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Monash University

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Comparative criminal law

  • LAW7189
  • Prato Term 2 2013 (Day)
  • 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 consideration of the various theories of punishment propounded in the common law and civil law of crime follows.<br/><br/>The issue of codification as implemented in both common law and civil law jurisdictions is then addressed. Students will then be invited to examine in detail the roles played by the investigating magistrates, procurators and the judiciary in civil law systems and compare that role with the ones played by the prosecutor, defense attorney, judge and jury in the common law systems.<br/>The relationship between... -- Course Website



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