Credit Points 10

Legacy Code 200015

Coordinator Francine Feld Opens in new window

Description The subject is designed to provide an understanding of the law, the theoretical underpinnings and the underlying policy issues, in the areas of evidence and criminal procedure.

School Law

Discipline Criminal Law

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 4 subject

Pre-requisite(s) LAWS 2004

Learning Outcomes

On successful completion of this subject, students should be able to:

1. Explain selected theories and rationales underlying the policy and processes of criminal procedure and evidence.
2. Interpret, analyse and apply the statutory and common law rules of evidence and criminal procedure as they operate in a practical context in New South Wales.
3. Understand the circumstances and needs of Aboriginal and Torres Strait Islander peoples in criminal courts, procedures and processes.

Subject Content

1. The nature of the adversarial trial in the criminal context
2. Alternative rationales underlying the Uniform Evidence Acts and the common law
3. Forms of evidence
4. Theories of proof and relevance
5. Standards and burden of proof
6. Rules of exclusion including, hearsay, opinion, admissions, tendency and coincidence, character, credibility, identification evidence
7. Privileges
8. Rules and principles of questioning witnesses and tendering documents
9. Judicial warnings, comment and directions
10. Mandatory and discretionary exclusions and the limitations on evidence
11. Prosecutorial and defence ethics
12. The law governing procedure before a criminal trial including arrest
13. The needs of Aboriginal and Torres Strait Islander peoples in criminal courts, procedure and processes