EVIDENCE AND CRIMINAL PROCEDURE
LAW5EVP
2017
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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Gideon Boas
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: Must be enrolled in Juris Doctor degree
Co-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/A
Special conditions: Must be admitted to the Juris Doctor degree
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Evidence and Criminal procedure Unit Materials | Prescribed | Latest edition | Available from the La Trobe University Book shop |
| Readings | Criminal Investigaton and Procedure in Victoria | Prescribed | Cornes C Latest edition | Thomson Reuters Lawbook Co. |
| Readings | Evidence Act 2008 (Vic) | Prescribed | 2008 | Available on-line |
| Readings | Uniform Evidence Law Commentary and Materials | Prescribed | Kumar 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:
- Inquiry/ Research(Inquiry/ Research)
- Critical Thinking(Critical Thinking)
- Teamwork(Teamwork)
- Creative Problem-solving(Creative Problem-solving)
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:
- Critical Thinking(Critical Thinking)
- Teamwork(Teamwork)
- Inquiry/ Research(Inquiry/ Research)
- Writing(Writing)
- Creative Problem-solving(Creative Problem-solving)
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:
- Teamwork(Teamwork)
- Critical Thinking(Critical Thinking)
- Inquiry/ Research(Inquiry/ Research)
- Information Literacy(Information Literacy)
- Speaking(Speaking)
- Writing(Writing)
- Creative Problem-solving(Creative Problem-solving)
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:
- Inquiry/ Research(Inquiry/ Research)
- Writing(Writing)
- Information Literacy(Information Literacy)
- Creative Problem-solving(Creative Problem-solving)
- Speaking(Speaking)
- Critical Thinking(Critical Thinking)
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:
- Speaking(Speaking)
- Critical Thinking(Critical Thinking)
- Creative Problem-solving(Creative Problem-solving)
City Campus, 2017, Semester 1, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Gideon Boas
Class requirements
Lecture/SeminarWeek: 10 - 22
One 2.0 hours lecture/seminar per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.
Lecture/WorkshopWeek: 10 - 22
Two 4.0 hours lecture/workshop other recurrence on weekends during the day from week 10 to week 22 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Examination-by-moot 3000 words | Students take the role of an advocate in a voir dire hearing in relation to the admissibility of evidence in a mock criminal trial in the County Court | 60 | 01, 02, 03, 04, 05 |
| Mid-semester Assessment 3000 words | Students provide legal advice in relation to a factual problem dealing mainly with criminal procedure. Students critically evaluate a policy issue related to criminal investigation. | 40 | 02, 04, 01 |