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

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’

Evidence that some students find independent

learning challenging

Figures 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:

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

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 orunderperform

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

‘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?.....

‘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 ……………………

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

Lecture delivery

Examples ……

General Principles of Crime

Manslaughter

Manslaughter

Voluntary manslaughter Involuntary 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

Wounding and causing

grievous bodily harm with intent

The Hearsay Rule

Hearsay exceptions

There are 23 exceptions in total!

However…we are only studying 4 of the exceptions in depth

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

Character Evidence

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

Feedback re: power point lectures

89 criminal law students - bar graphs

30 evidence students - pie charts

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“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 the lectures”

• “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!”

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

• 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

Rate the content of the lecture booklets (%)

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Rate the amount you learn from the booklets (%)  

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Rate usefulness of extra questions & answers in the booklets (%)

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• 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”

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

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

Structure / flow charts …..

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

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 discuss3. 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

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

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)

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

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Suggested Bullet point answers…..

( In the survey 89% of 209 said they find suggested answers to seminar questions very helpful)

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.”

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 Williams and 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

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Rate usefulness of suggested answers to seminar questions (%)

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• “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”

Rate amount you generally learn in seminars

  

Rate amount you generally learn in seminars– 85

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• Provided via WebCT

• In relation to specific topics

– Pre-reading for forthcoming lectures– Revision charts and quizzes– Essential cases list

Other learning support

• General support ( in subject handbooks and on webCt)

– Exercise in question spotting ( types of question)

– Common errors in answering questions

Webct

(screen -switch programmes )

“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” 

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

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

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

• 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

• Providing lecture notes is a waste of time as students make their own notes anyway

– Students should and do make their own notes, but as the feedback shows, many base their notes on their lecture materials and add from their own reading . This does not make the provision of notes a waste of time

• They also encourage students to become lazy or ‘switch off’

– There is a danger here in lectures, but as shown, this can be avoided

• The support de-motivates some students and discourages them from engaging in their own independent research

– I have seen no evidence of this. The student feedback re: criminal law and evidence is from across a range of abilities

– The feedback from the general survey (209) shows that students are not discouraged by the level of support ……

– ….only 3% said suggested answers discourage seminar preparation

Conclusion:

• Extra support including quite detailed lecture notes and suggested answers increases confidence and the will and ability to learn

• Impact on grades is difficult to assess, but noticeable difference in exam performance re structure

Thank you for your kind attention

C.A.Withey@gre.ac.uk