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Comparative Criminal Justice: From Investigation to Trial - LAWS3009
Students

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course provides a grounding in comparative law study, focusing on aspects of policing, prosecution and criminal trial practice in various jurisdictions.


LLM Specialisations

Human Rights and Social Justice; Asian and Comparative Law; Criminal Justice and Criminology.

Recommended Prior Knowledge

None

Course Objectives

The course will provide an opportunity for students to develop knowledge and understanding of how other systems of criminal process function and their understanding of important legal and law-related issues within a comparative framework. It will offer an opportunity for students to sharpen their critical analytical skills and develop their ability to undertake independent high quality research and to structure, write and develop a thesis on a criminal justice topic within a comparative context.

Main Topics

  • The dynamics of transplanting legal cultures into a legal system
  • Political thought, the role of the state and the criminal justice system
  • Bill of Rights - do they make a difference?
  • Selected aspects of policing practices eg police questioning, public order policing, prostitution & policing
  • Plea bargaining issues in different legal cultures
  • Restorative justice practices
  • Trial processes: inquisitorial or adversarial; convergence, divergence; whose in charge and does it matter?
  • The significance of accusatorial justice
  • Fair trial notions: child defendants, sexual assault trials etc.
  • Different types of jury trials in different jurisdictions

Assessment

In-class presentation: Mandatory for LLM. Optional for LLB 20% (10% if court questionnaire used)
Class participation: Participation in class discussion 10% (LLB students may opt for 30%)
Criminal court fieldwork: To be completed outside class times. Mandatory for LLB and LLM students from non-common law jurisdictions 10%
Court questionnaire: Optional and only available for LLB and LLM students from non-common law jurisdictions. 10%
Research essay:
LLB: 3,000 - 3,5000 words. LLM: 4,000 - 5,000 words. Due last day of session
 70% (60%-90% maximisable for LLB students)
 

Course Texts

Prescribed
Pakes, Francis, Comparative Criminal Justice, Willan Publishing, 2004

Recommended
None

Resources

Additional course materials, available from the UNSW Bookshop from mid February and a course website will provide additional readings and be used, with email, for circulating messages relating to the course.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.