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The Council of Community Colleges of Jamaica

2017

CCCJ

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law legal systems criminal justice sociology

Summary

This document is a syllabus for a course in Law and Society, offered by the Council of Community Colleges of Jamaica (CCCJ) in Fall 2017. It outlines the course description, course outcomes, and units of study which include topics such as legal systems, dispute resolution, and lawmaking processes as well as theoretical perspectives.

Full Transcript

THE COUNCIL OF COMMUNITY COLLEGES OF JAMAICA COURSE NAME: Law and Society COURSE CODE: CJUS1203 CREDITS: 3 CONTACT HOURS: 45 (45 hours theory) PRE-REQUISITE(S): None CO-REQUISITE(S): None SEME...

THE COUNCIL OF COMMUNITY COLLEGES OF JAMAICA COURSE NAME: Law and Society COURSE CODE: CJUS1203 CREDITS: 3 CONTACT HOURS: 45 (45 hours theory) PRE-REQUISITE(S): None CO-REQUISITE(S): None SEMESTER: COURSE DESCRIPTION: This course is designed to provide students with an understanding of the ongoing national and global changes in legal systems as a result of the dynamic nature of crimes in society. It will look at the trends in law enforcement and sentencing guidelines; changes in the legal landscape on drugs; current issues and controversies in the use and abuse of the death penalty; topical, social, and technological changes as causes of legal changes; a variety of new trends in alternative dispute resolution. It will prove to be a useful, informative and provocative discourse that will keep the study of law and society fascinating, challenging, appealing, and intellectually stimulating. COURSE OUTCOMES: At the end of this course, you should be able to: 1. understand legal concepts and theories and their impact on society 2. appreciate the process of law making and how the law is organized 3. demonstrate an understanding of law and social controls and dispute resolution 4. recognize law as an instrument of social change 5. understand the legal profession and how lawyers are disciplined CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 UNIT I – Introduction (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. analyze the meaning of ‘law’ and its impact on society 2. explain the types, roles, functions and dysfunctions of law 3. compare and contrast the paradigms of society Content: 1. Overview of the law and legal system 2. Definition of Law 3. Types of Law 4. Major Legal Systems around the world a. Romano-Germanic System b. Common-Law System c. Socialist Legal System d. Islamic Legal System 5. The primary functions of law a. Social Control b. Dispute resolution c. Social Change 6. Dysfunctions of the Law 7. Paradigms of Society a. The Consensus Perspective b. The Conflict Perspective 8. Options for Sociologists UNIT II – Theoretical Perspectives (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. appreciate the evolution of legal systems 2. compare and contrast the various intellectual movements in law 3. compare and contrast the theories of law and society Content: 1. Evolution of Legal Systems a. Traditional Legal Systems CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 b. Intermediary Legal Systems c. Contemporary Legal Systems 2. Current Intellectual Movements in Law a. Conflict and Marxist Approaches b. Critical Race Theory c. Critical Legal Studies Movement d. Feminist Legal Theory e. The Functionalist Approach 3. Theories of Law and Society a. The European Pioneers b. Classical Sociological Theorists c. Socio-legal Theorists d. Modern Law and Society Theorists UNIT III – Litigation and Law Making Bodies (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. illustrate the organization of the court and the flow of litigation 2. identify the participants in the legislative process 3. illustrate the legislative process 4. appreciate the various law enforcement agencies and how they are organised Content: 1. Courts a. Various disputes handled by the courts b. The structure of the Courts c. Participants in the litigation process 2. The course of Litigation a. Civil proceedings b. Criminal proceedings 3. Legislatures a. The Organization of Legislatures b. Participants in the Legislative process 4. Administrative Agencies a. The structure of administrative agencies b. The administrative process 5. Law enforcement agencies a. The Organization of Law Enforcement Agencies b. Police Discretion CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 UNIT IV – Lawmaking Process (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. appreciate the perspectives on lawmaking 2. evaluate judicial and administrative lawmaking 3. discuss the influences on the lawmaking process 4. identify the driving forces for law Content: 1. The law-making perspective 2. Legislation 3. Administrative Law-making a. Administrative Rulemaking b. Administrative Adjudication 4. Judge made laws a. Laws made by Precedents b. Laws made by the interpretation of Statutes c. The Interpretation of Constitutions 5. How the law-making process is influenced a. Interest Groups b. Public Opinion c. law-making and Social Science 6. Prerequisites for setting the law-making machinery in motion a. Voices outside of Academe b. Scholarly Diagnosis in action c. Public-Interest Group d. Protest Activities e. Social Movements f. The Media UNIT V – Law and Dispute Resolution (6 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. discuss methods of dispute resolution 2. appreciate the role of the court in dispute resolution CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 Content: 1. Method of Dispute Resolution a. Arbitration b. Conciliation c. Mediation 2. Prerequisites for the use of Court’s assistance in Dispute Resolution 3. Civil Procedure Rules and Dispute Resolution 4. Disputes between Individuals 5. Disputes between Individuals and Organizations 6. Disputes between Organizations UNIT VI – Law and Social Control (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. critique the formal and informal controls of crime 2. appreciate the various crimes without victims 3. discuss issues relating to white collar crimes 4. appreciate the importance of social control of dissent 5. evaluate the administrative law and social control Content: 1. ‘Norms and Mores’ as instruments of social control 2. Formal Social Controls a. Criminal Sanctions b. Death penalties and its controversies c. Non-custodial sanctions 3. Victimless crimes a. Drug Addiction b. Gambling c. Prostitution 4. White-Collar Crime 5. Social Control of Dissent 6. Administrative Law and Social Control a. Licensing b. Inspection c. Threat of Publicity CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 UNIT VII – Law and Social Change (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. examine the affinity between law and social change 2. evaluate social changes as causes of legal changes 3. discuss the advantages of law in creating social change 4. analyze the limitations of law in creating social change 5. explain factors that contribute to resistance to change Content: 1. The interrelationship between law and social change 2. The advantages of law in creating social change a. Positivism as an influence b. Naturalism as an influence c. Fear of punishment 3. Limitations of Law in Creating Social Change a. Law as a Policy Instrument b. Morality and Values 4. Resistance to Change a. Social Factors b. Psychological Factors c. Cultural Factors d. Economic Factors UNIT VIII – The Legal Profession (5 hours) Learner Outcomes: At the end of this unit, you will be able to: 1. examine the history and professionalization of lawyers 2. evaluate the evolution of the Jamaican Legal Profession 3. evaluate our contemporary legal profession and Continuing legal education 4. discuss roles and functions of the law schools and The Bar Association Content: 1. History of the legal profession 2. The Professionalization of Lawyers 3. The evolution of the Jamaican Legal Profession CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 4. The Profession Today 5. Sources of employment for lawyers: a. Government b. Private Practice c. Private Employment with other Attorneys d. Judiciary 6. The earning capacity of an Attorney 7. Visibility of the Lawyer 8. Legal Aid services 9. Law Schools and induction into the Profession 10. Admission of the Attorney to the Bar 11. Bar Association as agitators for reform 12. Canons of the Legal Profession CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0 METHODS OF DELIVERY: 1. Discussion 2. Lectures 3. Guest lectures 4. Interviews 5. Research 6. Observation 7. Presentations 8. Simulation 9. Case studies and analysis 10. Problem solving 11. Debates 12. Group/Individual project 13. Research METHODS OF ASSESSMENT AND EVALUATION: 1. Course works 40% a. Case study and analysis b. Presentation/research 2. Examination 60% (2 hours) One compulsory Case Study and Analysis, and five (5) essay type questions; choose any three (3). RECOMMENDED TEXTS: Barkan, S.E. (2009) Law and Society (1st ed.) Pearson Education, Inc. NJ: USA Vago, S. (2012). Law and Society, (10th ed.) Pearson Education, Inc. NJ: USA WEBSITES: Ebscohost Databases – http://ebscohost.com Springer e-books – http://springer.com CCCJ Implementation Date: September 2017 Associate of Science Degree: Criminal Justice Version: 2.0

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