EVIDENCE AND CRIMINAL PROCEDURE

LAW5EVP

2018

Credit points: 15

Subject outline

This subject deals with the rules of evidence in civil and criminal cases, and with the rules of criminal procedure. These rules have evolved to enable court cases to be conducted in a manner that is deemed to be fair to all parties and, increasingly, to promote the interests of the state in ensuring the efficient disposal of cases by the courts. The law of civil procedure is dealt with in a separate subject. Evidence and Criminal Procedure is a compulsory unit for the LLB. This subject, in conjunction with Criminal Law, meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of Criminal Law and Procedure. It also meets the requirements in the area of Evidence.



SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorGideon Boas

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5PCL Must be enrolled in JD, Master of Law

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsEvidence and Criminal procedure Unit MaterialsPrescribedLatest editionAvailable from the La Trobe University Book shop
ReadingsCriminal Investigaton and Procedure in VictoriaPrescribedCornes C Latest editionThomson Reuters Lawbook Co.
ReadingsEvidence Act 2008 (Vic)Prescribed2008Available on-line
ReadingsUniform Evidence Law Commentary and MaterialsPrescribedKumar Odgers and Peden latest ed.Thomson Reuters

Graduate capabilities & intended learning outcomes

01. Students will be able to identify, analyse and provide sophisticated legal advice in relation to complex legal issues arising from relevant factual scenarios, by applying a conceptual framework that recognises both the legal rights of citizens in relation to State action and the rights of investigators

Activities:
Seminar discussion of fact situation analysis, assessment activities
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills

02. Students will be able to generate sustained, persuasive, critically evaluative arguments in relation to a policy issue related to criminal investigation.

Activities:
Lecture and seminar modelling and discussion, assessment activities
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills

03. Students will be able to facilitate inclusive practices in team decision making and make strategic contributions in a joint collaboration.

Activities:
Preparation for Moot assessment. Lecture and seminar modelling and discussion. In class discussion and debate of cases.
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills

04. Students will have developed more proficiently various generic skills, such as legal drafting and oral advocacy, in a legal environment.

Activities:
Assessment activities
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills

05. Students will be able to present engaging and persuasive oral arguments using language and etiquette appropriate to their audience in a simulated hearing in a mock criminal court (a 'Moot').

Activities:
Seminar and assessment activities
Related graduate capabilities and elements:
Discipline -Specific Knowledge and Skills

Subject options

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Start date between: and    Key dates

City Campus, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorGideon Boas

Class requirements

Lecture/Seminar Week: 10 - 22
One 2.5 hours lecture/seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Unscheduled Online Class Week: 10 - 22
One 6.0 hours unscheduled online class per study period on weekends during the day from week 10 to week 22 and delivered via online.

Assessments

Assessment elementComments% ILO*
Mooting Examination (3500 words equivalent)60 01, 02, 03, 04, 05
Mid-semester Assessment (2000 words)40 02, 04, 01

City Campus, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorGideon Boas

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.5 hours lecture/seminar per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 6.0 hours unscheduled online class per study period on weekdays during the day from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Mooting Examination (3500 words equivalent)60 01, 02, 03, 04, 05
Mid-semester Assessment (2000 words)40 02, 04, 01