LAW5430 · Advanced evidence and proof in criminal litigation

Overview

Students will gain advanced skills in working with issues of evidence and proof in the criminal trial context. These will include critical analysis and evaluation of selected provisions of the Evidence Act 2008 (Vic) and the Jury Directions Act 2015 (Vic), especially in the context of serious criminal trials. The emphasis will be on placing evidence law in a broader context that is informed both by human rights principles, in particular those found in the Charter of Human Rights and Responsibilities Act 2006 (Vic), and by comparative perspectives. Students will also gain practical skills of factual analysis, reasoning, methods of analysing and marshalling evidence and problem-solving, and constructing, criticising and evaluating complex arguments. The syllabus will cover: advanced research, analysis and practical application in the criminal trial context of a selection of some of the more complex and contested rules of evidence; the extent to which evidence law safeguards the reliability of evidence; the evidential implications of criminal investigation; the implications of trial by jury; the quest for speed and efficiency in the process of proof; possible paths to reform of evidence law; and how to argue from and about evidence, both orally and in writing.

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. Investigate, analyse and synthesise methods of factual proof with reference to some of the more complex and contested issues of evidence law
2. Identify and evaluate practical difficulties in the gathering and presentation of evidence and evidentiary argument
3. Creatively generate and evaluate at an abstract level complex ideas and concepts relevant to evidence and proof in litigation, including how miscarriages of justice can be prevented by proper analysis and preparation
4. Communicate persuasively and effectively, orally and in writing and in a manner comprehensible both to legal professionals and to lay audiences such as clients, complex concepts relevant to criminal investigation, evidential principles, trial preparation, case presentation and proof
5. Demonstrate an appreciation of broader perspectives such as theoretical/normative, international/comparative and human rights perspectives

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning 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.