SCQF Level: 08
Module Code: LAW253
Credit Value: 20
Term: Term 1
School: Dundee Business School
This module allows students to develop, broaden and deepen their knowledge and understanding of the principles of Criminal Law and introduces the concepts of the law of Evidence in Scotland.
The aim of this Module is to identify and examine the principles of Scots criminal law and evidence.
By the end of this module the student should be able to:
1. Demonstrate knowledge and understanding of the Scottish legal system differentiate civil and criminal law. Understand the sources of law, locating the law and general principles of criminal law
2. Identify and explain the elements to be proved in crimes:against the person,of dishonesty, against property, in relation to public order and morality,against the state and administration of justice
3. Distinguish between strict liability offences and cases where criminal intent must be shown;
4. Understand and apply the rules of evidence concerning relevance, admissibility, weight and sufficiency of evidence;
5. Understand and apply the legal concepts of corroboration and of competence and compellability of witnesses as they apply in Scots Law;
6. Understand the differences between witnesses as to fact and expert witnesses. Demonstrate skills of comprehension and application of legal principle.
1 Crimes against the Person
Assault & domestic abuse, homicide; certain sexual offences; defences.
2 Crimes of Dishonesty
Theft and aggravated theft; robbery; fraud;defences.
3 Crimes relating to Public Order and Morality
Breach of the peace; offences against the adminstration of justice; public indecency.
4 Crimes against Property
Malicious mischief; vandalism; defences.
5 Principles of criminal liability
Basic principles of criminal liability; inchoate crimes; art and part liability; causation.
6 Basic Concepts of Evidence and Requirements for proof
Relevance, admissibility, weight and sufficiency of evidence; Burdens and standards of proof; presumptions.
7 Types of Evidence and Corroboration
Oral, documentary, real evidence, direct and circumstantial, primary and secondary evidence;'best evidence'; the common law rules in criminal proceedings, The Moorov doctrine; admissions and confessions, corroboration by distress.
8 Competence and compellability of witnesses
Parties, accused, spouses, co-accused, children and other vulnerable witnesses. Privilege. Evidence of character.
9 Opinion and Expert Evidence; Hearsay; Evidence at the Trial
Expert and Opinion evidence; ss 259-262 of the Criminal Procedure (Scotland) Act 1995; res gestae and de recenti statements; conduct of inquiry (examination in chief, cross-examination and re-examination).
Statement on Teaching, Learning and Assessment
This module is delivered to students from non-law cohorts and provides an overview of criminal law and the law of criminal evidence which contextualises their prior learning in non-law criminology and forensic science modules. The module is delivered through interactive lectures and tutorials which encourage active student participation. Lectures are delivered via a mixture of traditional lectures and more active class-based activities, such as problem solving exercises, short note exercises and Q and A sessions, with students working in pairs and small groups which provides for interaction. Tutorials are student led and consolidate and enhance the lecture materials.The feedback exercise for this module will take place during week 7 of the semester and will involve an online test taken by the students in their own time. The test will be available from the beginning of the feedback week and students will be expected to complete the test before the end of the week. Students will receive automatic feedback when the test has been completed. To facilitate and consolidate the students' learning as they progress through the module a number of Drop-in clinics will be provided allowing students prepare for the exam.
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.