LAWS378-21S2 (C) Semester Two 2021

Genetics, Neuroscience and the Criminal Law

15 points

Details:
Start Date: Monday, 19 July 2021
End Date: Sunday, 14 November 2021
Withdrawal Dates
Last Day to withdraw from this course:
  • Without financial penalty (full fee refund): Sunday, 1 August 2021
  • Without academic penalty (including no fee refund): Friday, 1 October 2021

Description

This course will consider the legal and ethical issues involved in the use of genetic and neuroscientific evidence during criminal investigations and criminal proceedings. This course is offered in alternate years.

Material in the course will cover three related parts:

Part One: Introduction/Overview of The Criminal Law in New Zealand

Part Two: Genetics
The collection and use of DNA evidence under the Criminal Investigations (Bodily Samples) Act 1995.
The use of criminal/behavioural genetic arguments in criminal trials and sentencing.

Part Three: Neuroscience
The use of neuroscientific evidence in criminal investigations, trials and sentencing.

Learning Outcomes

  • By the end of the course, students will be able to:

  • Demonstrate an understanding of the use of DNA testing in criminal investigations, and the legal and ethical issues that potentially arise as a result of this use;
  • Demonstrate an understanding of the privacy and human rights implications of the use of DNA databases;
  • Demonstrate an understanding of the relevance and use of genetics arguments as part of determinations of liability and in sentencing;
  • Demonstrate an understanding of the relevance and use of neuroscience arguments as part of determinations of liability and in sentencing;
  • Demonstrate an understanding of the rules of evidence in relation to the introduction of genetics and neuroscience evidence;
  • Demonstrate an understanding of specific cultural concerns (with particular focus on the concerns of Maori) in relation to the use of genetic and neuroscientific material;
  • Critically engage with issues relating to genetic privacy rights;
  • Critically engage with current debates on the efficacy and ethics of the use of this information and the consequences of it acceptance in the criminal justice system.

Prerequisites

(1) LAWS202, or
(2) CRJU202 and 45 additional points at 200 level from Schedule C to the Bachelor of Criminal Justice and Head of Department Approval.

Restrictions

CRJU313

Co-requisites

Course Coordinator / Lecturer

Debra Wilson

Assessment

Assessment Due Date Percentage 
Essay One 16 Sep 2021 50%
Final Exam 50%

Textbooks / Resources

Recommended Reading

Westlaw NZ; Adams on criminal law ; Thomson Brookers, 1992.

Note:
Adams on Criminal law : Criminal Investigations (Bodily Samples) Act 1995.
-> Rights and Powers; Criminal Investigations
-> Adams on Criminal Law (electronic resource) Thomson Brookers (1992-2013)
In Adams, go to Rights and Powers, then C1(BS).

Indicative Fees

Domestic fee $831.00

International fee $4,200.00

* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.

For further information see Faculty of Law .

All LAWS378 Occurrences

  • LAWS378-21S2 (C) Semester Two 2021