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Criminal Process: a Human Rights Framework - LAWS8125
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9285 or 5285 or 9220 or 5750 or 9211 or 5211.
 
 
Excluded: JURD7525
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course examines core common law precepts shaping criminal justice processes through the lens of human rights jurisprudence. It does this by traversing the law and practice in various jurisdictions with a focus upon police arrest, search, questioning and also criminal trial processes. These themes are analysed from the perspective of human rights jurisprudence incorporating the rights to liberty, privacy, the privilege against self-incrimination and the various legal obligations bundled under fair trial rights (such as the presumption of innocence, equality of arms, ‘speedy’ trial and ‘confrontation’ rights). The course pursues this intersection of the common law and human rights jurisprudence through current issues, systemic pressure points and key topics that may vary from year to year. Students from both common law and human rights traditions are encouraged to explore areas of special interest.

LLM Specialisations

Recommended Prior Knowledge

While some knowledge of criminology and criminal justice is useful, there will be no assumption that students possess such knowledge prior to commencing the course.

Learning Outcomes

  • Demonstrate a sophisticated understanding of key concepts of criminal process rights contained in human rights instruments;
  • Demonstrate an appreciation of the differences between common law obligations and human rights jurisprudence in relation to criminal process law;
  • Engage in debate concerning the relationship between the common law and human rights jurisprudence in relation to criminal process issues;
  • Undertake advanced legal research on criminal justice issues across common law and European jurisdictions.

Main Topics

  • police arrest, search, and questioning
  • criminal trial processes
  • human rights
  • rights to liberty, privacy, the privilege against self-incrimination
  • presumption of innocence,
  • equality of arms,
  • ‘speedy’ trial
  • ‘confrontation’ rights

Assessment

Class participation 10%
Class presentation 30%
Research essay 60%

Course Texts

Prescribed
Gans J, Henning T, Hunter J & Warner , Criminal Process in a Human Rights Framework, Federation Press, TBP September 2011
Recommended
Please refer to the course outline for detailed reading list.

Resources

Please refer to the course outline for detailed reading list.

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.