MA/LLM Criminal Law Criminal Justice

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1 Birkbeck College School of Law MA/LLM Criminal Law Criminal Justice LADD059S7/1 Module title: Contemporary Issues in Criminal Justice Course Handbook Spring term Contemporary Issues In Criminal Justice Module guide 0

2 Index Main aims of the module.2 Learning and teaching.3 Staff 5 Venue and time 9 Seminar programme...10 Course Literature.11 Assessment..12 Assessment criteria..13 Deadlines for submission 16 Late submission 17 Contemporary Issues In Criminal Justice Module guide 1

3 Introduction MAIN AIMS OF THE MODULE: The main aims of the Contemporary Issues in Criminal Justice module are; to consider key contemporary issues and developments in Criminal Justice studies and practice. to introduce a range of theoretical and methodological perspectives to develop critical and reflexive skills to enhance communication skills These aims are pursued by way of a series of seminars that provide a series of case studies. They examine various aspects of contemporary criminal justice institutional landscape, policy and practice from a range of theoretical and methodological perspectives. The module does not pursue a first to last encounter study model of criminal justice. Nor does the module purport to be an exhaustive analysis of criminal justice issues and institutions nor does it seek to present all possible theoretical and methodological perspectives. In the span of one term any attempt to do so would not satisfy the needs of postgraduate study where the emphasis is on developing new deeper understanding and a skills set that will enable you to undertake more rigorous inquiries. The seminar topics up to reading week cover a range of wide range of longstanding themes substantive themes. The seminars that follow add new themes that highlight some contemporary developments, new controversies, as well as some enduring issues that continue to trouble policy makers, practitioners as well as researchers in the field. The seminar programme is designed not only to introduce students to a wide range of substantive issues but also to introduce a range of different theoretical and methodological frameworks though which to analyse criminal justice matters. Contemporary Issues In Criminal Justice Module guide 2

4 LEARNING AND TEACHING This module is delivered through a seminar. It is a mode of learning and teaching that places high demands on students. It is important that you are aware of what is expected of you in this situation. Failure to meet the expectations will work against developing your knowledge and skills. It will also work against achieving the goals you have set yourself. What is expected of you? As is appropriate for a postgraduate module you the student have to take a major role in the learning and teaching activity. It is expected that you will: Undertake the essential reading for each seminar Prepare for and attend seminars Participate in seminar discussions and exercises Work in a co-operative and supportive manner with fellow students on the course Advise the seminar tutor in advance via if you are not able to attend the seminar Complete the assessments and submit them in the appropriate manner on time One of the advantages of studying in this area is that the issues you are studying are high profile in the mass media. This makes the topics live and always relevant. Engaging with the news media is one way of making sure that you can constantly engage with the materials you are working with on this module. News media reports are not a substitute for the essential reading but the media can help to motivate your reading. Reading that is undertaken with a purpose is one way of promoting understanding. Formal face to face meetings with staff and other colleagues undertaking the module are only one part of the learning experience. Make the most of your colleagues, as they bring a vast Contemporary Issues In Criminal Justice Module guide 3

5 range of experiences and skills to the module. Informal conversations as well as more formal out of classroom activities can be invaluable as opportunities to learn. Contemporary Issues In Criminal Justice Module guide 4

6 Staff Course tutors: Mike Hough, Sarah Lamble, Leslie J Moran and Paul Turnbull Course Convenor: Professor Leslie J. Moran l.moran@bbk.ac.uk Tel: Course Administrator: Sam Tewkesbury s.tewkesbury@bbk.ac.uk Tel: Teaching staff biographical notes Mike Hough: Mike is Associate Director of the Institute of Criminal Policy Research (ICPR). He started his research career in the Home Office, and was a member of the team that started the British Crime Survey. Leaving in 1994, he set up an academic policy research centre. This was originally based at London South Bank University; it moved to King's College London in ICPR moved to Birkbeck in Mike Hough's current research interests include: procedural justice theory and public trust in justice; public perceptions of crime and justice; policing and police legitimacy; sentencing and sentencing guidelines; offender rehabilitation and desistance (and its evaluation). Mike is currently working on a large EU-funded project, FIDUCIA, looking at the best ways of controlling emerging forms of crime across Europe. He is also analysing the 'Trust in Justice' module in the 2010 European Social Survey testing a range of procedural justice hypotheses. Contemporary Issues In Criminal Justice Module guide 5

7 Sarah Lamble: Sarah is Assistant Dean with responsibility for Criminology in the School. Her research interests lie at the intersections of gender, sexuality and criminal justice; law, social movements and knowledge production; and cultures of violence, control and punishment. Taking a theoretically informed, yet empirically grounded approach to these topics, Sarah considers both the conceptual and material dimensions of social, political and epistemological change. At the heart of Sarah's research are questions about power, social change and political possibility. Sarah is currently working on two research projects: The first project, titled 'Queer Investments in Punishment', explores the changing relationship between sexual politics and the carceral state in Canada, the US and Britain. Tracing how particular streams of lesbian, gay, bisexual and transgender politics have become increasingly invested in state practices of policing, punishment and prisons, this research asks how and why sexual equality strategies have become intertwined with punitive law and order politics. The second project, titled 'Transformative Justice and Community Anti-Violence Initiatives', examines non-state, community-based accountability strategies for addressing gendered, racialised and sexualised violence. Documenting emerging forms of grassroots 'transformative justice' practices in the US, Canada and Britain, this research considers what these strategies offer as alternatives to punishment-centred justice. Paul Turnbull: Paul is one of the Co-Directors of ICPR and Associate Dean for Research in the School of Law. He has over 20 years' experience of researching criminal policy for a range of government departments and non-governmental organisations. In his early career he primarily conducted research on illicit drug use, drug using offender populations and the criminal justice system. More recently he has undertaken a range of projects looking at the quality and effectiveness of services within the criminal justice system and intervention targeted at offenders. Contemporary Issues In Criminal Justice Module guide 6

8 He is a member of the Advisory Council on the Misuse of Drugs working group on poly drug use and the EMCDDA working group on drug law enforcement. He currently leads a team conducting a national study considering the relative effectiveness of the juvenile secure estate for the Youth Justice Board as well as a study of EU drug markets and the national evaluation of the Offender Engagement Programme for the National Offender Management Service. Leslie J Moran Leslie is Director of the LLM/MA Criminal Law Criminal Justice programme and Convenor of this module. He has written and researched extensively on matters relating to sexuality, law and criminal justice and hate crime. His research on law and visual culture and the judiciary also explores interconnections with criminal justice. He has a keen interest in multidisciplinary and empirical legal research. His monograph, The Homosexual(ity) of Law (1996) is a pioneering historical and contemporary study of sexuality in criminal law and criminal justice contexts. He was a member of a multidisciplinary empirical study of violence and safety funded by the Economic and Social Research Council. The monograph, Sexuality and the Politics of Violence and Safety (2004) written with Beverley Skeggs is based upon that research. It examines individual, business, local government and criminal justice responses and initiatives to produce sustainable safer spaces in response to violence. To date it is the largest study of homophobic violence in the UK. Professor Moran has edited two collections of international scholarship in Law and Critique (2001) and Liverpool Law Review (2008). Other work in this field includes an empirical study of violence against transgender people in Sydney, Australia undertaken with Professor Andrew Sharpe, then of Macquarie University, Sydney and empirical work with the anti-violence charity GALOP. Count me in! was the report of a survey of experiences of homophobic violence in Bexley and Greenwich, two boroughs in South London, undertaken by Professor Moran with colleagues at GALOP. He is currently working with Gail Mason of the University of Sydney on an Australian Research Council grant- Contemporary Issues In Criminal Justice Module guide 7

9 funded project that involves an international comparative study of hate crime law reform. Contemporary Issues In Criminal Justice Module guide 8

10 Venue and Time: Venue: 43 Gordon Square 218 Time: Thursday at 6.00 to 7.30 pm Contemporary Issues In Criminal Justice Module guide 9

11 Contemporary Issues in Criminal Justice Seminar Programme Spring term Week beginning 4 th January 2016 There will be no class this week. Make sure you have collected the course materials pack. Prepare the readings for next week Seminar 1 Thursday 14 th January Seminar 2 Thursday 21st January Seminar 3 Thursday 28th January Seminar 4 Thursday 4 th February Seminar 5 8 th - 12th February Reading Week Seminar Tutor: Leslie Moran Topic: Introduction- Reading security Seminar Tutor: Leslie Moran Topic: Contemporary debates on Criminal Justice processes and institutions Seminar Tutor: Sarah Lamble Postmodern Penality? Punishment Old and New Seminar Tutor: Mike Hough ICPR Birkbeck Trust in justice, legitimacy and compliance with the law. Seminar 6 Thursday 18th February Seminar 7 Thursday 25th February Seminar 8 Thursday 3 rd March Seminar 9 Thursday 10th March Seminar 10 Thursday 17 th March Seminar Tutor: Leslie Moran Topic: Recognition, Diversity and Cosmopolitanism in Criminal Justice Seminar Tutor: Leslie Moran Topic: The emotional dimensions of Criminal Justice Seminar Tutor: Leslie Moran Topic: The architecture and experience of criminal justice Seminar Tutor: Leslie Moran Topic: Court and police communications initiatives and relations with the media Seminar Tutor: Paul Turnbull Topic: Youth Justice Contemporary Issues In Criminal Justice Module guide 10

12 COURSE LITERATURE There is no set text for this module. There are a number of text books dedicated to Criminal Justice. These can provide a basic introduction to criminal justice issues. While some of the topics covered in those textbooks are addressed in this programme the purpose is not to mirror text book studies. The course literature draws mainly from scholarly research published in academic journals and policy materials. Details of the seminars, essential reading material and details of further reading are to be found in the Course Seminar and Readings Pack. This handbook should be used in conjunction with that readings pack. The pack contains some of the readings and where core readings are not included these will be available electronically either from the Birkbeck library or via the College digital learning environment known as Moodle. Contemporary Issues In Criminal Justice Module guide 11

13 ASSESSMENT Assessment is by means of 4,000 word essay. The word limit does not include footnotes or bibliography. BUT this should not be used to displace your key arguments into the footnotes. Key arguments must be developed in the body of the essay. Assessment titles: 1. The logic of pre-crime is an important challenge to Garland s analysis of strategies of crime control. Discuss. 2. The call to take the emotions seriously does draw attention to important aspects of criminal justice but it is difficult to translate the insights offered into practical projects of criminal justice reform. Critically evaluate this observation using examples drawn from the subjects studied in this module. 3. To what extent is contemporary criminal justice policy in the UK experiencing a 'punitive turn'? Critically discuss with respect to women s imprisonment. 4. How persuasive is the procedural justice thesis that fair and respectful treatment will secure compliance with the law? Is there an inherent paradox in offering an instrumental justification for decency in justice? 5. We are currently being exhorted by the coalition government to propose ideas to reduce wasteful public expenditure. Let us start here, by reducing the inappropriate use of custody, and stop this waste of public money and children's lives (Norman Tutt 2010). Discuss this statement and assess the benefits and dangers of imprisoning juvenile offenders. 6. The architecture of criminal justice institutions provides a unique insight into the key values that shape the experience of criminal justice. Critically evaluate this observation. 7. Criminal justice agencies are rapidly moving towards a situation where they are no longer reliant on the established media for getting their message out. This is leading to a dangerous situation in which media has lost its capacity to scrutinise the work of those agencies. Discuss with reference to either police communications in general or the impact of social media on police communications with the public. Contemporary Issues In Criminal Justice Module guide 12

14 Assessment Criteria The coursework will be marked by two examiners from within the School of Law and will be reviewed by an external examiner. In examining the coursework we use the following grid to give you feedback. This grid gives you an insight into the criteria used in the evaluation of the coursework: Structure Good organisation of material relevance. Substantive Material Accurate analysis of material, adequate and accurate citations. Written Style Shows originality/imagination. Good development of arguments. Research Demonstrates originality of research, good use of resources Presentation Well presented, easy to read, good layout. FEEDBACK Distinction Credit Pass Fail Structure Poor organisation of materials. Lacks relevance, poor introduction or conclusion Substantive Material Inaccurate analysis of material, inadequate or inaccurate citations. Written Style Lacks originality/imagination. Predictable superficial/rambling, lacks coherence. Research No demonstration of own research poor use of resources. Presentation Difficult to read, poorly presented. This grid helps the examiner to identify and draw attention to different aspects of your work. It also gives you a snapshot of strengths and weaknesses in your work. You should use it to identify them and use it to guide your efforts to improve your overall performance on the course. The following seeks to give some insight into the marking distinctions. The comments are for guidance. They do not purport to be an exhaustive statement of what makes for a paper marked within each of the bands. The comments are indicative only Fail (under 50%): Common characteristics that lead to a fail. (NB the list under each heading does not suggest any particular order Structure: no clear structure, lacks a strong opening paragraph setting out the aim of the coursework, poor connections made between stages of the argument, no conclusion, rambling/stream of consciousness Substantive: question misunderstood, little information or data, little evidence of critical evaluation, weak application of materials to the designated problem, weak analysis, misunderstanding the argument, failure to identify key authors or texts in an area, little research Contemporary Issues In Criminal Justice Module guide 13

15 Style: quotes from other people but no argument, a cut and paste approach, no bibliography Research: little or no evidence of literature review, no evidence of going beyond text book,, Presentation: lots of spelling errors, poor sentence construction, quotes don t make sense, poor/inconsistent footnoting, poor paragraph structure either long convoluted one sentence paragraphs or short one sentence paragraphs as you would find in newspapers like The Sun. Pass. The pass mark is 50%. Common characteristics that lead to a pass Structure: poorly signposted structure, short opening paragraph limited information about the aims of the coursework, limited effort to make clear the connections between stages of the argument, short unhelpful conclusion, Substantive: basic information or data, little or no critical evaluation, lacking application of materials to the designated problem, analysis needs further development, limited to the core argument, small number of authors or texts in an area identified, weak research Style: poor use of quotes, limited bibliography, lacks an argument, rambling with poor focus and direction Research: limited literature review, some evidence of going beyond the basic text books, Presentation: few spelling errors, gets the argument across in a good manner, quotes work, key sources footnoted, paragraph structure helps to sustain the argument Credit: 60-70% Common characteristics that lead to a credit Structure: clear structure, good progression of the argument, strong opening paragraph setting out the aim of the coursework and a clear indication of how the argument will progress, good connections made between stages of the argument, clear conclusion Substantive: answer clearly focuses upon key issues, well researched information or data, clear evidence of critical evaluation, clear and concise application of materials to the designated problem, well developed analysis, demonstrates clear and strong understanding of the argument, identification of key authors and texts in an area, clear evidence of understanding wider research context Style: well focused use of quotes clear evidence of an argument, extensive bibliography Research: wide literature review, parameters of the debate clearly explored Presentation: evidence of good proof reading, no minor errors, clear and well crafted sentences, consistent footnoting, argument flows well by way of good paragraph structure. Distinction 70% plus Common characteristics that lead to a distinction Contemporary Issues In Criminal Justice Module guide 14

16 Structure: clear structure, strong opening paragraph setting out the aim of the coursework and a clear indication of how the argument will progress, strong connections made between stages of the argument, clear and concise elaboration of issues, relevance of quotes signaled, strong conclusion, focused argument Substantive: pinpoint wide range of key issues, identify key ideas and scholars, incisive application to the problem at hand, targeted critical evaluation, excellent analysis, rigorous focused research, insight, rigorous application of materials to the problem Style: clear and precise use of quotes to develop argument, brevity and precision in use of literature and argument, a wide ranging and well focused bibliography Research: strong evidence of literature review, key primary sources, clear evidence of focused research programme. Presentation: no spelling or grammar errors, good proof reading, clear argument by good sentence construction, structure of paragraphs is clear and effective, consistent use of style and footnoting, bibliography well presented. Contemporary Issues In Criminal Justice Module guide 15

17 Deadlines and handing in procedure Essay Deadline: See the programme handbook for the date. PROCEDURE FOR THE SUBMISSION OF COURSEWORK See programme handbook for the submission process The front page of your coursework must contain the following information: 1. Your student reference number 2. Title of the coursework 3. Word length Contemporary Issues In Criminal Justice Module guide 16

18 LATE SUBMISSION OF COURSEWORK See Pages of the LLM/MA Criminal Law and Criminal Justice Programme Handbook. If you do not have a copy you can access this via the Law School website: Contemporary Issues In Criminal Justice Module guide 17