this unit, we will examine various types of crime, including crime against person and domestic violence, youth and street crime, property crime, state and transnational crime. WEEK 1 INTRODUCTION TOPIC FOR DISCUSSION The term ‘crime’ is often ‘taken-for-granted’ as having a universal definition, but the definition what constitute a crime is time and society specific. Crime is often poorly defined in contemporary Australian and international research and there is a considerable debate amongst scholars working in different theoretical traditions about the appropriate definition of crime. This reflects broader public division about the types of behaviour or people that are classified as being criminal. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) What is crime and who is the criminal? Chapter 1:3-24 Tutorial: Introduction to the Unit - What constitutes a crime? This tutorial focuses on an introduction to the unit and a discussion of the unit outline. Presentation topics, assessment tasks and expected student participation, outcomes, and contributions for the semester are discussed in detail. Based on the lecture presentation, we will discuss what constitutes crime and how to define criminal activity. We explore crime as a social and political process and discuss the interrelationship between criminology, social policy and questions concerning whether or not there is a general theory of crime. We also investigate who can be considered a criminal alongside different definitions of human rights. Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. In weeks 2-11, a set question needs to be responded to and submitted through VU Collaborate in the week’s designated Dropbox. This assignment (4.1-4.10) is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically. WEEK 2 CRIME IN A SOCIAL CONTEXT - CRIME STATISTICS TOPIC FOR DISCUSSION What is the validity of assembled Crime Statistics and how can they be interpreted? We outline some enduring and emerging patterns in the interpretation of statistics and discuss the most common sources of crime data; in particular, police recorded crime and crime surveys. We explore how crime statistics are generated, not only by the behaviour of offenders but also by the way, that victims, bystanders and police respond to and count that behaviour. This lecture considers the ways in which a fragmented social world can be presented in statistical forms. Theory enters the discussion in relation to the period between 1970 and 1990s. This period coincided with the beginning of post-modernism discourses, which saw researchers questioning modernist assumptions about human subjectivity. Explanations of crime become increasingly sensitive to the differences in patterns of offending, victimisation and criminalisation based on gender, ethnicity, and sexual orientation. 10 Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) The distribution of crime over populations, space and time, Chapter 2: 25-52 Tutorial: Selection of tutorial presentation topics, Weeks 3-11 Discussion issues: crime statistics [http://www.abs.gov.au] Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.1: Use the charts in the book or consult the web links given at the end of the chapter. Respond to the question: In Australia, what groups are at highest risks of personal crime? What do you think explains this pattern? Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically WEEK 3 CRIME AND THE MEDIA & INEQUALITY OF CRIME TOPIC FOR DISCUSSION Mass media is the most general informer of crime in society. We will examine the role of mass media in this lecture. Mass media influences the understanding of crime and it has an impact on public policy. Thus, how mass media presents the crime will influence our view about the severity of the crime and the perpetrator/s. Media reporting will also influence our perception of risks and possible exposure to crime. Sometimes the media is also presenting solutions to restrict crime. We will focus on newspaper and television reporting of crime. We will also explore inequality and social structure and how it influences criminality. Social structures regardless of whether they are economic (capitalism), gendered (patriarchy) or ethnically derived (colonialism) will play a role in shaping the crime configuration in society. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Crime and the media, Chapter 3:53-68 Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.2: Can you identify an episode, behaviour, group or policy that might have the potential to form a moral panic in the future? What do you think are some of the key elements for this construction? Examples are institutional sex offence inquiries, terrorist-related legislation. Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically CONCEPTUALISING CRIMINALS In this section, theories of free will and biological determinism are explored. Explaining criminality via the classical debate is still continuing. Based on responses to the classical debate this section explores victimisation theories; strain theory and labelling theory. These theories are applied to issues of Indigenous, ethnic and hate crime, and critiqued in terms of how they stereotype these groups. Gender differences in relation to crime are examined and whether or not male crimes against women are treated differently due to the position of men in society. 11 WEEK 4 SOCIOLOGICAL EXPLANATIONS OF CRIME TOPIC FOR DISCUSSION Since its origin, the criminological imagination has devoted considerable energy to the task of explaining crime. Theoretical explanations of crime can be understood as a ‘story’ centrally concerned with a societal ‘battle between deviance and social control’. Given the inter-disciplinary character of criminological inquiry, the explanations have emerged over time and come to express diverse explanations with sometimes contradictory perspectives on why individuals, groups, corporations, institutions or the state may engage in criminal behaviour. The focus will be on sociological explanations. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.), (2011) Sociological explanations for crime, Chapter 5: 97-124 Collaborative group presentation topic/s: A: Use at least two sociological based criminology theories. Explore how property, personal, and state crimes can be analysed and explained from the selected theories. Give examples and scenarios that demonstrate how the different theories explain property, personal, and state crimes. B: Inequality increases the social distance between elite or powerful groups and other members of society. How is this inequality influencing a society’s crime situation and how can crime be explained from a societal perspective? Give examples where you explore different scenarios that can inspire to criminal activities and situations limit the occurrence of crime in a residential and in a commercial area. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.3: Select one type of crime from each of the following broad categories: corporate crime/environmental crime, state crime, crime of resistance, violent crime, chronic patterns of offending. Develop a narrative from the social explanation that you think offers the ‘best’ account of this crime (pattern). What do you think is the ‘best’ explanation, why do you think it is the ‘best’? Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically ASSIGNMENT 1: Media research essay, due Friday 14 August 2015 by 17.00; Turnitin and hardcopy. WEEK 5 YOUTH CRIME, AND CRIME IN THE STREET, SUBCULTURES TOPIC FOR DISCUSSION Unlike the nouns ‘child’ and ‘adult,’ which refer to define periods of life, the period identified as ‘youth’ is more nebulous in normative society because in conjures up troubling and emotive images (Muncie 2009:4). To avoid negative connotations associated with the term youth, the use of the term young people is often applied instead. Anxiety and ‘respectable’ fears about young people have historical and contemporary incarnations: from concerns in Victorian society over street gangs of young people, including larrikins in Australia, to present fears over young people’s alleged anti-social behaviour. Street crimes are the most visible crimes, as they take place in the public space and fear of crime is often based on common sense perceptions and not reality. Public order crimes are offences that involve prohibited forms of public behaviour often seen as committed by young people. 12 Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Youth and crime, Chapter 6: 125-150; and Crime in the street, Chapter 7: 151-170 Collaborative group presentation topic/s: A: Explore a ‘typical’ youth crime and how is it viewed in society by different authorities and the public. What are the strategies that are applied in the Australian society to prevent, but also ‘save’ young people from following a criminal path? Include examples and discuss how these examples are viewed from different societal perspectives. B: Explore a typical street crime and explore the social, cultural and economic factors that might explain why people become involved in street crimes. What are the social, legal, cultural and economic implications of street crimes? Give examples. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.4: is it about the behaviour of young people that plays upon the fear of members of “respectable” society? Are these fears justified? Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically WEEK 6 CRIME AND THE HOME TOPIC FOR DISCUSSION The most dangerous place for most people is the home. This week we will discuss crimes within the home. Here we have homicide, family violence, child abuse and elder abuse. In addition, fraud and theft can be seen as crimes in relation to the home. What then is a ‘home’? The home is a private space and from an historical perspective, the regulation of crimes in the home, especially connects with physical and sexual abuse between adults. Inequality within the family setting is of special concern in the home, but how the criminal is depicted - as not a well-respected family person and someone with a low income, unemployed, homeless and possibly a drug user. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Crime and the home, Chapter 8: 171-191 Collaborative group presentation topic/s: A: Family violence and violence against women are highlighted in mass media from time to time. Laws and policy identify which actions constitute family violence. You will explore laws concerning such violence and respond to why family violence is a societal problem. In what social context do they occur? How do we understand the reasons for family violence, and what is being done to change perceptions? What support networks are there and how effective has this support been so far? Give examples. B: Who is classified as a ‘criminal’? Analyse who is classified as a criminal, look at it from a historical and contemporary perspective and from different societal perspectives. Are all criminals the same in historical and contemporary society or are they different depending on the period and the crime? Besides, who defines the criminal act and the criminal? Think about individual, group, and state crimes. Give examples. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. 13 SET QUESTION: ASSESSMENT TASK 4.5: What are the strengths and weaknesses of criminal justice responses to violence in the home? Can you think of any promising alternatives? Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically CONCEPTUALISING CRIMINAL JUSTICE In this section we analysis the criminal justice system, how the criminal justice system processes ‘offenders’. We will discuss and critically analyse the disciplinary society and police culture, and we will examine the use of police discretion in terms of arrest, interrogation and the construction of police evidence. Criminal justice is time and society derived, hence the need for innovative justice processes to reflect modern social crime theory and practices. The procedures around gaining bail will be considered alongside the implications for the presumption of innocence. WEEK 7 CRIMINAL JUSTICE SYSTEM & POLICING AND LAW ENFORCEMENT TOPIC FOR DISCUSSION This week we discuss the purpose, aims and values of the criminal justice system and the controversy surrounding the following terms: system, justice and criminal. Central to the criminal process is the exercise of discretion by police officers, prosecutors, defence attorneys, judicial officers, probation officers and community and institutional correctional staff. We will discuss some of these elements, such as the agencies that form the justice system and the passage of cases through it. Policing and law enforcement research have been extensive within criminology, especially concerning topics such as police training and education and the comparative studies of police nationally and internationally, law and order, public relations and other contemporary issues. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Criminal Justice System, Chapter 17: 389-406 Collaborative group presentation topic/s: A: Explore the Australian criminal justice system and discuss the pathways for a young offender who has been apprehended for criminal acts. How is a case built and taken through the court, judgement and custodial prison phases? Give examples of different scenarios and focus on one example of how an actual crime has progressed from apprehension to committal. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.6: If you were a defendant, would you prefer to be sentenced under a “just desert” or an “individualised” model of sentencing? Explain why? Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically WEEK 8 THE CRIMINAL PROCESS & INNOVATIVE JUSTICE PROCESSES TOPIC FOR DISCUSSION The term criminal justice system is not really a system, but more like a convenient arrangement for a number of state-run bureaucratic institutions that deal with offending and offenders. These institutions are best described as: the investigative arm (such as the police and other prosecution authorities, including the Australian Crime Commission), the adjudicative arm (the criminal courts), and the correctional arm (prisons, community corrections and probation and parole services). To combat crime we are moving currently in two directions: (1) innovation, which promises to change established forms of criminal justice and to do justice 14 differently and (2) repetition, which promises to intensify established forms of criminal justice, and to do justice more effectively and often in a more punitive fashion. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) The Criminal Process, Chapter 19: 345-454; and Innovative justice processes, Chapter 20: 455-482 Collaborative group presentation topic/s: A: Select a criminal case and take it through the Australian criminal process. Consider the whole procedure from arrest, prosecution, criminal court, trial, sentencing, and different ways to appeal the sentence. Compare Indigenous people and non-Indigenous people going through the Australian court system. B: What are the similarities and differences between restorative justice, Indigenous justice and therapeutic jurisprudence? Explain the similarities and differences. Give examples to highlight the differences and similarities. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.7: Comment on the claim that the 2003 and following antiterrorism laws have allowed the abrogation of fundamental rights and liberties. Argue for and against their repeal. Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically CONCEPTUALISING PUNISHMENT We will conclude this unit with considerations of the politics of crime and punishment. Differences are most obviously demonstrated in the shifts of the criminal justice policies. In the aftermath of WWII, the criminal justice system was focused on rehabilitation and social reintegration of the offender. David Garland refers to this ‘modernist’ approach as ‘penal welfarism.’ The rise of individualism, small government, social anxiety, insecurity and scepticism in the 1970s (e.g. would think 80s e.g. Thatcher, Reagan) shifted the focus of the criminal justice system to ‘law and order’. This involves avenging the victim and punishing the offender. Post-modern and other criminologists have responded with alternative approaches to sentencing and punishment, such as restorative justice and circle sentencing. These will be examined critically as well as considering recourse through international criminal justice system. The globalisation of crime and the character international law is gaining more importance. WEEK 9 IMPRISONMENT, DETENTION & COMMUNITY BASED CORRECTIONS TOPIC FOR DISCUSSION Carl Williams was murdered inside Victoria’s Barwon Prison in April 2010. Is a prisoner safe in the prison system? This question can be asked in the light of this case. The highest level of prison security was unable to avert what turned out to be a very traditional sort of prison crime, where a fellow inmate allegedly beat another prisoner to death. In the context of Australian colonial period, when convicts were transported from England, it can be argued that the transportation system was the punishment, and penal colonies where the prison. If the prisoner did not behave according to the social and criminal order, she/he could be sent for ‘secondary punishment’ in a place providing conditions for further isolation. We will consider from a critical perspective more contemporary community correction options. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Community-based corrections. Chapter 22: 507-526 15 Collaborative group presentation topic/s: A: What makes a prison safe, and why are some of them never safe? Discuss the social environment of contemporary and historical prisons, give examples and compare them. Why would some people prefer an historical instead of a contemporary prison and who is likely to ‘survive’ within the prison system, and who is not? B: Consider traditional and contemporary correction systems, what system is more appropriate for the individual, and the society? Who benefits from the different correction systems? Give examples when the legal system imposes punishment that is in conflict with community sentiments. Include examples and different situations when imprisonment or other deterrent methods of correction are/can or should be used. List the pros and cons to imprisonment for different types of crimes. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.8: Discuss age, gender, race (ethnic belonging) and class (social class) of people imprisoned in Australia: is there a typical profile of prisoner? Why? Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically WEEK 10 CRIME PREVENTION AND REDUCTION TOPIC FOR DISCUSSION Crime prevention is as old as crime itself. In all societies, people have tried to protect themselves and others from criminal assault and abuses. The very concept of property carries with it provisions and procedures for helping owners or custodians to safeguard what they see as theirs. In modern times, prevention strategies did not begin to emerge as a distinct policy theme in Western European democracies until the late 1970s. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Crime prevention and reduction, Chapter 23: 527-546 Collaborative group presentation topic/s: A: Discuss definitions and techniques around crime prevention. Compare, contrast, and give examples of environmental prevention, social prevention, and other forms of crime prevention and explore Australian practices and conditions. Give examples. Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.9: “Crime prevention is political”. Critically discuss this statement and explore how crime prevention may be “political” in all senses of the word. Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically MID SEMESTER BREAK 28 SEPTEMBER - 2 OCTOBER 2015 16 WEEK 11 VICTIMS AND CRIMINAL JUSTICE TOPIC FOR DISCUSSION Victims now play an expanded role within the Australian justice system. For many years, the very people most directly harmed by a crime were largely excluded from the criminal justice process. A feature of the adversarial system of criminal justice is that offenders are put to trial, not because of any harm that they have done to a victim, but because, in causing harm to another, they have broken the laws of the state. The trial is seen as a contest between the state as the prosecutor and the offender as the defendant. Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.) (2011) Victims and criminal justice. Chapter 24: 547-572 Collaborative group presentation topic/s: A: Discuss the victims’ role in different phases of the criminal justice system. Give examples and scenarios where the victims have a role in the sentencing and the rehabilitation of the offender. What are the likely impacts of victims having a role in the sentencing phase? Tutorial: Discussion of essay topics Assignment 4 (4.1-4.10): Each week you are required to read the set reading, one or two chapters. After each chapter, there is a list of questions. These questions are part of the discussion at the week’s tutorial, hence you are required to have read the chapter/s beforehand and be prepared to respond to and discuss the questions. SET QUESTION: ASSESSMENT TASK 4.10: What changes would you make in the criminal justice systems in Australia to stop secondary victimisation? Give examples. Submit the assignment through VU Collaborate and designated Dropbox. The assignment is due before the week’s Wednesday lecture, 15.00 (3pm). The submission date and time are recorded automatically WEEK 12 CONCLUSION CRIME IN AN INTERNATIONAL PERSPECTIVE TOPIC FOR DISCUSSION Until recently, crime was mainly viewed as a domestic problem; each country defined their criminality using domestic criminal law. Well into the 20th century, almost all crimes were local in nature and were committed by citizens or corporations of nation-states against fellow citizens or other entities of the same state. Today crimes are committed towards other countries. During the course of the 20th century, more than 100 million people died in armed conflicts. Many of those killed were not soldiers but unarmed civilians. Outside of armed conflicts, can the killing of innocent people be tolerated? Required weekly readings: M. Marmo, W. de Lint, and D. Palmer (eds.)(2011) Crimes across borders, Chapter 13: 275-302; and International crimes. Chapter 14: 303-326 Tutorial: Tutorial discussion of the two chapters & Discussion of essay topics 17 ASSESSMENT GENERAL ASSESSMENT SUBMISSION GUIDELINES FOR SOCIOLOGY & CRIMINAL JUSTICE UNITS Overview of Assessment Submission Guidelines for Sociology units: Cover sheet Please submit a cover sheet with all assignments (type your name instead of a signature for Turnitin submissions). Your own words: in doing this you are signing that it is all your own work and written in your own words. Plagiarised work will be referred to the school’s plagiarism committee, in line with school policy. You must keep a copy of your assessment for your own records. Turnitin You are required to submit all your assessment through the designated Dropbox and Turnitin (plagiarism assessment), on the unit’s VU Collaborate page. You are also required to submit a hardcopy, which is exactly, the same as the copy submitted to Turnitin. Extensions Should you have a reason for not being able to submit your essay on time, such as you are sick, please complete an extension form and discuss this with your lecturer or tutor. This must be completed on or before the due date. It is up to your lecturer whether they will grant extensions. Extensions are not granted for more than two weeks, unless accompanied by an Application for Special Consideration form. Late penalty Late assessment, after the due date or after the date an extension was granted, will incur a deduction of two per cent per day. Once you have lost 20% you will be marked on a pass/fail basis. The late penalty is deducted off the top of this mark. 18 UNIT ASSESSMENTS The assessment for this unit is as follows: Assessment Topic Due week Time & Word limit Per cent % 1 Media research essay Week 4: 14 August by 17.00. (14/08/15) 1,300 (+/-10%) words 25 2 Collaborative presentation and research report Presentation: Weeks 4-11 7-10 minutes presentation + 5 minutes tutorial discussion, 10 The written report is due the week after the presentation week Report: Weeks 5-12 Group report: 1,000 for the first group member and 750 words for each additional group member (+/-10%) 20 3 Final essay Week 13: 23 October by 17.00 (23/10/15) 1,900 (+/-10%) words 35 4 Ten (10) set discussion questions listed in the outline Weeks 211 Weeks 2-11 A short paragraph about 150-200 words, or use dot point answers, minimum 5 dot points per question 10 Submit your response before the Week’s lecture - Wednesday 15.00 (3.00pm) Total 100 Procedure for all assignment tasks: All assignment tasks should be submitted through VU Collaborate and the designated Dropbox and Turnitin for plagiarism assessment on the day or before the due date the date and time of your submission is automatically recorded. You are also required to submit a hardcopy, which is exactly the same as the copy submitted to Turnitin to be handed in at your tutor’s box in Building E Level 2 or in Box 5, Level 2, Building E. NOTE: All assignment tasks are pieces of formal academic writing. They require formal documentation of all sources, academic and non-academic, and a reference list giving full details of your sources at the end of the report or essay. Include 3 to 5 academic references, the unit textbook should always be the first source for research, but you also need to include research and sources beyond the textbook. Students who do not conform to the academic conventions of referencing and documenting their sources will have their work returned to them unmarked. The assessment tasks in this unit are individual and independent assignments, except for the collaborative presentation and research report. Working with other students constitutes collusion. Evidence of collusion will result in a mark of zero and disciplinary procedures may follow. 1. Media Research Essay, due Week 4: 14/08/14 25% This is an individual assignment. You need to view three YouTube clips: 1. Necessary Illusions Manufacturing Consent https://www.youtube.com/watch?v=OdGnGqVYOuI with Noam Chomsky - 2. Stuart Hall-Representation & The Media 3of4 - https://www.youtube.com/watch?v=UjVuE5Df_qA 3. Violent Racist Leb/Arab Gangs of Melbourne - https://www.youtube.com/watch?v=Ly4qk0FvEC0 19 When you have analysed these three clips, respond to the below four questions. You need to respond to all four questions: Question: 1) Stuart Hall claims that the media is one of the most powerful systems for the circulation of meaning. In your own words explain how the media creates identity claims and outline how and why these media images effectively influence public opinion. Question: 2) Stuart Hall claims that power and ideology attempt to fix the meaning of images and language in the media. Provide examples and explain how power and ideology is used to create and fix meaning in media images. Why does power try to naturalise and normalise meaning in the media? Question: 3) Noam Chomsky suggests that the media provides the public with necessary illusions and this manufactures consent. What does this mean? Chomsky also believes that the necessary illusions that manufacture consent are inconsistent with democracy. Do you agree or disagree? Question: 4) Is Melbourne a gangland city out of control? Using the video clip, ‘Violent Racist Leb/Arab Gangs of Melbourne?’ answer the following: Are stereotypes being used? If so, why are they being used? What remains absent? What is it that we are not shown and why is this absence important? What meaning is being naturalised in this media representation and what purpose does this serve? Assessment criteria ! Understanding of mass media crime reporting ! Identifying and analysing key words, their social and cultural context ! Drawing on contemporary sociological and criminology issues to develop your argument around how crime and crime reporting is presented ! Demonstrating ability to analyse mass media reporting above description ! Written structure, coherence and the use of the Harvard referencing system The media research essay of 1,300 words (+/-10) is due in Week 4, 14 August by 17.00. Submit the essay through VU Collaborate and the designated Dropbox, as well as in a hard copy. 2. Collaborative Presentation: Weeks 4-11 and Research report, due Weeks 5-12: 10+20= 30% Group assignment: This assignment is a collaborative presentation task, followed by a research report (one report per group). The topics are listed in this unit guide under each week’s section (Weeks 4-11, pages 1217). Students will choose presentation weeks in weeks 1 and 2. The presentation should demonstrate knowledge about the issue/s presented in the question and you should demonstrate that you have researched the topic, beyond the textbook, and be able to lead a tutorial discussion. Start your research with reading the essential text for the week. You will get help with suggestions in the chapter of the week for further readings. You need to demonstrate that you have researched the topic using different sources. The oral presentation should not be longer than 7-10 minutes followed by an at least 5 minutes of tutorial discussion. Each group needs to prepare 3-4 discussion questions to start the tutorial group discussion. The report should, where possible, reflect the discussions that took place in the tutorial group about the topic. The report is a collaborative work report, thus only one report from the group should be submitted through VU Collaborate and the designated Dropbox, as well as in a hard copy. The report is due one week after the presentation week. Assessment criteria ! ! ! ! ! Understanding of the critical references Demonstrate gained knowledge of further reading and ability to analyse issues Drawing on contemporary issues to develop argument, e.g. include relevant examples and case studies Presentation style in class, e.g. make it interesting an engaging to the tutorial group Written structure, coherence and referencing of report based on the Harvard referencing system Collaborate report word length: the minimum length of the report is 1,000 words (+/-10). Each additional group member needs to contribute with 750 words (ex. a report developed by 3 group members should be based on 2,500 words) (+/-10). 20 The report needs to follow the Report Structure model presented on page 22-23 in this Unit Guide. 3. Final Essay, due Week 13: 23/10/15 35% Individual assignment: The final assessment for the Criminal Justice System unit is an individual essay written around one or two topics that have been discussed during the semester. You will be given the essay topics later in the semester. You are required to complete an essay of 1,900 words. This final essay will give you an opportunity to reflect over the whole unit, and it will give you an opportune to assess different aspects of the Australian criminal justice system. Assessment Criteria: A satisfactory completion of assignment requires: ! Demonstrate understanding of the readings, the critical references and the theoretical concepts; ! Demonstrate the ability to apply sociological and criminology theory to questions around criminal justice systems and their application within the Australian society; ! Demonstrate the ability to analyse concepts and situations above description; ! Extend the application of the discipline of sociology to problems outside the classroom and into the community; and ! Demonstrate a written style and referencing following academic standard and the Harvard referencing system. Final essay: 1,900 words (+/-10), due Week 13: 23 October by 17.00, through VU Collaborate and the designated Dropbox, as well as in a hard copy. 4. Set Discussion Questions, due Weeks 2-11 10%. Individual assignment: Each week your essential reading is based on reading one or two chapters from Marmo, W. de Lint, and D. Palmer (eds.)(2011), Crime and Justice, A Guide to Criminology. Thomson Reuters, 4th ed. At the end of each chapter there is listed several discussion questions. For the weeks 2-11, one set question has been selected and listed in this unit guide. Respond to the question with a short paragraph (150-200 words) or in dot points, a minimum of five (5) points is required. Submit your response to the set discussion question through VU Collaborate and the designated Dropbox for the week (2-11), before each week’s lecture. The time and date is recorded automatically, late submissions will not be marked and no points will be given for late submissions. 21 STRUCTURING THE RESEARCH PAPER IN SOCIOLOGY FORMAL RESEARCH REPORT STRUCTURE The primary purposes for formal research are to: • find and understand raw data and information • enter the conversation, of other writers and scholars in your field • learn how others in your field use primary and secondary resources In an academic research assignment, you will take part in the scholarly conversation when you do write your research paper. The organisation of a research paper consists of these sections, in this order: OVERVIEW: Title: simple and clearly identify what the report is about Introduction: Introduce your topic and define or operationalize the major concepts you will use. Make it clear to the reader how you are using the major concepts, and always assume that the reader knows nothing about your topic. Theoretical orientation: Identify the theory you are using and briefly explain/develop the theory in one or two pages. Ideally, the theory section of the paper should be divided into two parts. The first part of the report, should articulate the basic components of the theory and be fully referenced. In the second part of the theory section, you should explain or demonstrate how the particular theory you selected is relevant to/compatible with the development of your topic. Main body of paper: Include subheadings to structure the writing, as it is easier to get an overview of the research and to avoid repeating the same issue. Each paragraph should focus on one issue and this issue pertained to your research should lead into the next paragraph. Conclusions: Include a summary of what has been discussed in the main body of the report. You should not just leave the end of the paper hanging. The summary briefly reviews the basis for the conclusions. The research paper flows from the general to the specific and back to the general in its organisation. • • • the introduction uses a general-to-specific movement in its organisation, establishing the thesis and setting the context for the conversation the methods and results sections are more detailed and specific, providing support for the generalisations made in the introduction. the discussion section moves toward an increasingly more general discussion of the subject leading to the conclusions and recommendations, which then generalise the conversation again. IN DETAIL THE TITLE The title should clearly inform the reader what the report is focusing on, the research area and any specific focus: In more detail: THE INTRODUCTION Many students find writing a structured introduction helps them to get started and to frame the focus of the writing. A clearly articulated focus significantly improves their entire paper. You are likely to rewrite the introduction when all the other parts are written, as the introduction is highly structured, you may actually write your introduction last, however, if you write a draft first it will help structure the rest of the report. 22 The introductions should have three parts: 1. Presentation of the problem or the research inquiry 2. Purpose and focus of the current paper 3. Summary or overview of the writer’s position or arguments A thoughtfully written introduction can provide a blueprint for the entire research paper. In the first part of the introduction, the presentation of the problem, or the research inquiry, state the problem or express it so that the question is implied. • • • Then, sketch the background on the problem and review the literature on it to give your readers a context to show them how your research inquiry fits into the conversation currently ongoing in your subject area. You may say why this problem has been a problem, why previous attempts have failed to solve it, or why you think this particular slant or angle to the problem is important. You can also mention what benefits are to be gained from solving this problem or exploring this topic from your perspective. In the second part of the introduction, state your purpose and focus. • Here, you may present your main points and what is your purpose with your research The third part, • • • Summarizes or give an overview of the paper, It briefly leads readers through the discussion and highlights why the issue is significant. It forecasts the main ideas that are discussed within this topic The introduction is usually written in present tense. THE METHODS SECTION [e.g. you present what research you undertook, what sources you have used, etc.] The methods section of your research paper should describe in detail what methodology and special materials, if any, you used in your research. In this unit, you have mostly studies case studies and research reports, which should be listed in the reference list. THE RESULT SECTION [what did you find when you read different sources; research reports ABS reports and journal articles, etc.] How you present the results of your research depends on what kind of research you did, your subject matter, and assignment requirements (so read them closely and re-read them as you go, they are a good grounding to what you need to do). Quantitative information: • • data that can be measured, can be presented systematically and economically in tables, charts, and graphs. include quantities and comparisons of sets of data. If you are unfamiliar with the conventions, you may find it challenging to present quantitative findings. You may include some commentary to explain to your reader what your findings are and how to read them. Qualitative information: • • • include brief descriptions, explanations, or instructions, the information can also be presented in prose tables. This kind of descriptive or explanatory information, however, is often presented in essay-like prose or even lists. use tables, charts, and graphs only when you are sure they will enlighten your readers rather than confuse them. In the accompanying explanation and your discussion, always refer to the graphic by number and explain what item/s you specifically are analysing. Give your graphic element a descriptive caption as well. The rule of thumb for presenting a graphic is first to introduce it by name, show it, and then interpret it. The result section is usually written in past tense. 23 THE DISCUSSION SECTION [e.g.– compare the different information you have gathered, what do they say, do all of them agree about the issue or are there different, conflicting understanding of the issue, etc.] Your discussion section should generalise on what you have learned from your research. One way to generalise is to explain the consequences or meaning of your results and then make your points that support and refer back to the statements you made in your introduction. Your discussion should be organised so that it relates directly to your research. Do not introduce new ideas or issues not directly related. This section, along with the introduction, is usually written in present tense. THE CONCLUSION [e.g. what are the main points that sum up what you have learnt and found in you research] In this section, you draw conclusions form your research and the literature. This section should include at least two paragraphs (about 150 words) Conclusions unify your research results and discussion and elaborate on their significance of your research. Your conclusion ties your research to your discussion, binding together all the main ideas in your thinking and writing. By presenting the logical outcome of your research and thinking, your conclusion answers your research inquiry for you and your readers. Your conclusions should relate directly to the ideas presented in your introduction section and not present any new ideas. The conclusion section is usually written in present tense. THE REFERENCE LIST Your research paper is not complete without your list of references. Documenting your research paper maintains academic integrity. Use the Harvard referencing system consistently throughout the report.