law5mcj miscarriage of justice

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.

SchoolLa Trobe Law School (Pre 2022)

Credit points15

Subject Co-ordinatorMarc Trabsky

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsNo

Available as ElectiveNo

Learning ActivitiesN/A

Capstone subjectNo

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-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

Intended Learning Outcomes

01. Exercise critical judgment to detect adverse outcomes in the post-appeal review phase in a criminal case.

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.

03. Apply cognitive, creative and communication skills to negotiate a successful strategy for the resolution of a difficult cases or issues.

Subject options

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Subject not currently offered - Subject options not available.