LAWS 4004 Criminal Procedure and Evidence

Credit Points 10

Legacy Code 200015

Coordinator Francine Feld Opens in new window

Description The unit 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

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

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Item Length Percent Threshold Individual/Group Task
Take-home examination 48 hours; 2000 words. 20 N Individual
Quizzes 4 quizzes. 10 questions per quiz. Each question worth 0.5 marks. 30 minutes duration per quiz. 20 N Individual
Final Examination 3 hours - closed book 60 N Individual

Prescribed Texts

  • Andrew Hemming, Francine Feld and Thalia Anthony, Criminal Procedure in Australia (LexisNexis, 2019)
  • Francine Feld, Theo Alexander and Mirko Bagaric, Uniform Evidence Law: Principles and Practice (Wolters Klowers CCH, 2nd ed, 2015).

Teaching Periods

2022 Semester 1

Campbelltown

Evening

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Parramatta - Victoria Rd

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