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Monash University

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Comparative criminal law 406

  • LAW4189E
  • Not offered in 2013
  • 6 points, SCA Band 3, 0.125 EFTSL
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This unit examines the role of theory in the criminal law and whether there are "fundamental principles" which underlie all systems of criminal justice. A con-sideration of the various theories of punishment propounded in the common law and civil law of crime follows.<br/>The issue of codification as implemented in both common law and civil law jurisdictions is then ad-dressed. Students will then be invited to examine in detail the roles played by the investigating magis-trates, procurators and the judiciary in civil law sys-tems and compare that role with the ones played by the prosecutor, judge and jury in the common law systems.<br/>The relationship between substantive criminal law and... -- Course Website



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