Department of Law University of Greenwich

1. The fine line between spoon-feeding and educational support: Adapting to the needs of students challenged by the study of Criminal Law and the Law of Evidence Department of Law University of Greenwich Carol Withey

2. Aims of this session • To discuss how some students find independent learning challenging • To identify reasons for this • To explore strategies to enhance the understanding of those struggling ( using Criminal Law and Evidence as examples ) • To assess whether these strategies enhance understanding and whether they impact on the ability to study independently (or dissuade it ) • To discuss possible criticisms including whether this is ‘spoon feeding’

3. Evidence that some students find independentlearning challengingFigures taken from “Effective strategies for teaching and learning law: an analysis of student experience and perception”- SLS conference paper 10/9/2009 I devised a 20 question survey regarding effective ways to enhance understanding of the law : • over 200 law degree students responded • from 4 different institutions The feedback provides some interesting data:

4. 58% find textbooks challenging or difficult to read 71% find cases and case books challenging or difficult to read 60% find articles challenging or difficult to read 73% lose track in lectures when required to watch, listen and write at the same time and only 32% of students pay attention throughout lectures 78/99 who made a comment on negative aspects of learning (compared with school) expressed difficulty with independent study, the level of effort required and the difficulty of the work

5. For many the gap between school / university study is too wide: students are required to make a substantial leap in terms of what is expected of them • Many students lack the confidence to learn on their own • This can remain a problem even in year 3 • Students can disengage with their studies or underperform

6. Possible explanations • School practice of checking course work (drafts) • Practice of ‘cutting and pasting’ without internalising material • Parental input • Over reliance on the internet and non specialist sources : “Wikipedia is God” • Modern day distractions / way of life – books take a ‘back seat’ • Modern life possibly affects attention span • Widening access to higher education

7. ‘Bridging the gap’- strategies to enhance understanding/increase ability to study independently Subjects taught - Criminal Law ( Yr 2 ) The Law of Evidence ( Yr 3) • Taught to a wide variety of students over 12 years • Tried various teaching strategies - ‘hands on’ and ‘hands off’ • And the winner is?.....

8. ‘Hands on support’ • My aim: • To provide relatively detailed lecture notes and other learning resources in order to: • engage students • increase their confidence and ability to work independently • enhance their learning • Examples ……………………

9. Lecture delivery In the survey 96% of 209 students said that visual aids increase understanding • Emphasis on visual aids • Bright and colourful PowerPoint lectures • Animation • Sound effects • Humour where appropriate

10. Examples ……

11. General Principles of Crime

12. Manslaughter

13. Manslaughter Voluntary manslaughterInvoluntary manslaughter 1. Diminished responsibility 1. Unlawful & dangerous act manslaughter 2. Provocation 2. Gross negligence manslaughter 3. Killing in pursuance of suicide 3. Reckless manslaughter pact

14. Wounding and causing grievous bodily harm with intent

15. The Hearsay Rule

16. Hearsay exceptions There are 23 exceptions in total! However…we are only studying 4 of the exceptions in depth

17. Elements of a hearsay statement (1) A Statement s. 115(2) CJA 2003 defines a statement as : “any representation of fact or opinion made by a person by whatever means; and it includes a representation made in a sketch, photofit or other pictorial form” ‘Whatever means’ includes oral statements, written statements and statements by conduct • Oral statements - Sparks v R - W said to X “it was a coloured boy” • Written statements - Patel v Comptroller of customs - “produce of Morocco” on seed bags • Statements by conduct- Chandrasekera v R - W with slit throat gestured to X that D did it

18. Character Evidence

19. Websites for free animations and sound effects http://www.partnersinrhyme.com/pir/PIRsfx.shtml http://www.animationlibrary.com/ http://www.free-animations.co.uk/animation.html http://www.getsmileyface.com/fighting-smileys.html http://www.a1freesoundeffects.com/people.html

20. Feedback re: power point lectures 89 criminal law students - bar graphs 30 evidence students - pie charts

21. Rate the power point presentations (%)

22. “Lectures are very fascinating and interesting, not just myself but other students are much more focused” “The most random use of visuals I have seen in a lecture; but in a good way” “The drawings are funny and surprising- my brain is really engaged in lectures” “ I love the sound effects etc, it makes the lecture fun. I learn a lot from thelectures”

23. “The presentations are engaging and I usually remember the cases by remembering the presentations - I learn a lot from the lecture, and when I get back to my notes they are not alien to me” “I have never been able to remember so many cases as after your lectures” “The visual images help in remembering cases and it is one of the lectures that I stay focused in. It is clear and consistent and highly organised “ “I like the power points; they have amusing bits to lighten up the hard memorising!”

24. Lecture notes In the survey 98% of 209 like to be given lecture notes 60% prefer detailed notes and not to have to write notes at all

25. My lecture booklets( see examples handed round) • Followed during lectures • Detailed content – students can concentrate on watching & listening during lectures • Intermittent blank boxes to write in case details or principles of law - maintains attention and accommodates kinesthetic learners • Questions after chunks of topics – can be attempted at home – suggested bullet answers at back • Graphics/ cartoons where possible

26. Rate the content of the lecture booklets (%)

27. Rate the amount you learn from the booklets (%)

28. Rate usefulness of extra questions & answersin the booklets (%)

29. Easy to read and understand and read again – I learn a lot from the booklets. They help when you are at home before you begin reading a daunting textbook” • l like the fact that if you miss something you have it in the lecture booklets” • “Easy to follow and not like a textbook, I learn large amounts from the booklets” • “The questions in the booklet after every topic were really useful”

30. Other points regarding lectures • In the learning survey many students requested more interaction - difficult …. • Possible use of personal response system ( clickers) during ‘breaks’ • System for about 150 students = approx £5,000. I am going to trial PRS using student mobile text this term

31. Seminars • Strong emphasis on how to structure questions ( flow charts for each topic) • Suggested bullet point answers to all seminar questions via WebCT ( note that 89% said these are very helpful and only 3% said they dissuaded them from doing the work) • Those with poor attendance are denied access until they show evidence of the work

32. Structure / flow charts ….. In the survey 75% of 209 said they find advice on structuring answers “very useful”……….65% find flow charts very useful…..

33. General structure for all Criminal Law problem questions 1. Identify ( chronologically) where the first offence could have occurred ( even if there is a more serious offence later in the facts) 2. State which the part of the facts you are about to discuss 3. Identify the relevant offence (if OAP consider the most serious first ( except with ABH) 4. Establish elements of AR ( focus on those problematic and only discuss causation in depth if an issue regarding it arises) 5. Establish MR – ensure you provide a brief explanation of what intention / recklessness /maliciousness means when mentioning for the first time 6. Are there any applicable defences? If yes, discuss the elements of the defence/s here ( even if they affect AR or MR). If no applicable defence skip this hurdle 7. Conclude- guilty or not guilty? 8. If not guilty could D be guilty of an alternative offence? If so, follow the whole structure again for this offence

34. Establishing the offence of unlawful and dangerous act manslaughter Did D perform an unlawful act? No No offence ( an omission does not suffice ) Yes Did the unlawful act amount to a crime?No No offence (a civil wrong does not suffice- you should have established this base offence already as an offence in its own right) Yes Was the unlawful act dangerous? No No offence (would a RP have appreciated the risk ( D guilty of the base offence) of some physical harm resulting from the act?) Yes Did the unlawful act cause V’s death? No No offence (consider factual and legal causation, esp. ( D guilty of the base offence) drug suppliers and escape cases) Yes D guilty of UDAM

35. Establishing Hearsay (A) Give definition / rule of inadmissibility in s.114(1) CJA 2003 & discuss rationale behind the rule (B) Then establish the various elements required (i) There was a statement –s.115(2) Can be oral , written, by conduct . A statement states a matter as per s.115(3) if purpose is to make another believe the matter ( so implied statement no longer hearsay) (ii) The statement was not made in oral evidence ( out of court statement) (iii) The statement was relied on as ( truth of) evidence of matters stated If no = non hearsay If yes = hearsay Original evidence Truth of content irrelevant, but making of statement is - circumstantial evidence of a Proceed to consider whether any fact in issue ( now includes exception applies implied hearsay)

36. Rate the emphasis on how to structure answers / flow charts (%)

37. Suggested Bullet point answers….. ( In the survey 89% of 209 said they find suggested answers to seminar questions very helpful)

38. Example – Criminal law- UDAM “Neelam was attacked by Kane who tried to sexually assault her. Neelam tried to escape by jumping over a 10 foot wall. Neelam fell to the ground and died. Discuss the criminal liability of Kane in relation to UDAM only. You may assume that the base offences were battery and sexual assault.”

39. Identify parts of facts • When N died from the fall ….K may have committed UDAM • Identify and define most serious offence (disregarding murder) • UDAM = D committed and unlawful act (base crime) which was dangerous and which led to death.( common law offence) • Establish AR • Unlawful act? – must be a crime - the base offences were sexual assault and battery …..Dangerous? explain & apply Church test :a RP would foresee a physical attack could subject N to some harm ….. • Did the act cause death? - Factual causation- ‘but for the attack she would not have escaped fallen and died… • Legal causation – discuss possible intervening act (of the victim - escape). Consider if the escape ‘broke’ the chain of causation. Consider Roberts ( give facts) : D still the cause if V’s escape was reasonably foreseeable( not daft and foolhardy) .Also consider Williamsand Corbett • Apply to facts - jumping over 10 ft wall was RF – chain in tact. • Establish MR • The only MR is to the initial battery/ sexual assault, as established • Defences? • None here ( but not asked to discuss anyway-so no need to mention) • Conclude • Kane guilty of UDAM

40. Rate usefulness of suggested answers to seminar questions (%)

41. “At the beginning I was completely lost as to how to structure a problem question. I have been using the template since the first week and find that it helps” • “The structure for answering questions is really useful and a technique to remember” • It is good to have suggested answers. It shows whether you are on the right track or not” • “The answers are very good to find out where I went wrong” “

42. Rate amount you generally learn in seminars Rate amount you generally learn in seminars– 85

43. Other learning support • Provided via WebCT • In relation to specific topics • Pre-reading for forthcoming lectures • Revision charts and quizzes • Essential cases list

44. General support ( in subject handbooks and on webCt) • Exercise in question spotting ( types of question) • Common errors in answering questions

45. Webct (screen -switch programmes )

46. “Webct is great! So much fun to go on to” “Thank you for all the extra resources you have provided in your spare time that you did not have to do” “Thanks for the revision quiz on webct, it is very useful. Looking forward to more”

47. Impact on learning • The student feedback indicates that this level of support does impact on learning • The support enables students to grasp the essentials of a topic and to gain confidence • This platform encourages students to conduct their own additional independent research and reading

48. Criticisms • This level of support is ‘spoon-feeding’ • Degree students should be responsible for their own learning • This level of support defeats the purpose of the degree ethos- we should be giving less support , encouraging independent learning and critical analysis • It is a waste of time providing detailed notes as students like to make their own notes anyway • Students become lazy or ‘switch off’ • Students are de-motivated re: conducting independent research

49. Responses : • Spoon-feeding • The support does not involve draft reading of work • The support does not involve a ‘correction service’ • The support does not involve seminar questions and suggested answers that closely mirror exam and assignment questions • The support does not involve teaching to the exam • The support does not include case lists for exams • The support does not exclude the requirement for independent research

50. Degree students should be responsible for their own learning • This remains the case • This level of support defeats the purpose of the degree ethos • Degrees of course require independent learning, but the feedback shows that students need a sound grasp of basics before they can learn independently • Students are still expected to engage in research and demonstrate critical analysis etc