Year
2016
Units
4.5
Contact
1 x 2-hour seminar weekly
Prerequisites
1 CRIM1101 - Crime and Criminology
2 CRIM1102 - Criminal Justice System
Must Satisfy: (1 and 2)
Topic description
The Criminal Process and the Courts introduces students to issues, principles, and procedures relating to the administration of justice, particularly as this relates to the criminal process. Students will be exposed to issues in adversarial due process, principles at stake in the independence of the court and the judiciary and in state responsibility to maintain a rule of law, and to accounts of how the accused, victims and other parties are treated or shaped by the criminal process. The topic will canvass state, national and international experience.
Educational aims
The aim of this topic is to provide a broader understanding of:

  • the criminal process in Australia and abroad

  • fundamental principles such as due process, rule of law, accountability and transparency of the courts

  • court dynamics that shape and influence how parties are involved and affected by the system (the accused, the victims, the jury, etc.)
Expected learning outcomes
On completion of this topic students will be able to:

  • identify the key principles and criminological theoretical debates about criminal process and courts in Australia and abroad

  • compare and contrast traditional and innovative justice

  • compare and contrast the adversarial and inquisitorial justice systems

  • apply perspectives on judicial and/ or prosecutorial reasoning to observed practices of courts

  • critically evaluate perspectives on judicial and / or prosecutorial reasoning

  • compare and contrast the investigative, trial and sentencing stages of criminal process