Handbook

This course examines core common law principles shaping criminal justice processes through the lens of human rights jurisprudence. It does this by traversing the law and practice in various jurisdictions. Its focus is upon the criminal trial process (the fair trial), police arrest (the right to liberty), search (the right … For more content click the Read More button below. As is readily apparent, 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 contemporary topics. Students from both common law and human rights traditions are encouraged to explore areas of special interest. It is a Masters of Criminal Justice and Criminology course; a Masters of Human Rights; it is also within the Criminal Justice/Criminology stream of the LLM and is a criminal justice elective in the JD program. Students with no criminal justice background in their studies, including prior courses in their UNSW Masters should contact Jill Hunter to obtain some advice on prior reading.