Overview
This unit introduces you to the investigation of crime within the framework of Australian law. The social role of policing and the structure of police services are examined in depth, particularly in the context of ethics and oversight mechanisms. The historical transformations of police services are explored in order to understand the evolving nature of policing as social demands and relevant technologies also change. The scope of the power of investigation, the discretion whether or not to prosecute and the criminal adjudicatory process are considered. This unit also introduces the tools used to analyse crime and how such analysis informs decisions and interventions in the criminal justice system.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2019
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure – International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback – Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
- Analyse police organisations and practice in order to critique how the law governs the procedures for investigation of crime
- Explain how the criminal law balances the rights of the individual and the State
- Discuss the links between criminal theories and models of criminal analysis
- Identify patterns in criminal data and the appropriate response for crime prevention.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 30% | ||||
| 2 - Written Assessment - 40% | ||||
| 3 - Written Assessment - 30% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 30% | ||||||||||
| 2 - Written Assessment - 40% | ||||||||||
| 3 - Written Assessment - 30% | ||||||||||
Textbooks
There are no required textbooks.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: American Psychological Association 6th Edition (APA 6th edition)
For further information, see the Assessment Tasks.
a.ferguson@cqu.edu.au
Module/Topic
Course overview Historical aspects of policing and courts Role of police
Historical aspects of Policing in Australia Military Police Indigenous police
Australian Court Military courtsChapter
Queensland Government, (1897) ANNO SEXAGESIMO PRIMO VICTORIAE REGIAE No[17], Queensland Government Founding Documents, Brisbane.
https://www.foundingdocs.gov.au/resources/transcripts/qld5_doc_1897.pdf
Richards J. (2010) Native Police, Queensland Historical Atlas,Brisbane
Events and Submissions/Topic
Court report questions will be posted Friday 5pm
Module/Topic
Police Powers(1) why and how is police power regulated?
Technological advances
search, seizure and arrest powers, discretionary powers
Chapter
Ariel B, Farrar W A, Sutherland A.,(2015) The Effect of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Police: A Randomized Controlled Trial, Journal of Quantitative Criminology,Vol31,pp 509-535,Springer Publication ,New York.
https://link.springer.com/content/pdf/10.1007%2Fs10940-014-9236-3.pdf
Paterson C.(2011) Adding value? A review of the international literature on the role of higher education in police training and education, Police Practice and Research, Vol12:4, pp286-297, Routledge Publishing, Abingdon-on-Thames
https://www.tandfonline.com/doi/pdf/10.1080/15614263.2011.563969?needAccess=true
Stenning P(2000)Powers and Accountability of Private Police, European Journal on Criminal Policy and Research Vol8, pp325–352,Springer Publication, New York.
https://link.springer.com/content/pdf/10.1023%2FA%3A1008729129953.pdf
Events and Submissions/Topic
Module/Topic
Police powers(2) detention and questioning powers
discretionary powers right to silence and privilege against self-incrimination confessions as evidence
Chapter
Farmer C(2017) Upholding whose right? Discretionary police powers to punish, collective ‘pre-victimisation’ and the dilution of individual rights, Australian and New Zealand Journal of Criminology,Vol 5: 4 pp 493–509,Sage Publications, California.
https://journals.sagepub.com/doi/pdf/10.1177/0004865816660351
McElhone M (2017) Now They're Extraordinary Powers: Firearms Prohibition Orders and Warrantless Search Powers in New South Wales, Current Issues in Criminal Justice, Sydney Institute of Criminology Vol 28 pp329-338, Sydney Institute of Criminology, Sydney.
https://heinonline.org/HOL/Page?handle=hein.journals/cicj28&id=357&collection=journals&index=
Walsh T.,Taylor M.,(2007)You're Not Welcome Here: Police Move-on Powers and Discrimination Law, University New South Wales Law Journal, Vol 30:1,pp151-173, University NSW,Sydney.
https://heinonline.org/HOL/Page?handle=hein.journals/swales30&id=161&collection=journals&index=
Wang J J, Weatherburn D(2018) Are police cautions a soft option? Reoffending among juveniles cautioned or referred to court, Australian and New Zealand Journal of Criminology, Sage Publications, Sydney.
https://journals.sagepub.com/doi/pdf/10.1177/0004865818794235
Events and Submissions/Topic
Formative Assessment online opens Friday 5pm
This online quiz will consist of 10 fixed response/ short answer questions drawn from weeks 1-3 which will enable students to self-assess their learning by identifying strengths and weaknesses
Module/Topic
Police Accountability police misconduct and corruption use of excessive force police accountability Crime and Corruption Commission (CCC)
Royal Commissions
Chapter
Chan J (1999) Governing police practice: limits of the new accountability, The British Journal of Sociology Vol 50 :2, pp251-270 , Wiley Publishing, United Kingdom
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-4446.1999.00251.x
Levenson L(2001)Police Corruption and new models of reform, Suffolk University Law Review, V35:1pp1-46, Suffolk University Press, Suffolk.
Porter L, Warrender C(2009) A multivariate model of police deviance: examining the nature of corruption, crime and misconduct, Policing & Society Vol. 19:1pp79-99,Routledge Publications, New South Wales.
https://www.tandfonline.com/doi/pdf/10.1080/10439460802457719?needAccess=true
Events and Submissions/Topic
Formative assessment closes Monday 8am
Academic Essay will be posted Monday 9am
Module/Topic
Understanding Criminal Offences classification of offences elements of an offence criminal responsibility
Chapter
Loughnan A(2010) DRINK SPIKING AND ROCK THROWING The creation and construction of criminal offences in the current era, Alternative Law Journal,Vol 35:1,pp18-21
https://journals.sagepub.com/doi/pdf/10.1177/1037969X1003500104
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
The Criminal Trial prosecution, defence, and judicial roles at trial
legal representation and legal aid summary trials jury trials
what is a fair trial?
Chapter
Anleu S, Mack K.,(2005) Magistrates' Everyday Work and Emotional Labour, Journal of Law and Society Vol 32:4 pp590-614. Blackwell Publishing Ltd, Oxford.
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1467-6478.2005.00339.x
Colvin E.(2017) Bail Justices in Victoria: Perceptions and Experiences, Current Issues In Criminal Justice Vol 29 pp123-136, Sydney Institute of Criminology, Sydney
https://heinonline.org/HOL/Page?handle=hein.journals/cicj29&id=137&collection=journals&index=
Langford I.,(2009) Fair Trial: The History of an Idea, Journal of Human Rights, Vol 8 pp37–52
https://www.tandfonline.com/doi/pdf/10.1080/14754830902765857
Paterson H M, van Golde C, Devery C, Cowdery N, Kemp R., (2018) iWitnessed: Capturing Contemporaneous Accounts to Enhance Witness Evidence, Contemporary Issues in Criminal Justice Vol 30 pp273-282, Sage Publishing, California.
https://heinonline.org/HOL/Page?handle=hein.journals/cicj29&id=295&collection=journals&index=
Events and Submissions/Topic
Module/Topic
Defences Legal defences and criminal responsibility Types of defences including self-defence, provocation and intoxication
Domestic violence and self-defence
Chapter
Jones E E, Bandy A D Palmer P G Jr. (2018): “I Did It, But Not Like That”: Effects of Factually Incorrect Confessions on Juror Judgments, Psychiatry, Psychology and Law, Routledge, London.DOI: 10.1080/13218719.2018.1519467 https://www.tandfonline.com/doi/pdf/10.1080/13218719.2018.1519467?needAccess=true
O'Donovan K (1991), Defences for Battered Women Who Kill, Justice law and Society Vol18: 2,pp 219-240, Heinonline.
Events and Submissions/Topic
Written assessment( set question) due Monday 9am
Written academic essay Due: Week 7 Monday (29 Apr 2019) 9:00 am AEST
Module/Topic
Sentencing aims and objectives of sentencing, sentencing hearingsfactors relevant to sentencing problems and new directions in sentencing
Chapter
Cale J.Burton M,(2018)Factors Associated with Breaches of Home Detention and Returns to Custody Post-Home Detention in South Australia, Current Issues Criminal Justice Vol 30 pp35 -56, Sydney Institute of Criminology, Sydney.
https://heinonline.org/HOL/Page?handle=hein.journals/cicj30&id=41&collection=journals&index=
Kornhauser R,(2018) The effectiveness of Australia’s drug courts, Australian & New Zealand Journal of Criminology Vol 51:1 pp76-98,Sage Publications California.
https://journals.sagepub.com/doi/pdf/10.1177/0004865816673412
Thorburn H, Weatherburn D(2018) Effect of Indigenous status on sentence outcomes for serious assault offences, Australian & New Zealand Journal of Criminology Vol 51:3 pp 434–453, Sage Publications, California.
https://journals.sagepub.com/doi/pdf/10.1177/0004865817748179
Events and Submissions/Topic
Module/Topic
Appealing Court Decisions What is an appeal? Appeals against conviction Appeals against sentence Miscarriage of justice not remedied by appeals
Chapter
Atkins B M (1991) Party Capability Theory as an Explanation for Intervention Behavior in the English Court of Appeal, American Journal of Political Science, Vol. 35: 4 pp. 881-903, Midwest Political Science Association, Bloomington
https://www.jstor.org/stable/pdf/2111498.pdf?refreqid=excelsior%3Accb5f7d2296bf5d2f3223fb063d89482
Corns C.(2017) Leave to Appeal in Criminal Cases: The Victorian Model, Current Issues in Criminal Justice, Vol 29 pp39-56. Sydney Institute of Criminology, Sydney.
https://heinonline.org/HOL/Page?handle=hein.journals/cicj29&id=45&collection=journals&index=#
Songer D R,Sheehan R S (1992) Who Wins on Appeal? Upperdogs and Underdogs in the United States Courts of Appeals, American Journal of Political Science, Vol. 36:1 pp. 235-258, Midwest Political Science Association, Bloomington.
https://www.jstor.org/stable/pdf/2111431.pdf?refreqid=excelsior%3Aad896a51844a3997381ae82cf07b967d
Events and Submissions/Topic
Module/Topic
Justice and Injustice doing justice: who is targeted by criminal law and who is neglected? over-policing and under-policing victims
Chapter
Dias A.,(2108) Sri Lankan man cleared of terror charges slams AFP investigation as 'immature, unprofessional, irresponsible, ABC News, Sydney.
Hoel A.,(2008) Compensation for wrongful conviction, TRENDS & ISSUES in crime and criminal justice No 356,Australian Institute of Criminology, Canberra.
https://aic.gov.au/publications/tandi/tandi356
Langdon J,Wilson P.,(2005) When Justice Fails, A follow-up examination of serious criminal cases since 1985,Current Issues in Criminal Justice Vol17: 2, pp179-202 University of South australia, Adelaide.(NB additional page updates)
http://www.austlii.edu.au/au/journals/CICrimJust/2005/26.pdf
Methven E, Carter D.,(2016) Serious Crime Prevention Orders, Current Issues in Criminal Justice Vol28 pp227-238, Sydney Institute of Criminology, Sydney
https://heinonline.org/HOL/Page?handle=hein.journals/cicj28&id=245&collection=journals&index=#
Events and Submissions/Topic
Module/Topic
Penology what is deterrence, recidivism, rehab, dangerousness
Chapter
The Howard League(2007) The Principles and Limits of the Penal System, Commission on English Prisons Today, The Howard League, London
Bargen J.,(2010)Embedding Diversion and Limiting the Use of Bail in NSW: A Consideration of the Issues Related to Achieving and Embedding Diversion into Juvenile Justice Practice, Current Issues in Criminal Justice Vol 21:3, University of Sydney Law School, Sydney.
http://www.austlii.edu.au/au/journals/CICrimJust/2010/8.pdf
Jewkes Y (2018)Just design: Healthy prisons and the architecture of hope, Australian & New Zealand Journal of Criminology Vol51:3 pp 319–338, Sage Publications, California.
https://journals.sagepub.com/doi/pdf/10.1177/0004865818766768
Liebling A, Ludlow A.,(2017) Privatising public prisons: Penality, law and practice, Australian & New Zealand Journal of Criminology Vol50:4 pp 473–492, Sage Publications, California.
https://journals.sagepub.com/doi/pdf/10.1177/0004865816671380
Liu L, Chui W H(2018) Chinese culture and its influence on female prisoner behavior in the prisoner–guard relationship, Australian & New Zealand Journal of Criminology ,Vol 51:1 pp 117–134, Sage Publications, California.
https://journals.sagepub.com/doi/pdf/10.1177/0004865816679685
Suzuki M, Wood W R (2017)Restorative Justice Conferencing as a Holistic Process: Convenor Perspectives, Current Issues In Criminal Justice ,Vol 28 pp277-292 University of Sydney Law School, Sydney.
https://heinonline.org/HOL/Page?handle=hein.journals/cicj28&id=305&collection=journals&index=#
Events and Submissions/Topic
Take home exam released Friday 5pm
Module/Topic
Revision
Chapter
Events and Submissions/Topic
Take Home exam due Friday 5pm
Take Home Exam Due: Week 12 Monday (3 June 2019) 9:00 am AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Court Report due Monday 5pm
1 Written Assessment
Students You will be required to attend a court session in your region. It can be any level of court however your answers must relate to a criminal matter
Questions will be posted on the unit website in week 1.
The court report will be 1500 words and consist of a number of specific questions which students will have to answer/address.
You must address all sections of the questions. All questions are weighted equally.
This report has two parts.
In Part A (Questions 1 to 5), you are asked to explain or describe some key concepts that are important to your understanding of criminal court processes. In Part B (Questions 6 to2), you are asked to describe and reflect on the criminal court hearing that you observed.
Review/Exam Week Monday (10 June 2019) 5:00 pm AEST
Exam Week Friday (21 June 2019)
Understanding of trial process and criminal proceedings
Reflection on experience of court observation
Integration of concepts and materials from coursework
Professional presentation
- Analyse police organisations and practice in order to critique how the law governs the procedures for investigation of crime
- Explain how the criminal law balances the rights of the individual and the State
- Discuss the links between criminal theories and models of criminal analysis
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
2 Written Assessment
Students will be required to write a 2000 word(+/- 10%) academic essay on a topic which will be drawn from weeks 3-7 material.
Week 7 Monday (29 Apr 2019) 9:00 am AEST
Week 9 Monday (13 May 2019)
Application of coursework concepts and theories
Understanding of the purpose and framework of the criminal justice system
Research skills
Professional presentation
- Identify patterns in criminal data and the appropriate response for crime prevention.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
3 Written Assessment
Students will be provided with a Take Home exam consisting of four questions.
Students must answer three of the four question questions provided.
Word Count is 500 words per question(+/- 10%) for a total of 1500 words(+/- 10%)
Week 12 Monday (3 June 2019) 9:00 am AEST
Exam Week Friday (21 June 2019)
Application of concepts and theories from coursework
Problem solving and methodology
Analysis of issues relevant to the criminal justice system
Professional presentation
No submission method provided.
- Analyse police organisations and practice in order to critique how the law governs the procedures for investigation of crime
- Explain how the criminal law balances the rights of the individual and the State
- Discuss the links between criminal theories and models of criminal analysis
- Identify patterns in criminal data and the appropriate response for crime prevention.
- Communication
- Problem Solving
- Critical Thinking
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
