Advanced Research for LLM Students

15 credits
Autumn & spring teaching, year 1

This is an intensive module taught in the first and second terms in blocks of two weeks and three weeks respectively, introducing you to the essential research, bibliographic, on-line and writing techniques which are required for study at this level and for the production of term papers, dissertations and other assessments.

Comparative Criminal Justice Systems

30 credits
Spring teaching, year 1

The intention of this module is to provide a critical introduction to the study of the major criminal justice systems of the world. It will build upon the analysis developed in the core modules in the first term and consider ways in which criminal justice can be examined and evaluated comparatively from a global perspective. This will be accomplished through a close contextual study of particular jurisdictions, both in their historical and contemporary development. You start with an analysis of the international growth of inquisitorial methodology, whether in continental European and Russian justice (especially under 20th century-totalitarianism) or in Chinese and Islamic justice. You move on to examine the development of adversarial due process around the world, from its origins in England and the US, through to its modern renaissance. The globally important tradition of popular justice, represented both in the western jury and in traditional or radical forms of participation in Africa, Asia and Latin America, will also be considered. We conclude by addressing the implications of comparative method for the reform process.

Dissertation (Criminal Law and Criminal Justice)

45 credits
Autumn & spring teaching, year 1

You design and carry out a project of research under individual supervision. You are encouraged to apply the theoretical and practical principles of research methodology which were addressed by the module "Advanced Research for LLM Students" in the production of your 15,000 word dissertation.

Hate Crime and Sexual Violence

30 credits
Spring teaching, year 1

This module will focus on issues relating to hate crime and sexual violence and the criminal justice system. The module starts by exploring the various conceptualisations of hate crime and how and why its definition has differed between jurisdictions. Focus is then given to the growing legislative responses to hate-motivated offences both in the UK and US. You will examine the extent to which the singling out of certain prejudiced motivations for enhanced sentencing (such as, racism, homophobia, anti-religion and disablism) can be justified. You then move on to explore the main criminological theories that have been put forward to explain the aetiology of hate crime. Attention is also give to research that has evidenced the often heightened levels of harm that such offences cause to both victims and minority communities more broadly. 

The second part of the module focuses on sexual violence. You examine the reforms made to the law and practice with regards to sexual assault and will consider remaining issues, highlighting attrition and problems of attitude. Some academics have argued that sexual violence should also be classified as hate crime. As such you will explore the arguments for and against the inclusion of sexual violence under the label of hate crime, noting both the impacts that inclusion/exclusion under the label may have on the state's responses to such crimes. You will also examine the use of alternative criminal justice measures for hate crime and sexual violence. Particular focus is given to the use of restorative justice and you will assess the potential benefits and pitfalls of using such an approach.

International and Transnational Offending

30 credits
Spring teaching, year 1

In order to assess the effectiveness of legal responses to offending that cross national boundaries, it is essential that you gain an insight into the phenomenon itself, rather than merely into the legal responses which we have examined in International and Transnational Offending. This module explores the nature and extent of both state and sub-state or individual offending. It includes such examples as the use of torture, war crimes, economic criminality, including illegal arms and drug dealing, corporate crime, computer and share frauds and organised crime and international crimes of violence.

Issues in Criminal Law and Criminal Justice

30 credits
Autumn teaching, year 1

This module will provide you with an introduction to key contemporary issues in criminal law and criminal justice, with a view to enabling you to understand the main challenges facing the English and Welsh criminal justice system at the present time. Topics will include issues which highlight the contemporary problems facing both substantive criminal law and the justice system, including: youth justice and the age of criminal responsibility; overcriminalisation for example by new `inchoate type' offences in response to the threat to security; the relationship between personal autonomy and the criminal law; the difficulties in securing convictions for certain types of offences such as sexual violence and child abuse; the impact of gender upon both the substantive criminal law and criminal justice; prison overcrowding; and access to justice. You will discuss these topics from an interdisciplinary perspective, placing them within the context of human rights, social and political developments.

Law and Social Theory

30 credits
Spring teaching, year 1

This module introduces you to a series of readings that explore the relationship between law and social theory. The objective is to reflect on how law can be understood as a social phenomenon, whose nature and functions are intimately connected to different stages of social, economic and political development. Beginning with a consideration of classical social theory (Marx, Durkheim, and Weber) and its analysis of the relationship between law and modern society, the module proceeds to analyse more recent works of social theory and to reflect on how these might help us to understand the contemporary workings and roles of law and legal institutions. Among the themes to be explored will be law and disciplinary society, and neoliberalism and the welfare state.

Restorative Justice: Domestic and International Approaches

30 credits
Spring teaching, year 1

This module will provide scope for you to explore contemporary restorative justice developments in the United Kingdom and internationally. The module starts by examining restorative justice theory and explores how its principles have been put into practice within the UK and in other countries. You will then examine the relationship between restorative justice and the state as well as the importance of the concept of "community" in assessing whether restorative practices can repair harm. You will also look at whether restorative justice can be used in "difficult" cases including domestic violence, hate crime, and even homicide. Finally, the module explores the use of restorative justice in countries where mass human rights violations have been committed - including genocide. Examples such as the Truth and Reconciliation Commission in South Africa and the Gacaca courts in Rwanda are just some of the examples of how restorative principles might be used to help repair the harms of the most serious of all crimes.

Understanding Criminal Law and Criminal Justice

30 credits
Autumn teaching, year 1

This module provides you with an opportunity to explore the different theoretical and analytical approaches which are necessary for the study of criminal law and criminal justice. At the same time you will be introduced to the contemporary debates surrounding crucial subjects such as the law on homicide, rape, mentally disordered offenders, child offenders, due process and the treatment of offenders. The module will demonstrate how different perspectives and different approaches to some of the crucial challenges facing criminal lawyers can inform and deepen your understanding of these questions. You will be encouraged to reflect on the different insights offered by, for example, Legal Positivist, Socio-Legal and Critical Legal and Feminist analysis of some of these problems in criminal law and justice. You will also assess the relevance of comparative, historiographical and empirical research to their work. These different approaches will be addressed through a close study and discussion of the leading texts in the area of criminal law and criminal justice.

Youth Justice

30 credits
Spring teaching, year 1

This module will examine how the law does and should respond to criminal and anti-social behaviour by children and young people. Given that much discussion of such behaviour tends to be extremely emotive and characterised by a rose-tinted view of the behaviour of previous generations of children, the module begins by reflecting upon the nature and extent of youth crime. Against the backdrop of contested constructions of childhood and children's rights it then explores the shifts in policy that have occurred in relation to offending by children. It examines how perceiving them as `children in trouble' to be helped or `young thugs' to be punished profoundly affects societal and legal responses. The increasingly tough approach taken by governments in recent years is scrutinised in the light of international instruments such as the Convention on the Rights of the Child and sustained criticism from international bodies.
The module goes on to examine the youth justice process, including pre-trial diversion and the sentencing of young offenders, including the increasing use of custody. 

The module then examines a range of issues of current concern, including the age of criminal responsibility, the introduction of civil punitive orders such as ASBOs, the extent to which the state should make parents take responsibility for the actions of their children, the relationship between the media and youth crime and dangerous young offenders.