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2023 unit information
For M729 (Juris Doctor) students only
MLJ701 and MLJ703
Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.
Online independent and collaborative learning activities (2 hours) + 2 hour online seminar (live streamed and recording provided) per week
In modern bureaucratic societies procedural rules and law have great significance. This unit examines criminal procedure law and policy within its social and historical context, exploring how the goals of efficiency and concern for victims have shaped the contemporary law of criminal procedure. The enduring tension in criminal procedure between effective crime investigation and the protection of civil rights is investigated in a number of selected topics, including police powers (arrest, search and seizure, fingerprinting, forensic procedures, questioning) and the supervisory role of courts in protecting the right of an accused to a ‘fair trial.’ Each topic is considered through an exposition of relevant law, followed by in-depth discussion of particularly significant law reform initiatives, policy debates and/or historical development.
Examine and explain the statutes and case law shaping the law of criminal procedure and the operation of the criminal justice system.
GLO1: Discipline-specific knowledge and capabilities
ULO2
Construct and present a persuasive oral narrative to justify or oppose the granting of bail.
GLO2: Communication
ULO3
Critically evaluate contemporary developments relating to principles and policies of criminal procedure.
ULO4
Critically analyse complex criminal procedural issues and apply principles of law to advise on the rights and obligations of key stakeholders in the criminal justice system.
GLO5: Problem solving
The assessment due weeks provided may change. The Unit Chair will clarify the exact assessment requirements, including the due date, at the start of the teaching period.
The texts and reading list for the unit can be found on the University Library via the link below: MLJ707 Note: Select the relevant trimester reading list. Please note that a future teaching period's reading list may not be available until a month prior to the start of that teaching period so you may wish to use the relevant trimester's prior year reading list as a guide only.
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