Criminal Law 2 PDF - CJUS2201 - 2017/2021

THE COUNCIL OF COMMUNITY COLLEGES OF JAMAICA COURSE NAME: Criminal Law II COURSE CODE: CJUS2201 CREDITS: 3 CONTACT HOURS: 45 (45 hours theory) PRE-REQUISITE(S): Criminal Law I CO-REQUISITE(S):...

THE COUNCIL OF COMMUNITY COLLEGES OF JAMAICA COURSE NAME: Criminal Law II COURSE CODE: CJUS2201 CREDITS: 3 CONTACT HOURS: 45 (45 hours theory) PRE-REQUISITE(S): Criminal Law I CO-REQUISITE(S): None SEMESTER: COURSE DESCRIPTION: This course is an introduction to the history, theory and practice of criminal law and its application in the criminal justice process. This course is designed to give students a look at criminal law which is generally defined as a series of rules aimed at controlling misconduct in a given society. Additionally, the course will seek to clarify the thinking as to why a conviction is attached only to those to whom it should be attached - why a conviction sometimes attaches itself or not, to a particular accused. This course continues on concepts introduced in Criminal Law I and gives additional coverage to other areas of law in relation to criminal activities. COURSE OUTCOMES: At the end of this course, you should be able to: 1. judge whether criminal law fulfills its purpose of societal control 2. understand the elements of an offence and how they must be proved 3. know that some crimes can be committed without fault 4. appreciate the availability of defenses after the commission of a crime 5. apply the basic principles and concepts of criminal law 6. recognize the parties, responsibilities, basic resources and entities in the criminal justice system 7. use legal jargons CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14 UNIT I – Involuntary Manslaughter (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. analyze the circumstances where the actus reus of murder has been committed without the relevant mens rea 2. explain the two forms of involuntary manslaughter – unlawful act manslaughter and gross negligence manslaughter Content: 1. Introduction 2. Manslaughter by an unlawful act a. Actus reus b. Mens rea 3. Gross Negligence manslaughter UNIT II – Non-Fatal Offences against the Person (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. differentiate between assault and battery 2. explain the statutory offences of assault occasioning actual bodily harm, grievous bodily harm and wounding with intent/grievous bodily harm Content: 1. Introduction 2. Assault 3. Battery 4. Assault occasioning actual bodily harm 5. Wounding and Grievous Bodily Harm 6. Possessing anything with intent to commit an offence under the OAPA CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14 UNIT III – Sexual Offences: Rape, Grievous Sexual Offences and Marital Rape (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. use the sexual offences act, 2009 to define ‘rape’ and ‘grievous sexual assault’ 2. examine the ‘marital rape’ and the extent to which it has been abolished 3. critique the adequacy of sentencing in the context of rape Content: 1. Introduction 2. Actus reus a. The defendant b. The victim c. Sexual intercourse d. Absence of victim’s consent 3. Mens rea a. Burden of proof b. Only reasonable mistakes negative mens rea 4. Marital rape 5. Sentence UNIT IV – Larceny, Robbery and Burglary (8 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. distinguish between ‘larceny’, ‘robbery’ and ‘burglary 2. explain the Actus Reus and Mens Rea of larceny, robbery and burglary Content: 1. Larceny a. Actus reus b. Mens rea c. Sentence 2. Robbery a. Actus reus b. Mens rea c. Completion of the offence d. Sentence CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14  3. Burglary a. Actus reus b. Mens rea c. Aggravated burglary d. Sentence UNIT V – Inchoate or Incomplete Offences (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. explain how inchoate offences are committed 2. outline the relationship between incitement and the full offence Content: 1. Introduction 2. Attempt a. Actus reus b. Mens rea c. Offences which cannot be attempted d. Sentence 3. Conspiracy a. Statutory conspiracy b. Common law conspiracy 4. Assisting or encouraging a crime a. Actus reus b. Mens rea c. Defence d. Sentence UNIT VI – Principal Participants and Secondary Offenders (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. examine the various roles that people can play in the commission of a crime 2. assess the court’s willingness to impose criminal liability on a person involved in joint enterprise 3. explain the instances where a defense of ‘withdrawal’ is available CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14 Content: 1. Introduction 2. The principal offender, Innocent agents 3. Secondary parties a. Actus reus b. Mens rea c. Joint enterprise d. Liability of a secondary party for a different offence e. Strict liability offences f. Withdrawal g. Victims as secondary participants UNIT VII – Criminal Damage (3 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. examine the scope of the offence of damage to property 2. assess the defence of lawful excuse in the context of criminal damage Content: 1. Introduction 2. Actus reus 3. The defence of lawful excuse 4. Mens rea 5. Creating a dangerous situation and not dealing with it 6. Custody or control of property with intent to destroy or damage 7. Threats to destroy or damage property UNIT VIII – Defenses (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. examine special or partial defenses 2. analyze the general defenses that are available to a defendant CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14 Content: 1. Introduction 2. Complete and partial defences 3. General and specific defences 4. The burden of proof 5. Infancy 6. Insanity and the McNaughten Rules 7. Automatism a. Involuntary act b. External cause c. Self-induced automatism 8. Mistake a. Mistake and mens rea b. An honest mistake c. Mistake and other defences 9. Intoxication a. Absence of mens rea b. Specific and basic intent crimes c. Involuntary intoxication d. ‘Dutch Courage’ e. Intoxication and automatism f. Mistake and Intoxication 10. Self defence a. Public defence b. Self defence 11. Necessity for action a. Reasonable force b. Mistake as to the degree of force 12. Duress a. Duress by threats b. Two-part test c. Duress of circumstances 13. Necessity a. Necessity and murder b. Should there be a general defence of necessity CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14 METHODS OF DELIVERY: 1. Discussion 2. Lectures 3. Guest lectures 4. Interviews 5. Research 6. Observation 7. Presentations 8. Case studies 9. Problem solving 10. YouTube video presentation 11. Debates METHODS OF ASSESSMENT AND EVALUATION: 1. Course work 40% a. Case study and analysis b. Presentation/research 2. Final Examination (2 hours) – 60% a. Five (5) essay type questions to do any three (3) and b. One compulsory case study and analysis PRESCRIBED TEXTS: Ormerod, D. (2011) Smith and Hogan’s Criminal Law, (13th ed.) Oxford University Press:UK RECOMMENDED TEXTS: Finch, E. and Fafinski, S. (2013) Law Express: Criminal Law (Revision Guide) (4th ed), Pearson Education UK Samaha, J. (2014) Criminal Law (11th ed) Cenage Publishing, CT: USA Schmallager, F. (2014) Criminal Law Today (5th ed) Prentice Hall, NJ: USA ONLINE RESOURCES: Find Law http://criminal.findlaw.com/ Criminal Law Week – http://www.criminal-law.co.uk/ Journal of Criminal Law and Criminology CCCJ-OCD/A.Sc Criminal Justice Implementation Version: 2.1 Issue Date: 2017 September Last updated: 2021 September 14