LAW4564 · Miscarriages of justice

Overview

This subject explores what happens when the criminal justice system gets it wrong. Drawing on case studies, it examines the legal, forensic and sociological factors that contribute to miscarriages of justice and considers the human and social impact of these errors. The subject critically evaluates the checks and balances that are embedded in the criminal process and the extent to which they enable or hinder the identification and the correction of errors. It also examines the effectiveness of existing post-conviction review mechanisms, including appeals and inquiries. Comparative perspectives are integrated with a view to analysing emerging challenges and key areas of reform.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

1. Demonstrate an understanding of the doctrines, theories and procedures that underpin the criminal process and miscarriages of justice in Australia.
2. Collaborate effectively and accurately within a group when responding to questions relevant to the criminal process and miscarriages of justice.
3. Apply skills in legal research on legal and policy problems relevant to the criminal process and miscarriages of justice.
4. Critically evaluate contemporary issues and areas for reform relevant to the criminal process and miscarriages of justice in a comparative context.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.