Unit rationale, description and aim
Law enforcement frequently involves a justifiable need to physically control people through arrest and detention. Knowing about and understanding the fundamental legal and procedural aspects surrounding these matters is necessary for anyone working in the field of criminology.
This unit is therefore concerned with the grounds upon which agents of the states physically control people, particularly in the context of investigating crime and laying charges. Focusing on case studies of encounters between police and individuals, students will first learn the fundamental legal and procedural aspects of arrest, and the grounds upon which people can be lawfully detained. Building on this, students will develop their understanding of the relevant rights and responsibilities in the common law, statutory law, and under relevant rights charters.
The aim of this unit is to help students develop the knowledge and understanding of the fundamental legal and procedural aspects of arrest, the grounds upon which people can be lawfully detained, and the social context of arrest and detention.
Campus offering
No unit offerings are currently available for this unitLearning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe the legal principles underpinning arrest ...
Learning Outcome 01
Evaluate the legality of arrests and detention hav...
Learning Outcome 02
Demonstrate understanding of the social context of...
Learning Outcome 03
Content
Topics will include:
- The purpose of arrest and detention in policing.
- Jurisdictional issues.
- Arrest without a warrant.
- Arrest with a warrant.
- Methods of arrest.
- Use of force.
- Personal search.
- Behaviour on arrest.
- Police detention.
- Forms of preventive detention.
- Police bail.
- Court bail.
Assessment strategy and rationale
The assessment tasks in this unit comprise a strategy that is integrated with the temporal and developmental sequence presented in the learning and teaching strategy above. In this way it has been explicitly created to support achievement of, and determination of, the unit Learning Outcomes.
The assessment in this unit will ensure that students understand key concepts in arrest and detention, understand case studies from the field (including national and international examples), demonstrate critical analytical skills through the resolution of hypotheticals about arrest and detention, and appreciate the social context of arrest, detention and bail.
This unit will be assessed by three assignments:
- a short written answer task focused on the requisite content knowledge,
- a mid semester assignment involving the resolution of hypothetical problems in case-studies of arrest and detention, and
- a final examination requiring a more extended analysis and resolution of a more detailed case study in which students have to show an understanding of the social context within which arrest, detention and bail are required.
Overview of assessments
Short answer task: Requires students to demonstra...
Short answer task: Requires students to demonstrate their ability to write a brief description of key terms in arrest and detention.
20%
Mid-term exam: resolution of hypotheticals to det...
Mid-term exam: resolution of hypotheticals to determine the legality of arrest and detention.
40%
Exam: One hypothetical situation requiring studen...
Exam: One hypothetical situation requiring students to determine the legality of arrest and detention and one essay question inviting students to consider the social context within which an arrest, detention and bail are required.
40%
Learning and teaching strategy and rationale
Law enforcement frequently involves a justifiable need to physically control people through arrest and detention. Knowing about and understanding the fundamental legal and procedural aspects surrounding these matters is necessary for anyone working in the field of criminology.
This unit is therefore concerned with the grounds upon which agents of the states physically control people, particularly in the context of investigating crime and laying charges. Focusing on case studies of encounters between police and individuals, students will first learn the fundamental legal and procedural aspects of arrest, and the grounds upon which people can be lawfully detained. Building on this, students will develop their understanding of the relevant rights and responsibilities in the common law, statutory law, and under relevant rights charters.
The aim of this unit is to help students develop the knowledge and understanding of the fundamental legal and procedural aspects of arrest, the grounds upon which people can be lawfully detained, and the social context of arrest and detention.
The online learning platforms used in this unit provide multiple preparatory and practice opportunities to guide in-class and out-of-class study. Technology assistance in the form of online learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience.
ACU Online
This unit uses an active learning approach to support students in the exploration of knowledge essential to the discipline. Students are provided with choice and variety in how they learn. Students are encouraged to contribute to asynchronous weekly discussions. Active learning opportunities provide students with opportunities to practice and apply their learning in situations similar to their future professions. Activities encourage students to bring their own examples to demonstrate understanding, application and engage constructively with their peers. Students receive regular and timely feedback on their learning, which includes information on their progress.