Criminology for Criminal Lawyers

• In Event: Advances in Teaching Methods

Abstract

Criminology is the study of causes, accounts of and responses to crime, whereas criminal law is the body of law that determines whether a defendant may be punished for a criminal infraction by the state, and the quantum of that punishment. The benefits of criminologists and criminology students having a basic understanding of criminal law are well established (e.g. Cross 2020; Ashworth 2011). Yet the pedagogical literature is sorely lacking a mirrored account of how would-be criminal lawyers might benefit from a grounding in criminology. This paper presents the results of a preliminary study of the benefits for criminal lawyers of studying criminology, focusing on common law jurisdictions around the world. After reviewing the criminological course offerings for law students at a representative sample of major universities across the common law world, the paper proceeds to relay the more obvious ways that criminal law students stand to benefit from studying an elective in criminology (as future lawmakers and judges developing the criminal law; in arguing bail applications, mental state defences and sentencing submissions, and in engaging with social services personnel, police, and crime victims). Finally, the paper reveals the results of a survey of more than 1000 pro-bono criminal lawyers, barristers and prosecutors in Hong Kong, identifying the other subtle ways that studying criminology did, or could have, helped these legal professionals with their early years in criminal practice.

Author

• Daniel Pascoe, School of Law, City University of Hong Kong