MISCARRIAGE OF JUSTICE
LAW5MCJ
Not currently offered
Credit points: 15
Subject outline
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.
School: La Trobe Law School (Pre 2022)
Credit points: 15
Subject Co-ordinator: Marc Trabsky
Available to Study Abroad/Exchange Students: Yes
Subject year level: Year Level 5 - Masters
Available as Elective: No
Learning Activities: N/A
Capstone subject: No
Subject particulars
Subject rules
Prerequisites: LAW5PMI LAW5PCLLAW5EVPMust be admitted to the Juris Doctor Degree (LMJD), or have permission from the Director of the LMJD program
Co-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/A
Quota Management Strategy: N/A
Quota-conditions or rules: N/A
Special conditions: N/A
Minimum credit point requirement: N/A
Assumed knowledge: N/A
Career Ready
Career-focused: No
Work-based learning: No
Self sourced or Uni sourced: N/A
Entire subject or partial subject: N/A
Total hours/days required: N/A
Location of WBL activity (region): N/A
WBL addtional requirements: N/A