The Criminal Trial is a course that grounds the study of the criminal trial by contextualising the impact of the law of evidence and advocacy practice while building on students' basic knowledge of the doctrine, principles and rules relating to criminal litigation. It builds on and extends students' studies in criminal law, criminal procedure, the law of evidence, legal profession and various clinical and experiental law courses, including Kingsford Legal Centre. It does this by providing a multidisciplinary framework that explicates the role of participants in the criminal trial process. Classroom discussion focuses on commentaries examining a variety of issues associated with the dynamics of criminal trials. These issues vary from year to year, allowing for topical themes to be developed but they include comparative analysis, human rights principles and various multidisciplinary perspectives including, the observations of historians, psychologists, sociologists, architects and linguists. A practice-orientation is an important component of the course as it assists to develop the rhetoric/reality theme that guides the course. It is fulfilled through guest speakers such as barristers and trial judges and through students fieldwork obligations. Outside classroom hours students must attend and observe criminal trials in progress. This observation requirement is built into the final assessment, which is an essay based comparing the conduct and practices of participants in observed trials with what the law expects, requires or assumes exists in relation to those participants.
Outside classroom hours students must attend and observe criminal trials in progress. This enables students to not only
learn about trial practice first hand but, with classroom discussion and the readings, better appreciate its relationship to
doctrinal theory. The observation requirement is also built into the final assessment, which is an essay-based analysis
with a choice between two topics. One topic asks students to compare the conduct and practices of participants in
observed trials with
what the law expects, requires or assumes. The other (alternate) topic requires students to explore a miscarriage of justice
scenario of their own choice. Finally, a number of guest speakers, such as barristers and trial judges, will contribute to the
course.
Main Topics
- notions of justice and process through history and architecture
- pre trial
- the criminal charge: indictments and their problems.
- negotiating charges, negotiating silence
- defending criminal charges & disclosure and other challenges
- human rights & the common law criminal trial
- prosecuting ethically: independence, fairness, disclosure.
- witnesses vs the right to test
- judges and juries
- appeals, innocence vs procedural justice
- coronial inquiries
