Teaching Of Criminal Law Research Articles

Exploration of the Application of Modern Information Technology in the Teaching of Criminal Law

With the arrival of the information age, modern information technology is more and more widely used in the teaching of criminal law, injecting fresh blood into it and revitalizing the discipline of criminal law. However, the use of modern information technology by criminal law teachers in the practical teaching of criminal law often fails to achieve the expected results, which indicates that the level of modern information technology mastered by criminal law teachers needs to be improved. In order to stimulate students' interest in learning criminal law in the new era, teachers of criminal law need to give full play to the advantages of modern information technology, and not only reasonably use cell phone APP function, micro classes and short videos and other skills to improve the level of modern information skills of their own teachers in the teaching of criminal law, but also pay attention to the organic fusion of the teaching method and modern information technology, highlighting the key points of the teaching, and focusing on the teaching effect.

A Study the Criminal Law Teaching Approach to Promote "Three Recognitions" through "Three Qualities"

The cultivation of professional knowledge and skills, as well as the effective education of people, are not only the functions of criminal law teaching but also its significant responsibilities. During the teaching process, the basic needs of the first level, encompassing knowledge, methods, emotional input, and output, and the second level, involving ethics education's progression from point-to-point to face-to-face interactions, have already been established. Nevertheless, the relationship between criminal law teaching and the cultivation of legal talents has been selectively overlooked, leading to a lack of a visible holistic perspective, consciousness perspective, and overall perspective in criminal law teaching. This has hindered the first two levels from fully realizing their potential effectiveness. Under the overarching concept of promoting "three recognitions" through "three qualities," an effective connection is established among the academic, regularity, practical aspects，course recognition, identity recognition, and professional recognition, facilitating the transformation and metamorphosis from the first level of basic teaching needs and the second level of actual expansion to the third level of aggregation. Specifically, the promotion of students' course recognition is achieved through regularity, their identity recognition through academic quality, and the construction and development of their professional recognition through practicality. The realization of "three recognitions" aims to continuously achieve the completeness and effectiveness of the cultivation of legal talents.

The effective application of thinking learning mode in criminal law teaching

The effective application of thinking learning mode in criminal law teaching

The Criminal Law Syllabus and the Realities of Legal Practice in Hong Kong

Criminal law syllabi throughout the common law world, including in Hong Kong, primarily focus on homicide, other violent offences, sexual offences, and property offences – offences typically categorised as mala in se (evil in and of themselves). They do this largely for traditional reasons – because these are the crimes which the syllabus has always focused on. Yet this is not what criminal law practice really looks like, whether in the courtroom or in advising clients. This research study utilises data on crime prevalence in Hong Kong as well as a self-reporting survey of criminal law practitioners in an effort to more closely align the LLB/JD criminal law teaching syllabus with the present and future realities of legal practice in Hong Kong, at least in terms of the specific offences covered. The empirical findings suggest that legal educators in Hong Kong ought to consider adding drugs, driving, regulatory and ‘white collar’ offences to the criminal law syllabus, while removing homicide and sexual offences entirely. These new inclusions serve as sufficiently nuanced illustrations of the general principles of criminal liability, help students to develop a critical perspective towards crime and criminalisation, while being frequently encountered in local criminal practice.

Spinoza para criminalistas

Bento (Baruch, Benedictus) of Spinoza is an author somewhat neglected by criminal lawyers and criminologists. Our educational frameworks for the teaching of Criminal Law and Criminology generally only locate John Locke as a historical counterpoint to Thomas Hobbes, leaving aside the extraordinary contribution made by Spinoza to political science (and, within this, the specific science of punitive power). This work conducts a brief review of texts key to understanding Spinoza’s contribution, analyzing the contents of Spinoza’s philosophical reflections on law and punishment in the three texts entitled: Ethics , Theological-Political Treaty , and Political Treaty .

Improvement of Methods in the Process of Criminal Law Teaching Based on Amendment of Criminal Law of the People's Republic of China

To overcome the defects in the teaching method and the problems in the application process, and to influence the teaching quality of Criminal Law, it is intended to introduce in detail the teaching philosophy, teaching content, teaching methods of criminal law and the influence of judicial examination on criminal law, and to analyze the causes of it more thoroughly, so as to benefit the teaching reform of criminal law. After research, it is concluded that the teaching method of Criminal Law can be improved from the aspects of improving the teaching level of teachers and learning from the post-modern curriculum concept. Of course, the problems in the teaching of criminal law are not formed in one day. It is impossible to solve the problems in one move. And it is urgent to take corresponding measures and countermeasures to improve the lag and dissatisfaction of the teaching of criminal law.

Non-traditional students and critical pedagogy: transformative practice and the teaching of criminal law

ABSTRACTThis article explores the practical implication of adopting critical pedagogy, and more specifically critical legal pedagogy, in the teaching of non-traditional students in higher education context. It is based on the teaching of criminal law at Birkbeck School of Law, addressing learning tasks which have been designed to enhance students’ learning experience. The proposition put forward in this article suggests that exactly because many of the non-traditional, mature students do not intend to pursue an ad hoc legal profession, the teaching approach should be geared towards widening the social context of learning and the acquisition of transferable skills, but mainly towards fostering students’ social ‘transformation’.

What Is Criminal Law About?

In “The Changing Market for Criminal Casebooks,” Jens David Ohlin offers an appreciative, but nevertheless critical review of established criminal law casebooks. He then introduces his own offering by describing “a vision for a new casebook” that will better serve the needs and wants of contemporary students. Ohlin begins with the arresting claim that criminal law professors are passionate about their subject because they are fascinated by human depravity. Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook. Moreover, he argues, casebooks should devote less attention to academic theories and articles, to normative questions about what the law should be, or even to interpretive questions about what the law is. Prevailing rules should be quickly summarized by the editor, so that students can focus on learning the skill of applying these rules to challenging fact situations. While Ohlin raises important issues of pedagogical method, his own announced pedagogical method would translate criminal law into technical training in pragmatic lawyerly skills. As a result, he offers readers something less than a “vision” of what criminal law is about, why it is worth learning, and what a criminal law casebook should teach. In this Response, we address these unanswered questions, identifying those issues of justice and politics that we believe make criminal law interesting and important. Further, we argue that even if doctrinal instruction is the goal, achieving it requires consideration of political philosophy, legal and intellectual history, and empirical research. Moreover, we argue that the indeterminacy of doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. The discretion accorded many actors in the criminal justice system means that fundamental questions of justice are also highly practical questions. Finally, we argue that the high stakes of criminal law and its contingency on democratic politics make criminal law teaching as much a matter of civic education as of technical education.

Enhancing Interactivity in the Teaching of Criminal Law: Using Response Technology in the Lecture Theatre

Educational theorists have long recognised the limitations of the traditional didactic lecture as a basis for student learning and engagement with degree-level problems. Nonetheless, such lectures still dominate timetables within UK law schools. A common criticism of the lecture as a mode of teaching is that there is little scope for interaction between the student body and the lecturer, a marked change in educational environment for students fresh from secondary-level education. In an effort to address this issue, we undertook an action-research project using TurningPoint classroom response technology to generate interaction between the lecturer and students during large-cohort law lectures. This system allowed students to respond in real-time to multiple-choice questions posed in a lecture, thereby offering an alternative to more traditional methods of encouraging class participation in lectures, such as the Socratic method. In our study the use of these devices was trialled in first and second year undergraduate law lectures at Newcastle University (UK). Subsequently, students’ views on the use and benefits of the technology were investigated through questionnaires and focus groups. The results of these surveys suggest that such technology can enhance the student experience of large-cohort lectures.

PENERAPAN AJARAN PENYERTAAN DALAM TINDAK PIDANA KECELAKAAN LALU LINTAS YANG DILAKUKAN OLEH ANAK (Studi Perkara di Wilayah Hukum Pengadilan Negeri Purworejo)

The number of cases that forced children to be responsible for a criminal offence committed traffic accident has become the concern of various parties. This research focuses on the application of the inclusion in the crime of traffic accidents committed by children in State Court jurisdiction Purworejo. The methods used in this research is with the juridical normative approach, through the study of the legislation, principles of law, and the doctrine. Parents who commit gross negligence or forgetfulness of its responsibility to nurture, maintain, educate and protect children are convicted and could be sued for damages by using the teaching of criminal law with the inclusion in its form as Advocacy (uitlokking) and Pembantuan (medeplichtige). In eksepsional using the principle of liability in a type of renewal of criminal law. Progressive thinking in this research are expected to embody the law enforcement-oriented children's best interests. Keywords: Teaching, Criminal Liability, the inclusion of forgetfulness.

PENERAPAN AJARAN PENYERTAAN DALAM TINDAK PIDANA KECELAKAAN LALU LINTAS YANG DILAKUKAN OLEH ANAK (Studi Perkara di Wilayah Hukum Pengadilan Negeri Purworejo)

The number of cases that forced children to be responsible for a criminal offence committed traffic accident has become the concern of various parties. This research focuses on the application of the inclusion in the crime of traffic accidents committed by children in State Court jurisdiction Purworejo. The methods used in this research is with the juridical normative approach, through the study of the legislation, principles of law, and the doctrine. Parents who commit gross negligence or forgetfulness of its responsibility to nurture, maintain, educate and protect children are convicted and could be sued for damages by using the teaching of criminal law with the inclusion in its form as Advocacy (uitlokking) and Pembantuan (medeplichtige). In eksepsional using the principle of liability in a type of renewal of criminal law. Progressive thinking in this research are expected to embody the law enforcement-oriented children's best interests. Keywords: Teaching, Criminal Liability, the inclusion of forgetfulness.

Introduction: Regarding Criminal Law Historically

Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broader inquiry into the webs of governance and control that constitute social and political life. One of the central goals of this book is to capture the variety of contemporary scholarship in the history of criminal law. Indeed, it is notable that while exciting work is being done in various disciplines, including work that sees itself as being interdisciplinary in nature, it is not always the case that there is engagement or debate among these bodies of work — or indeed with the discipline of criminal law. The aim then is both to reflect the plurality of approaches in this area and to illustrate how drawing on these different perspectives can stimulate new and critical perspectives on the modern criminal law.

Commonwealth v. Keller: The Irrelevance of the Legality Principle in American Criminal Law

Commonwealth v. Keller, 35 Pa. D. & C.2d 615 (1964), is not a leading case in American criminal law, but it should be. Ostensibly about the common law misdemeanor of indecent disposition of a dead body, this trial court opinion in fact raises important questions about the foundation of the state’s power to punish through criminal law, questions that have not received sufficient attention in American legal and political discourse in general, and in American criminal law teaching in particular. In fact, Keller’s irrelevance itself is symptomatic of the irrelevance of the principle of legality in American criminal law. Rather than being regarded, and employed, as a fundamental principle of legitimacy of state penal power, the principle of legality is poorly understood as a disconnected aggregate of maxims, rules, and guidelines – preferably cited in lawyers’ Latin phrases of uncertain formulation and meaning (“nullum crimen sine lege” and “nullum crimen, nulla poena sine lege” being two popular variations) that join other groundless, anachronistic, and ill-examined bedrocks of American criminal law, most notably actus reus and mens rea, or their combination as “actus non facit reum nisi mens sit rea.”

Why Teach Alternative Dispute Resolution to Law Students? Part One: Past and Current Practices and Some Unanswered Questions

The revolution in media and global communications in the last few decades has transformed the very basic foundations of knowledge and education. The pedagogical literature has been advocating for the development of media literacy across the curriculum. However, in Canada the Law School classroom, with its teaching philosophy built during an exclusively print-centred era, has not yet opened its doors to audiovisual teaching methodologies or to media literacy. The article describes some student-centred activities that are informed by visual pedagogy. Approaching the teaching of criminal law from the visual pedagogy perspective helps students develop media literacy, which enables a level of interactivity and critical thinking not achieved with traditional teaching methods.

Yale Kamisar: A Principled Man for All Seasons

Yale Kamisar began his distinguished career as a law professor in 1957 at the University of Minnesota Law School. For three years prior to joining the Minnesota faculty, Yale had been an associate with the Washington, D.C. law firm of Covington & Burling specializing in antitrust law. Understandably, Yale and Minnesota assumed that he would devote the major part of his research and teaching to antitrust. At that time, the study of criminal law was near the bottom of the hierarchy of law school topics, and so young faculty often were assigned the task of teaching criminal law as the price to pay for the privilege of joining the faculty. Criminal procedure had not yet become a separate topic in law schools' curriculums. As anyone who knows Yale can attest, when he undertakes a task, whatever it may be, he devotes all of his energy and intellect to performing it better than anyone else could. While he may not always outstrip everyone, he frequently does, and he is always outstanding. Yale did not merely take on the teaching of criminal law. He was one of several pioneers in the refashioning of that topic by identifying criminal procedure, not just as a separate topic in its own right, but as an intellectually rich subject of greater significance than substantive criminal law. He played a major role in demonstrating that criminal procedure is an important area of scholarship worthy of addition to the curriculum. It is true that Yale was fortunate that, soon after he took up this subject, the Supreme Court began to focus on the area and adopted new and innovative doctrines; but Yale had the wisdom to exploit that development.' Moreover, many of the Court's innovations can be directly traced to concepts that Yale propounded and eloquently defended. Yale's fascination with criminal procedure and related topics became so consuming that his interest in antitrust simply fell by the wayside. As a consequence, the world of criminal

Feminists & Contract Doctrine

gave with Professor Karen Engle to the Women’s Law Caucus of the University of Utah College of Law in the spring of 1994. The research for this paper was funded by grants from the Faculty Development Committee. I would like to thank Tawni Anderson for her research assistance. 1. See KATHARINE T. BARTLETT & ANGELA P. HARRIS, GENDER AND LAW: THEORY, DOCTRINE, COMMENTARY 750-51 (2d ed. 1998) 2. See, e.g., CATHERINE MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN (1979) (MacKinnon’s work substantially contributed to the recognition of sexual harassment as a violation of Title VII). 3. For example, we have seen increased responsiveness to domestic violence. See BARTLETT & HARRIS, supra note 1, at 566-70. 4. See Leslie Bender, A Lawyer’s Primer on Feminist Theory and Tort, 38 J. LEGAL EDUC. 3 (1988); Lucinda M. Finley, A Break in the Silence: Including Women’s Issues in a Torts Course, 1 YALE J.L. & FEMINISM 41 (1989); Carl Tobias, Gender Issues and the Prosser, Wade, and Schwartz Torts Casebook, 18 GOLDEN GATE U. L. REV. 495 (1988). 5. See Mary Irene Coombs, Crime in the Stacks, or a Tale of a Text: A Feminist Response to a Criminal Law Textbook, 38 J. LEGAL EDUC. 117 (1988); Nancy S. Erickson and Nadine Taub, Final Report: “Sex Bias in the Teaching of Criminal Law,” 42 RUTGERS L. REV. 309 (1990). 6. Mary Joe Frug, Rescuing Impossibility Doctrine: A Postmodern Feminist Analysis of Contract Law, 140 U. PA. L. REV. 1029, 1030 (1992) [hereinafter Rescuing Impossibility Doctrine] (quoting letter from W. David Slawson, Professor of Law, University of Southern California, to Mary Joe Frug 2 (June 24, 1988)). See also Patricia Tidwell & Peter Linzer, The Flesh-Colored Band Aid—Contracts, Feminism, Dialogue and Norms, 28 HOUS. L. REV. 791, 800 n.48 (1991) (suggesting that the letter led to a “brouhaha of modest proportions”). 7. The number of scholars exploring the topic of feminism’s influence on contract doctrine is small but growing. Examples of writing on the subject include: Elizabeth S. Anderson, Women and Contracts: No New Deal, 88 MICH. L. REV. 1792 (1990) (reviewing CAROLE PATEMENT, THE SEXUAL CONTRACT (1988)); Jean Braucher, Contract v. Contractarianism: The Regulatory Role of Contract Law, 47 WASH. & LEE L. REV. 697 (1990); Clare Dalton, An Essay in the FEMINISTS & CONTRACT DOCTRINE

Critical Criminal Law

To come to criminal law in a spirit of criticism is to find a subject full of paradoxes. It is an area where there is both an abundance of criticism and yet where critique has hardly started. It is the branch of law where most social studies have been done of the 'law in action' and where the gulf between ideals of equality and the reality of differentiation has been shown to be glaring and recurrent, and where official arbitrariness and repression are most obvious. Yet in Britain the law schools do not even have a 'law in context' textbook to relate legal doctrine to studies of criminal justice and criminology. The standard textbooks hold their own.1 On the other hand, even the mainstream commentators on the criminal law are highly critical of the development of this branch of law, stigmatising it as indefensible and incoherent, challenging its most basic conceptual categories and backing a codification project designed to rein in the judges (when not conducting almost continual guerrilla warfare). There are some signs of new approaches to the study and teaching of criminal law but these lie mainly in the area of philosophical reflection on fundamental aspects of criminal doctrine and the justification of punishment. It is uncertain whether any new explicitly critical text would draw more on the heritage of contextual studies or the more recent unorthodox form of legal scholarship associated with the U.S.A. critical legal studies movement. Even in the U.S.A., however, criminal law seems to have been strangely neglected by critical scholars. Thus the special issue on critical legal studies put out by the Stanford Law Review contained nothing on criminal law but a bitter attack on a paper by Mark Kelman, a paper which represents one of the few explicitly critical discussions of substantive criminal law.2 Likewise, the Kairys volume, The Politics ofLaw, contained three articles on criminal law (including one by Kelman) but these dealt only with the causes of crime, crimes of the powerful and police deviance.3 Yet critical discussion of substantive legal doctrine in this area is all the more important because of recent trends in which those on the left have emphasised the importance of taking crime seriously as a blight on the lives of those living in working-class neighbourhoods. This must surely also entail seeing how far the concepts and categories of the criminal law can

THE TERRITORY OF THE CRIMINAL LAW

During the past eighteen months, those of us involved in teaching and research in criminal law have been treated to new editions of a number of established texts.' It is often said to be one of the advantages of working in the subject that one is spoilt for choice amongst so many excellent books. However, it is refreshing to see a newcomer in the field, in the form of Chris Clarkson and Heather Keating's Text and Materials, which takes a very different approach to that of the established texts both in the view taken of the proper scope of criminal law study (through the integration of questions traditionally divided between fields of 'criminal law' and 'criminal justice') and in the style of presentation (through a mixture of commentary and substantial excerpts from cases, books and articles). In this review, I shall consider two issues relating to these major differences, concentrating on the treatment in each book under review of the general principles of criminal liability. First, as my title suggests, I shall consider the relative merits of the wider and narrower views of the territory of the criminal law presented in the two books. Secondly, I shall raise some questions about the function of textbooks in legal education in general and criminal law teaching in particular. What are the characteristics of a good textbook; why do we use them, and are we justified in doing so?