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Criminal Process: a Human Rights Framework - LAWS8125

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: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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

Criminal Justice and Criminology
Human Rights and Social Justice

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