Page 1 of 1

Module Code - Title:

LA6141 - CRIMINAL JUSTICE PROCESSES AND SENTENCING (ONLINE)

Year Last Offered:

2023/4

Hours Per Week:

Lecture

2

Lab

0

Tutorial

0

Other

0

Private

13

Credits

9

Grading Type:

N

Prerequisite Modules:

Rationale and Purpose of the Module:

The aim of this module is to provide a detailed understanding of criminal justice processes and sentencing processes and to encourage students to question the place of human rights within the criminal justice system. By the end of the course students should be familiar with the various stages in the criminal justice and sentencing processes in Ireland, be aware of the strengths and weaknesses, appreciate how human rights should fit into that system and have knowledge of comparative criminal justice systems.

Syllabus:

This module will examine the various stages of the criminal justice and sentencing processes from arrest, to trial, to sentence and the various disposal mechanisms. These will be analysed through a framework of human rights to identify the strengths and weakness of the different stages, and assess the compatibility of the Irish system with human rights obligations. What human rights are involved in the criminal justice system? How are the rights of the accused and of the victim balanced within the system? What challenges does the system face in an increasingly diverse contemporary Ireland? How can deficits in human rights standards be addressed? Other jurisdictions will be looked to as comparators in efforts to answer these questions.

Learning Outcomes:

Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)

On successful completion of this module, students will be able to: - Demonstrate a knowledge of key features of criminal justice processes in Ireland. - Demonstrate an understanding of the international framework which governs human rights aspects to criminal justice processes. - Synthesise the relationship between the various stakeholders in fundamental rights discourse, that is accused, victim and state, and evaluate how these interests should be balanced. - Assess the requirements imposed by 21st century Ireland on the criminal justice system. - Compare and contrast the approaches taken in various legal systems to adapting human rights obligations in the domestic context. - Critically evaluate the extent to which the experiences and responses of other jurisdictions, as well as international human rights principles should influence Irish law.

Affective (Attitudes and Values)

On successful completion of this module, students will be able to: - Demonstrate an appreciation of changing values and sentiments in sentencing and criminal justice with a changing emphasis on criminal justice and sentencing - Demonstrate an appreciation of current criminal justice policies in terms of overarching trends and patterns (as it relates to accused, victims of crime, and criminal justice agencies) - Value the extent to which criminal justice policies are objective and value free in orientation.

Psychomotor (Physical Skills)

N/A

How the Module will be Taught and what will be the Learning Experiences of the Students:

This module will be delivered Online via Moodle, which involves instruction on the various theories to be studied, as well as active student discussion on each of these theories through the use of online e-tivities. Students will become more knowledgeable by engaging with a new perspective on knowledge and understanding of the criminal justice and sentencing processes process. Their knowledge will also be advanced through a critical engagement with the needs and concerns of victims of crime within the criminal system. Students will also become more articulate as they will be taught how to think about the criminal justice and sentencing processes in a new more nuanced manner. This will allow them to experience the value of alternative perspectives on a complex issues such as punishment and the appropriate treatment of victims of crime. Students will also become more adept at articulating and communicating their views on the criminal justice and sentencing processes both within the classroom context and beyond. Students will be expected to become proactive in engaging with the perspectives on principle of criminal justice and sentencing they are learning about and relate them to real-world examples within the criminal justice system in Ireland. This proactivity will be encouraged and fostered within the online discussion (e-tivities) and instruction offered in the online teaching and within the recommended reading for the module. Recent developments in criminal justice and sentencing are incorporated into the module through the recommended reading.

Research Findings Incorporated in to the Syllabus (If Relevant):

Prime Texts:

O'Malley, T. (2009) The Criminal Process , Round Hall
O'Malley, T. (2016) Sentencing Law and Practice , 3rd edn. Round Hall
Walsh, D. (2016) Walsh on Criminal Procedure , 2nd edn. Round Hall

Other Relevant Texts:

Programme(s) in which this Module is Offered:

MAHRCJTPA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MAHRCJTFA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MLHRCJTFA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MLHRCJTPA - HUMAN RIGHTS IN CRIMINAL JUSTICE
MLLAGETFA - (GENERAL)
MLLAGETPA - (GENERAL) P/T

Semester - Year to be First Offered:

Module Leader:

ger.coffey@ul.ie