module specification

The relationship between the criminal justice system and human rights is well established. The processes and legal framework highlight the protection afforded to suspects and offenders both within the context of criminal procedural rules and established human rights principles.

Students taking this module will examine the relationship between the two aspects and the challenges of finding the balance between the protection of society from crime; and the protection of the human rights of the suspects and perpetrators and the right to a fair trial. The module will provide a critical review of a range of criminal procedural aspects in relation to key human rights concepts including arrest powers, right to freedom from torture and inhuman and degrading treatment, false imprisonment and qualified rights.

Contemporary topics reflecting current issues in the criminal justice system and human rights such as the Police and Crime Bill will be discussed.

MODULE AIMS

On successful completion of this module, you will be able to:

• appreciate the connection between the criminal justice system and human rights;
• understand the framework of Law of the European Union and international law as it relates to human rights;
• critically analyse the scope and nature of social inequalities within the justice system;
• understand the challenges of implementation and enforcement
• have the opportunity to apply knowledge through a series of practical exercises;
• critically analyses the scope of human rights within the wider political and socio-economic context;
• awareness of contemporary issues relating to human rights and the criminal justice system;
• develop your ability to construct legal arguments.

No pre-requisites. Not available for Study Abroad.

Introduction

• Overview of criminology principles, historical contextual development of human rights in Europe

Aspects of the criminal justice system and human rights

• Police powers – stop and search, arrest powers
• Bail applications
• Judiciary – court process
• Abuse of process
• Corrections and penal policy
• Miscarriage of justice
• Right to freedom from torture and inhuman and degrading treatment, false imprisonment and qualified rights
• Human rights and qualified rights
• Mental health and criminal justice
• Terrorism offences, detention and sentencing

Comparative review of social inequality issues and the impact of human rights

• Implementation and enforcement of human rights
• Death penalty

Contemporary and topical issues in human rights and the criminal justice

Overview

Students will be taught by a combination of online lectures, interactive online seminars, one-to-one supervision, and self-study of a comprehensive module, with students encouraged to read from specified case law and legal journals. Students will be given the opportunity to discuss theoretical issues as well as practical problem solving.  Students will be supported in undertaking on-line research using electronic law databases and encouraged to use on line legal resources on a regular basis. There is a virtual learning environment containing handbooks, lecture notes, weblinks, discussion groups, study skills materials and assessment criteria. 

Experiential Learning

Students will be encouraged to respond to realistic case-studies relating to the sector, giving written legal opinions to clients in the style of a professional legal advisor. Students will also be able to participate in the extracurricular experiential learning offered within the Law School, including the Pro Bono Clinic and the Mooting Club.

Study Support

Students will have regular access to module tutors by email and by one-to-one video conferences to support their studies. They will also engage with one formative assessment for each module, which will be marked promptly with opportunities for feedback either by email or individual online discussion.

On successful completion of the module, you will be able to do the following:

1. Understand the historical context for the evolution of the criminal justice system
2. Comprehend and manage a substantial body of legal knowledge focused on human rights.
3. Demonstrate a critical understanding of the approaches to human rights law in Europe and the factors influencing implementation and enforcement using contemporary case studies.
4. Research and manage legal information from paper and IT resources and present competent legal arguments in writing.
5. Synthesise relevant case law and statute, understand and present conflicting arguments and apply the law to problem scenarios relevant to all aspects of public international and human rights law.

The module adopts the assessment strategy principles of GSBL which have been developed in the spirit of ESJ. These are:

1. The School is committed to ensuring that each student should not have more no more than 2 assessment points per 20 credit module.
2. We provide balanced forms of assessment, both in terms of its overall volume (measured in terms of assessment points and output required and the types used.
3. Group activities are part of the learning and teaching strategies but assessment is at the level of the individual. Thus, assessment focused on individual reflections and learning from participating in a group activity.
4. Flexibility/choice in assessment methods will be introduced wherever possible in order to facilitate different learning studies and support personalization

Assessment of the module will be by way of a multi-media portfolio, which may include written/power point presentations, online blogs and video film etc. presenting a critical analysis of contemporary legal issues relating to human rights and criminal justice.

In line with our policy on facilitating formative feedback to students, the assessment strategy is designed to provide formative feedback on the assessment before it is due to be submitted.

https://rl.talis.com/3/londonmet/lists/21EF1E74-2E1E-BD8A-1880-FB8A1BE4103E.html?lang=en-US&login=1