MLJ707 - Criminal Procedure and Policy

Unit details

Year:

2021 unit information

Important Update:

Unit delivery will continue to be provided in line with the most current COVIDSafe health guidelines. This may include a mix of on-campus and online activities. To find out how you are impacted, please check your unit sites for announcements and updates. Unit sites open one week prior to the start of each Trimester/Semester.

Thank you for your flexibility and commitment to studying with Deakin in 2021.

Last updated: 4 June 2021

Enrolment modes:Trimester 2: Cloud (online)
Credit point(s):1
EFTSL value:0.125
Unit Chair:Trimester 2: Theo Alexander
Cohort rule:

For M729 (Juris Doctor) students only

Prerequisite:

MLJ701 and MLJ703

Corequisite:Nil
Incompatible with: Nil
Typical study commitment:

Students will on average spend 150 hours over the teaching period undertaking the teaching, learning and assessment activities for this unit.

Scheduled learning activities - cloud:

1 x 2h class (recordings provided) + 2h online seminar (live streamed and recordings provided)

Content

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.

ULO These are the Learning Outcomes (ULO) for this unit. At the completion of this unit, successful students can: Deakin Graduate Learning Outcomes
ULO1

Explain the various stages in the criminal justice system involving the investigation initiation processing and resolution of criminal matters

GLO1: Discipline-specific knowledge and capabilities

ULO2

Explain and apply the law that governs police powers of arrest search and seizure obtaining fingerprints and conducting forensic procedures on a suspect

GLO1: Discipline-specific knowledge and capabilities

ULO3

Explain and apply the principles of law that decide whether bail is granted

GLO1: Discipline-specific knowledge and capabilities

ULO4

Effectively communicate a bail application

GLO2: Communication

GLO6: Self-management

ULO5

Apply the principles of law that govern the admissibility at trial of selected types of evidence including

GLO1: Discipline-specific knowledge and capabilities

GLO6: Self-management

ULO6

Critically evaluate contemporary developments such as the decreasing availability of legal aid and consider how this impacts on trial procedure and the provision of a ‘fair’ trial

GLO4: Critical thinking

GLO5: Problem solving

GLO6: Self-management

These Unit Learning Outcomes are applicable for all teaching periods throughout the year

Assessment

Assessment Description Student output Grading and weighting
(% total mark for unit)
Indicative due week 
Assessment 1: (Individual) Oral Presentation Bail Application 2000 words 20% Week 8
Assessment 2: (Individual) Multiple Choice Test 30 minutes 20% Week 10
Examination 2 hours 60% Exam period

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.

Learning Resource

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.

Unit Fee Information

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