MISCARRIAGE OF JUSTICE
Not currently offered
Credit points: 15
Students will study miscarriages of justice from an international comparative perspective, using case studies. The subject will be grounded in a detailed review of fundamental principles underlying the operation of the criminal justice system including: Human rights and the rule of law in criminal cases; Police investigative, interrogative culture, practices; and the role and duties of prosecutors, expert witnesses.Case studies from Australia, Canada, Britain will be used to illustrate examples of issues that can give rise to miscarriages of justice, including: The role of investigators, police and prosecutors; False and unreliable forensic science and forensic pathology evidence; Vulnerable eye-witnesses, informants and false confessions; and Conduct of defence counsel and judges.Options for addressing miscarriages of justice by way of systemic development and reform will be examined, including: The evolution of the appeal structures and pardoning systems; Special review procedures; Pardons and judicial inquiries; statutory rights of appeal; Criminal Cases Review Commission; and Compensation for wrongful convictions.
SchoolLa Trobe Law School
Subject Co-ordinatorEmma Henderson
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Prerequisites LAW5PMI LAW5PCL LAW5EVP
Special conditions Must be admitted to the Juris Doctor Degree (LMJD), or have permission from the Director of the LMJD program
Graduate capabilities & intended learning outcomes
01. Exercise critical judgment to detect adverse outcomes in the post-appeal review phase in a criminal case.
- Lectures, seminars, scenario-based exercises and problem- solving.
02. Analyse, evaluate and synthesise complex information to succinctly the grounds upon which further review should be allowed in the post-appeal review phase in a criminal case or the basis upon which a further legal reform should be implemented.
- Lectures, seminars, scenario-based and/or issues-based exercises.
03. Apply cognitive, creative and communication skills to negotiate a successful strategy for the resolution of a difficult cases or issues.
- Case-based negotiation exercise.
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