Course Outline. Code: LAW104 Title: Criminal Law and Procedure B

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1 Course Outline Code: LAW104 Title: Criminal Law and Procedure B USC Law School Teaching Session: Semester 2 Year: 2015 Course Coordinator: Associate Professor Kelley Burton Office No: JG.03G Phone No: kburton3@usc.edu.au 1. What is this course about? 1.1 Course description This course introduces you to criminal procedure. You will consider the operations of the criminal justice system in some detail, acquiring knowledge of police powers of investigation, arrest and questioning, bail, criminal trials, sentencing, and appeals against conviction and sentence. While the course deals primarily with criminal law and procedure in Queensland, you will also consider criminal procedure under Commonwealth law as well as comparative materials from other jurisdictions. 1.2 Course content This course is designed to develop knowledge and understanding of the following: The procedural steps in the criminal justice system Police powers when investigating a crime The protections available to an accused person before and after arrest The notion of a fair trial The range of sentencing options and the factors that influence individual sentences Victims compensation and notions of restorative justice The roles of the principal agencies in the criminal justice system 2. Unit value 12 units

2 Page 2 3. How does this course contribute to my learning? Specific Learning Outcomes On successful completion of this course you should be able to: Demonstrate knowledge of important rules of criminal procedure in Queensland Identify legal issues, apply legal reasoning and reach arguable conclusions in response to issues arising in criminal procedure Demonstrate knowledge of the ethical issues that may confront a criminal lawyer and explain appropriate professional responses to those issues Understand the various procedural steps followed in the hearing of a criminal matter by simulating the role of counsel in the moot court and observing a real life criminal case; and reflecting on these experiences Assessment Tasks You will be assessed on the learning outcome in task/s: 1, 2 and 3 Knowledgeable. 1 and 3 Empowered. 2 Ethical. 2 Empowered. Engaged. Graduate Qualities Completing these tasks successfully will contribute to you becoming: 4. Am I eligible to enrol in this course? Refer to the Coursework Programs and Awards - Academic Policy for definitions of pre-requisites, co-requisites and anti-requisites 4.1 Enrolment restrictions This course is available only to students enrolled in a Bachelor of Laws program. 4.2 Pre-requisites LAW Co-requisites LAW Anti-requisites Nil 4.5 Specific assumed prior knowledge and skills (optional) Knowledge and skills demonstrated by successful completion of Criminal Law and Procedure A (LAW103)

3 Page 3 5. How am I going to be assessed? 5.1 Grading scale Standard High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL) 5.2 Assessment tasks Task No. Assessment Tasks Individual or Group 1 Legal advice on police interview 2 Reflective journal 3 Open book examination Weighting % What is the duration / length? When should I submit? Individual 20% 1000 words Wednesday, Week 4 Individual 30% Six page structured proforma Individual 50% 2 hours of working time plus 30 minutes perusal time 100% In lecture 9 Central examination period Where should I submit it? In hard copy to USC Law School, with SafeAssign report In lecture, with SafeAssign report In exam venue Assessment Task 1: Legal advice on police interview Goal: The goal of this legal advice is to assess your understanding of police powers to detain and question a witness. You will be provided with a police interview transcript that mirrors a real life scenario and you will be assessed your legal problem solving skills. Product: Word processed legal advice. Format: This is an individual word processed legal advice to a partner of a law firm. Use size 12 Times New Roman font, 1.5 line spacing and 2 cm margins. Cite your authorities in accordance with the Australian Guide to Legal Citation (3 rd edition). Criteria Identifies the relevant legal issues in the factual problem. Explains the relevant rules of criminal procedure derived from statute and case law. Applies legal reasoning to the factual problem. Reaches arguable conclusions. Generic skill assessed Skill assessment level Problem solving Communication Assessment Task 2: Reflective journal Goal: The goal of this reflective journal is to assess your ability to reflect on criminal procedure; the roles of counsel and a Judge/Magistrate in a real courtroom; and your ability to simulate counsel. Product: Word processed reflective journal using a six page structured proforma. Format: This is an individual word processed reflective journal. Use size 12 Times New Roman font, 1.5 line spacing and 2 cm margins. Criteria Engages in reflective practice. Generic skill assessed Skill assessment level

4 Page 4 Problem solving Communication Assessment Task 3: Open book examination Goal: The goal of this open book examination is to assess your understanding of criminal procedure. You will be provided with two factual problems that mirror a real life scenario and you will be assessed your legal problem solving skills. Product: Handwritten legal advice. Format: This is an individual handwritten open book examination completed during the central examination period. You will be given 2 hours of working time and 30 minutes perusal time. All topics covered in this course are potentially examinable. Criteria Identifies the relevant legal issues in the factual problem. Explains the relevant rules of criminal procedure derived from statute and case law. Applies legal reasoning to the factual problem. Reaches arguable conclusions. Generic skill assessed Skill assessment level Problem solving Organisation 5.3 Additional assessment requirements Safe Assign In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks are submitted electronically via Safe Assign. This software allows for text comparisons to be made between your submitted assessment item and all other work that Safe Assign has access to. If required, details of how to submit via Safe Assign will be provided on the site of the course. Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4% b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: 5% (of the assessment task s identified value) per day for the first two days from the date identified as the due date for the assessment task. 10% (of the assessment task s identified value) for the third day 20% (of the assessment task s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.

5 6. How is the course offered? 6.1 Directed study hours On campus lecture: 2 hours per week On campus tutorial: 1 hour per week 6.2 Teaching semester/session(s) offered Semester 2 Page Course activities Teaching What key concepts/content will I Week / learn? Module 1 An overview of criminal process: from the commission of a crime to an appeal What activities will I engage in to learn the concepts/content? Directed Study Independent Study Activities Activities Lecture 2 Arrest, questioning, evidence gathering, and bail 3 Police investigative powers: search, seizure, surveillance and identification; investigative powers of special bodies for use in response to corruption, organised crime and terrorism 4 Compelling attendance at court, charges, summary hearings, special courts, Children s Court, committals and indictments 5 Police accountability, review of prosecutorial decisions 6 Fair trials, legal representation and jury directions 7 Burdens and standards of proof, verdicts Burton, Crofts & Tarrant, ch 2. Materials on. Burton, Crofts & Tarrant, [1.70]-[1.90]. 8 Sentencing considerations Burton, Crofts & Tarrant, ch Sentencing options; confiscation of profits Mid Semester Break 10 Victims compensation, diversionary programs and restorative justice 11 Appeals and other avenues for review of a conviction 12 Domestic violence orders 13 No class

6 Page 6 Study Period Central Examination Period End of Semester Break Please note that the course activities may be subject to variation. 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) Please note that you need to have regular access to the resource(s) listed below: Author Year Title Publisher There is no prescribed text for this course. 7.2 Required and recommended readings Lists of required and recommended readings may be found for this course on its site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. 7.3 Specific requirements Nil 7.4 Risk management There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the Health and Safety policies and procedures applicable within campus areas. 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: or StudentLifeandLearning@usc.edu.au 9. Links to relevant University policies and procedures For more information on Academic Learning & Teaching categories including: Assessment: Courses and Coursework Programs Review of Assessment and Final Grades Supplementary Assessment Administration of Central Examinations Deferred Examinations Student Academic Misconduct Students with a Disability Faculty/School specific information General enquiries and student support USC Law School Tel: Fax: law@usc.edu.au

7 Page 7 Assignment Cover Sheets The USC assignment cover sheet can be found on the USC Portal () at: USC Law School (Students) > Forms. It must be completed in full identifying student name, assignment title, tutor and tutorial time. This must be attached securely to the front of each assessment item prior to submission. Claims of loss of assignments will not be considered unless supported by a receipt. Hard Copy Submission to USC Law School There is a USC Law School Assignment Submission box in the foyer on the ground floor of J building, in front of the USC Law School. Please note that the foyer is under 24-hour CCTV surveillance. SafeAssign Submission If your course requests SafeAssign submission, there will be an electronic assessment submission area on under Assessment. You will need to agree to the Submission Declaration before you are able to see the submission area.