Module Handbook 2020-2021 Final
Module Handbook 2020-2021 Final
School of Law
Module Leader:
Alex Powell
Email:
[email protected]
Contents
Module introduction.............................................................................................................1
Semester plan synopsis ........................................................................................................2
Module Syllabus…………………………………………………………………………………....3
Module introduction
This course will introduce you to a wide range of issues sitting at the intersection of crime and
society. We will begin by looking at how crime is measured and the implications this has for theories
that seek to explain the causes of crime. During the course of the module, we will look at, amongst
other things, ways of measuring crime, the relationship between crime and the media, different
theorise of crime and the links between globalisation, crime, and human rights. The Module will also
address issues raised by critical criminologists, including exploring the fundamental elements of
feminist critique, queer theory and critical race theory. will take the form of seven thought proving,
two-hour, lectures, which are designed to outline key themes. These will then be supported by Q&A
and seminar sessions in which students are expected to be active participants. Each seminar will
have a list of readings. Completing these readings and coming prepared to discuss them should
be viewed as a minimum standard. These sessions will offer students the opportunity to discuss
readings and apply their learning to the subject. Those students wishing to achieve the best
grades in this module should also undertake wider reading as a part of their independent study
time.
1
Oxford Brookes University
2
Oxford Brookes University
Module Syllabus
The module examines how crime is defined and measured, as well as exploring the different theories
regarding how and why crime occurs. From here the module then moves on to consider specific
examples of crime, such as violent crimes and hate crimes, before adopting a more critical perspective
and considering the views of critical criminologists such as adherents of critical race theory and queer
theory. Each topic is covered by a lecture and a student-centred seminar in the following
week. Seminar questions are linked to coursework questions so as to encourage deep learning
and active engagement with the course. The more work you put into your seminar preparation
and the more that you contribute to the seminar discussions and tasks, the more pre-
submission guidance you will receive from your seminar tutor. This is a level 6 honours
module, and at this level we expect you to demonstrate a greater level of independent
research, critical thinking, and active participation.
It is recommended that you buy this textbook as readings from it will be set as your primary
reading for seminars. You will also find that the teaching you receive in lectures will draw on
references from this book, pinpointing opportunities to explore the topics examined in greater
depth.
This contains a number of interesting readings on each topic that we will be studying. All the
readings are useful, and some will be set as seminar readings.
For the academic year 2020/21, students within the School of Law will also have access to
Oxford University Press’ Law Trove, and so the key readings offered from Newburn’s
Criminology will also be supplemented by readings from Case, Johnson, Manlow, et al,
Criminology (1st Edit, OUP, 2017). Whereas it is always good to read from the required
textbook (Newburn) this reading could, if needs must, be substituted for the readings in the
Case, Johnson, Manlow, et al book.
There are also a number of websites that you might find useful:
Statistics: http://homeoffice.gov.uk/rds/index.htm
Prisons:
http://www.hmprisonservice.gov.uk/prisons/default.asp
Media websites:
http://www.crimeinfo.org.uk/
http://www.crimeandjustice.org.uk
The Library at Oxford Brookes University is of primary importance as an information resource whilst
you are a student here. The specialist resources for students in the Faculty of Humanities and Social
Sciences are based on the Headington and Harcourt Hill sites and are supported by a highly qualified
team of specialist Academic Liaison Librarians
The Library home page is at http://www.brookes.ac.uk/library/ and from here you can navigate to the
resources you need.
You can find the module reading list online by going to the Library home page, clicking on
“Reading lists” on the SEARCH box and entering the module name or number. This will include
information about where print books are in the Library and links to e-books, online journal articles
and other sources.
Your first priority will probably be to find books on your reading list and this can be done by
going to the Library home page and clicking on ‘Books and e-books’, and entering the title, author or
other information into the search box.
You will also probably want journal articles on your reading list and these can also be accessed
from the Library home page by clicking on ‘E-journals by title’ then entering the title of the journal
in which the article appears.
You can learn more about how to find books and journals in the Libraries by clicking
on http://www.brookes.ac.uk/library/library-services/information-skills/teach-yourself/ Please feel
free to get in touch with the Academic Liaison Librarian for your subject (see pError! Bookmark
not defined.) for help and advice.
4
Oxford Brookes University
Upgrade is the University's confidential study advice service for anyone who wants advice on
statistics, maths and study skills such as planning and writing essays, assignments and dissertations,
and more.
For more information about Upgrade and the services offered, check the website at
http://www.brookes.ac.uk/students/upgrade/
5
Oxford Brookes University
Textbook Reading
T Newburn, Criminology, chapter one, chapter five (just skim read section on politics of crime in
the USA) and chapter twenty-f our
OR
Case, Johnson, Manlow et al, Criminology, chapter two (There is no need to read the ‘studying
criminology’ section or beyond), chapter three and chapter twenty-One.
Essential Reading
C Ashford, M Morris and A Powell, ‘Bareback Sex in the Age of PrEP and Tasp: Rethinking the
“Harms” of HIV Transmission’ (2020) 84:6 Journal of Criminal Law 596.
Tim Newburn, Key Readings in Criminology, chapter one and chapter twenty-three
H Packer, The Limits of Criminal Sanction (Stanford: Stanford University Press) 1968, 149-173.
Timewatch: Judgement in Jerusalem (This is a 1987 documentary regarding the trial of Adolf
Eichmann and includes reflections from the philosopher Hannah Arendt, it complements the
Nils Christie article) Available (Also available via Moodle):
https://learningonscreen.ac.uk/ondemand/index.php/prog/RT413552?bcast=119863011
Seminar Questions:
Consider the people listed below. List them in order of how ‘wrong’ you believe their actions to be.
Top of the list should be the person whose action you consider to be the most wrong, and at the
bottom of the list should be the person whose action you consider to be the least wrong. If you
consider two or more people’s actions to be equally wrong, you should note this on your list.
The term ‘wrong’ has been deliberately used in preference to the term ‘criminal’. The purpose of this
exercise is not to test your knowledge of what is or is not classed as criminal, but rather to try to
determine whether there is agreement as to what is ‘wrong’. If you feel it is necessary, you should
decide upon your own definition of ‘wrong’.
A kills her terminally ill husband because she cannot bear his suffering and he has repeatedly asked
her to put him out of his misery.
6
Oxford Brookes University
E makes a series of applications in false names for shares in a utility that is about to be privatised. As
a result, he makes a profit of £5000.
F steals £25 from their employer. They are starving and need the money to feed their children.
G claims £100 in expenses from their employer when in fact his expenses were only £75.
H attacks his wife giving her a black eye when she tells him that she has been unfaithful with his best
friend.
I Transmits the HIV virus during a consensual one-night stand. They were aware of their HIV status
but did not inform their partner or attempt to mitigate the risk of transmission.
J inflicts serious, but consensual, bruising on their partner. They are both willing participants in the
experience.
K Infects the person behind her in the supermarket queue with a deadly virus. K had caught the virus
by breaching rules on social mixing and was not adhering to public safety measures—such as wearing
a mask—In the queue.
Points to consider:
• Did you agree with the rest of your seminar group as to which behaviour was most serious?
If not, why not? Did anyone change their mind? If so, on what grounds?
• Are crimes of dishonesty less or more serious than crimes of violence?
• In cases involving theft or fraud, does the amount stolen make a difference?
• Does the suffering caused to the victim make any difference?
• What about social stigma, to what extent do you think you may have been motivated by your
intuitive or emotional dislike of certain activities?
• What role do the characteristics of the parties play? For example, is a man harming a woman
more wrong than a woman harming a man?
• Does the judgement that something is wrong relate to the idea that it is not normal?
The purpose of this exercise is to encourage you to reflect on your attitude as to what should and what
should not be labelled criminal. It is also designed to encourage you to realise that what is labelled
‘criminal’ can change over time and can differ from country to country.
1. In what ways can it be said that our criminal justice system is a ‘system’?
2. Why does having a criminal justice system matter?
3. What is the difference between the inquisitorial and adversarial system of justice?
7
Oxford Brookes University
Textbook Reading
T Newburn, Criminology, chapter three (not section on Data on offenders), and chapter four
OR
Case, Johnson, Manlow et al, Criminology, chapter five and chapter seven
Essential Reading
S. Cohen, Folk Devils and Moral Panics, 3rd edn (London: Taylor and Francis) 2002, pp. 161-171
R. Reiner, Law and Order: An Honest Citizens Guide to Crime and Control (Cambridge Polity Press)
2007, pp. 61-70
Tim Newburn, Key Readings in Criminology, Chapter Three and Chapter Four
1. Do media representations of crime correlate with our knowledge of the reality of crime
gauged from statistics?
5. Why is the general public interested in stories about crime and criminals?
8. Do newspapers cherry-pick the ‘victims’ they feel are worthwhile writing about?
9. Do media representations of crime contribute to a view that some groups are more likely to be
the victims or perpetrators of crime?
8
Oxford Brookes University
6. What has been controversial about crime trends since the mid-1990s?
Crime statistics are useful source of information regarding the level of crime within a given society.
Discuss this quote with regard to the work of Valverde.
9
Oxford Brookes University
Textbook Reading
T Newburn, Criminology, chapter six and chapter seven (not section on Chromosomal anomalies, p.
149; Section on Biochemical Factors on pp. 150-155: only read sections on testosterone and nutrition)
and chapter eight (omit following sections on: Bowlby and maternal deprivation; Operant learning;
Routine and activity theory; Yochelson and Samenow; Eysenck’s biosocial theory; and Intelligence
and Offending).
OR
Case, Johnson, Manlow et al, Criminology, chapter thirteen and chapter fourteen.
Essential Reading
Enrico Ferri, The Positive School of Criminology (Chicago: H.Kerr and Co), 1913, pp. 49-94
A. Raine, ‘Biosocial studies of antisocial and violent behaviour in children and adults’, Journal of
Abnormal Child Psychology, (2002), 30(4): 311-326
Tim Newburn, Key Readings in Criminology, Chapters five, six and seven
1. What is positivism?
2. What is classicism?
4. To what extent do you agree with the idea that criminal behaviour is ‘chosen’?
3. What is the relationship between biological positivism and more sociological approaches to
understanding crime? Are the two compatible?
10
Oxford Brookes University
4. What might be the problem with suggesting that there is a big difference between criminals
and the rest of us?
To what extent are positivist theories helpful in explaining criminal behaviour and how useful they are
in informing criminal justice policy?
11
Oxford Brookes University
Textbook Reading
Tim Newburn, Criminology, chapter nine, chapter twelve and chapter Seventeen
OR
Case, Johnson, Manlow et al, Criminology, chapter fourteen (Those students following the material
in this textbook will have already read this chapter for the previous week) and chapter twenty-three.
Chapter Seventeen of Newburn will be available on aspire. All Students—even those usually
reading Case and Johnson—will need to read this
Essential Reading
E. Durkheim, The Rules of Sociological Method, translated by Sarah A. Solovay and John H. Mueller
and edited by George E.G. Caitlin (New York: The Free Press), 1985/1964, pp. 65-73
M.R. Gottfredson and T. Hirschi, A General Theory of Crime, (Stanford, CA: Stanford University
Press), 1990, pp. 87-91
Tim Newburn, Key Readings in Criminology, chapter eight, chapter eleven and chapter sixteen
2. Why is the question ‘Why don’t we commit crime’ more important for the control theorist
than the question ‘why do we commit crime’?
1. What evidence can you see for the dispersal of surveillance techniques in modern society?
2. What is the difference between the ‘old penology’ and the ‘new penology’?
3. Can you think of ways in which the ‘risk society’ can be seen in current criminal justice
practices?
Seminar Exercise: Think about all the theories of criminality we have discussed over the last couple
of weeks. Which do you find most/least convincing, and why?
13
Oxford Brookes University
Textbook Reading
Tim Newburn, Criminology, chapter twenty-one (464-498 Only) and chapter twenty-two
OR
F. Zimring and G Hawkins, Crime is not the problem: lethal violence in America (New York, OUP),
1997, pp. 51-123
D Spade and C Willse, ‘Confronting the Limits of Gay Hate Crimes Activism: A Radical Critique’
(2000) 21 Chicano Latino Law Rev 38, 38–52
Juno Mac, The Laws that Sex Workers Want (Ted x 2016) Available at
https://www.youtube.com/watch?v=vc-n852sv3E (This will also be posted on Moodle)
Tim Newburn, Key Readings in Criminology, Chapter Twenty and Chapter Twenty-One
Sarah Lamble, ‘Queer Necropolitics and the Expanding Carceral State: Interrogating Sexual
Investments in Punishment’ (2013) 24:3 Law and Critique 229. (Optional)
1. What has been the general trend in violent crime over the last 20 years?
5. Looking back to the various theories of crime and criminal behaviour that we have looked at
so far, how useful are they in understanding violent crime?
Section B – Autonomy
14
Oxford Brookes University
6. Are the recent concerns over binge-drinking just another moral panic?
8. What issues does Juno Mac argue arise from the criminalisation of sex work?
15
Oxford Brookes University
Textbook Reading
And
Case, Johnson, Manlow et al, Criminology, Chapter eleven (Only those not following Newburn),
chapter fifteen and chapter sixteen
Essential Reading
C Ashford, Buggery, Bribery and a committee: The Story of How Gay Sex Was Decriminalised in
Britain (The conversation, 2017) https://theconversation.com/buggery-bribery-and-a-committee-the-
story-of-how-gay-sex-was-decriminalised-in-britain-79597 Also available as a podcast at the same
link.
L Adler, ‘Life at the Corner of Poverty and Sexual Abjection: Lewdness, Indecency, and LGBTQ
Youth’ in Chris Ashford and Alexander Maine, Research Handbook on Gender Sexuality and Law
(Cheltenham: Edward Elgar) 2020 76-91
C. Smart ‘The women of legal discourse’ Social and Legal Studies, 1992, 1: 29-44
Tim Newburn, Key Readings in Criminology, Chapter Thirty-One and Chapter Thirty-Two
Alex Sharpe, ‘Queering Judgement: The case of Gender Identity Fraud’ (2017) 81(5) the Journal of
Criminal Law 417.
Section B – Gender
Sexuality:
1- What is the relationship between LGBTIQ identities and acts and the law?
o How has this developed over time?
o Why has the law treated women who have sex with women differently to the way it
has treated men who have sex with men?
16
Oxford Brookes University
2- Prosecutions for Gross Indecency actually increased after the passing of the Sexual Offences
Act 1967. Why do you think this was?
3- As Ashford points out, much recent LGBTIQ+ legal activism has employed a rights-based
approach. What are the advantages and disadvantages of such an approach?
4- Following the passing of the Marriage (Same-Sex) Couples Act 2013, Ben Summerskill said
the final piece in the legislative jigsaw had been found.
17
Oxford Brookes University
Essential Reading
R Joseph-Salisbury, ‘Police in Schools: Black Lives Matter Protests Raise Urgent Concerns’ (The
Conversation 2020) available at: https://theconversation.com/police-in-schools-black-lives-matter-
protests-raise-urgent-concerns-140766
T. Jefferson, ‘The racism of criminalization: policing the reproduction of the criminal other’ in L.
Gelsthorpe (ed) Minority Ethnic Groups in the Criminal Justice System, (Cambridge: Institute of
Criminology) 1993, pp. 26-46
Tim Newburn, Key Readings in Criminology, Chapter Eighteen and Chapter Nineteen
Race:
1. What are the trends in relation to offending and victimization in relation to race and ethnicity?
2. Why are some ethnic minorities over-represented in the criminal justice system?
3. What is institutional racism? What evidence do we have for this?
4. How might institutional racism be tackled?
5. Should racist ‘hate crimes’ be treated more seriously than other offences?
6. How do the theories about crime and criminal behaviour fit in with the issue of race and the
criminal justice system?
Seminar Exercise: Can you find/think of any references in popular culture (TV, film, radio, cartoons
etc.) to violent crime, hate crime or organised crime? To what extent do these representations
contribute to racializing the criminal justice process?
18
Oxford Brookes University
Assessment information
This module follows the principles of the University’s Assessment Compact developed in conjunction
with the Student Union, to ensure good practice and transparency in assessment and feedback
processes. The Assessment Compact can be found in your Programme Handbook or on your
programme’s Brookes Virtual site.
Coursework
Learning outcomes assessed
Assignment task
A) – To what extent are crime statistics a valuable tool for understanding crime?
After the seminar in Week 3, you will have all the information you need to answer these questions.
2) A 2,000-word essay on a broad theme encompassing several parts of the course. The
questions for this part of the coursework will be released in Week 9.
You will have a choice of two questions for each part of the coursework. Both pieces of coursework
will be due on the same date namely Wednesday 28th of April (Week 12) at 1pm. See
details below for how to hand in coursework.
Assessment criteria
19
Oxford Brookes University
70% + : detailed and accurate description of the topic and wider issues; good evidence of further reading;
excellent analysis and fully reasoned discussion of the issues particular in relation to overarching
themes in Crime and Society; excellent written and presentational style including appropriate
referencing.
60-69%: detailed and accurate description of the topic and wider issues; good evidence of further reading
where relevant; reasoned analysis and discussion of the issues; good written and presentational
style including appropriate referencing.
50-59%: good description of the topic and wider issues; some evidence of further reading where
relevant; good written and presentational style; adequate referencing; limitations at this level
may be limited analysis or discussion of issues; lack of or limited evidence of reading of
relevant articles;
40-49%: basic description of the topic; limitations at this level may be lack of analysis or discussion of
the issues; no evidence of reading relevant articles; weak written or presentational style; poor
referencing.
39%-: incorrect description of topic; lack of analysis and discussion of the relevant issues; no
evidence of reading relevant articles; poor written and presentational style; poor citation of
references.
❑ Please refer to the Assessment Handbook on the Law Portal for more information about how to
present your coursework (Go to your Moodle page, Law Portal, Programme Documentation,
Assessment Handbook)
https://moodle.brookes.ac.uk/mod/book/view.php?id=1235910
NB: You will need to be signed into Moodle for this link to work
Assignment length
The length of an assignment is limited by a set number of words to contribute towards the
development of writing skills and to ensure all work is assessed equitably. We therefore require you to
complete your assignments within the number of words specified in the assignment brief.
You will need to think carefully about how best to explain your case within the permitted number of
words. You can include any drawings, diagrams and tables in an appendix which will not count
towards your word count.
The specified word count refers to the main body of the report and does not include front cover, title
page, contents page, reference list, bibliography or appendices. The word count does include headings
and in-text citations.
❑ For more information about the word count, please refer to the School of Law Assessment
20
Oxford Brookes University
Handbook on Moodle (Go to your Moodle page, Law Portal, Programme Documentation,
Assessment Handbook)
https://moodle.brookes.ac.uk/mod/book/view.php?id=1235910
NB: You will need to be signed in to Moodle for this link to work
The deadline for the coursework is 1pm Wednesday 29th April (week 12). Please submit your work
via Turnitin. You will need to submit your work as two documents. The first document is an answer
to the first question. The second document is an answer to the second question. Two separate links
can be found on Moodle.
For electronic submission: Give the file(s) which you intend to upload a name which begins with your
student number. For example, ‘12345678_annotatedbibliography_moduleU1234’ You can upload in
Word or PDF.
There is no need to submit a hardcopy of your work.
For student who are registered with the Dyslexia/SpLD Service, any submission through Moodle and
Turnitin will trigger a notification of a Blue Card and there is no action required by a student..
Please ensure you submit your assignment no later than the deadline set above (these are fixed but
students may exceptionally secure a 24 hour grace period if last minute untoward circumstances affect
your ability to submit on time). Please note over-use of this facility may be reviewed.
Following internal moderation, a sample of work is reviewed by the External Examiner for the
programme to ensure that the standards applied are comparable to those at other institutions.
Feedback
Feedback on your work will be provided in a range of ways at various times throughout this module,
and different feedback will serve slightly different purposes. Feedback is designed to support your
learning and help you to improve subsequent work, so you need to engage and get the most out of the
feedback provided.
Please note that feedback is provided throughout the module NOT JUST ON FORMAL ASSESSED
TASKS. It will be provided on your work and contribution in class, on the formal assessment tasks
and, in some circumstances, during staff office hours.
If you would like further information about feedback, or how to use it, please talk to your tutor on this
module or your Academic Adviser or Programme Lead
Effective feedback is essential to learning. It is not, however, simply a case of receiving a mark that
reflects your performance. It is also about understanding what is required of you and how to go about
improving your skills. In order for our feedback to be effective, it is essential that you engage with it,
and take responsibility for acting on it. The University has developed an Assessment Compact which
outlines the relative roles of students and teachers in achieving good assessment outcomes and this
21
Oxford Brookes University
can be found in your Programme Handbooks. Below you will find an explanation of how that
Assessment Compact will apply to this module.
Seminars are designed in such a way that, if you come to them appropriately prepared, they will
provide you with an ideal opportunity for weekly feedback on your progress. The importance of good
preparation before and after seminars cannot be overemphasised. The best way to ensure you make
the most of your seminar is to read the material you have been set, and then to spend some time trying
to work through the questions or exercises on your own. Otherwise, there is a temptation, if you come
to seminars having only done the reading, to assume that your answer would be the same as that given
by the Seminar Leader, and you may not pick up mistakes in your own understanding. After the
seminar, it is worth spending some time reflecting on what you have learnt.
Coursework Feedback on your coursework will be available after the Exam Board in June. You will
be sent an email by the module leader outlining how to receive feedback on your coursework.
Please note that all marks are provisional until they are ratified by an Examination Committee.
Turnitin
Assignments on this module will be submitted through Turnitin. Turnitin is a web-based tool that
supports the development of good academic practice when preparing written work for assessment.
This text-matching tool allows academic staff to check assignments for improper use of sources or
potential plagiarism by comparing it against continuously up-dated databases (including web-pages
and other student work).
Regulations
Please see the Programme Handbook an outline of the principles and operation of the Exceptional
Circumstances Policy within Oxford Brookes University and links to the University Regulations.
22
Oxford Brookes University
Each assessment component of module coursework has its own resit task, so you would only have to
resubmit the task(s) for the coursework(s) which you did not pass.
The full mark for any assessment component of assessment passed at first sit will go forward to be
combined with any capped marks achieved at resit in accordance with weightings stipulated in the
module description
Please also see Programme Handbook for details of the Resit and Retake Policy within Oxford
Brookes University and links to the University Regulations.
If you are not too confident in the accuracy of your written English, you may want to ask someone to
help you by checking your work. However it is important that this is not done in such a way that you
are committing academic misconduct, which could result in disciplinary action. University guidance
can be found at:
http://www.brookes.ac.uk/Documents/Regulations/Current/Other/E21-Guidance-on-Proofreading/
In addition, if a checking or proofreading service is used, the Faculty of Humanities and Social
Sciences requires you to declare this at the front of your work, giving the name of the person who did
this for you.
https://www.brookes.ac.uk/regulations/current/appeals-complaints-and-conduct/c1-1/c1-1-4/
23
Oxford Brookes University
Oxford Brookes Faculty of Humanities and Social Sciences promotes an inclusive learning
environment in which individuals are valued and supported in achieving their full potential. The
Faculty endeavours to meet its duties under the Equality Act 2010 to eliminate unfair discrimination
and promote equality of opportunity and good relations among members of the university
community. For the university statement on equality, diversity and inclusion please see
https://www.brookes.ac.uk/staff/human-resources/equality-diversity-and-inclusion/edi-at-brookes/
24