Criminal Justice in Australia and the US

Subject 730-767 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites:

Throughout this subject, debate and discussions will take place with the professor and several prominent Australian judges (federal and state, trial and appellate), practising lawyers and academics specialising in criminal justice.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should have:

  • An understanding of a number of key issues involving substantive criminal law in Australia, the United States and the United Kingdom
  • An understanding of a number of key issues involving criminal procedure in Australia, the US and the UK
  • An understanding of the tension between a desire for effective law enforcement and protection of individual liberties
  • An appreciation of the various factors that impact on the administration of the criminal justice system, including cultural, political, racial, gender and economic
  • A basic ability to engage in comparative analysis of three criminal justice systems that share a common heritage but have quite different features today
  • An awareness of several of the practical concerns that influence the administration of the criminal justice system, from the perspective of members of the judiciary and members of the bar.

Syllabus:

This subject will explore a number of important issues related to the criminal justice process. Looking at the law, policies and processes of Australia and the US (as well as some other countries such as the UK, New Zealand and Canada), we will chiefly consider how these two nations with common law heritages can end up with systems that are often strikingly different.

Principal topics will include:

  • Establishing criminal responsibility
  • Sentencing (including capital punishment)
  • Entrapment
  • The insanity defence
  • Rules of exclusion
  • Interrogation of suspects
  • Search and seizure
  • The role of the jury.
Assessment:
  • Research paper 10,000 words (100%) (24 September) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: P12.507Semester 1NLawLawYNNNParkvillePARKVILLECriminal Justice in Australia and the US730-767200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730767Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should have:

  • An understanding of a number of key issues involving substantive criminal law in Australia, the United States and the United Kingdom
  • An understanding of a number of key issues involving criminal procedure in Australia, the US and the UK
  • An understanding of the tension between a desire for effective law enforcement and protection of individual liberties
  • An appreciation of the various factors that impact on the administration of the criminal justice system, including cultural, political, racial, gender and economic
  • A basic ability to engage in comparative analysis of three criminal justice systems that share a common heritage but have quite different features today
  • An awareness of several of the practical concerns that influence the administration of the criminal justice system, from the perspective of members of the judiciary and members of the bar.

Syllabus:

This subject will explore a number of important issues related to the criminal justice process. Looking at the law, policies and processes of Australia and the US (as well as some other countries such as the UK, New Zealand and Canada), we will chiefly consider how these two nations with common law heritages can end up with systems that are often strikingly different.

Principal topics will include:

  • Establishing criminal responsibility
  • Sentencing (including capital punishment)
  • Entrapment
  • The insanity defence
  • Rules of exclusion
  • Interrogation of suspects
  • Search and seizure
  • The role of the jury.
  • Research paper 10,000 words (100%) (24 September) (topic approved by the subject coordinator)
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

Throughout this subject, debate and discussions will take place with the professor and several prominent Australian judges (federal and state, trial and appellate), practising lawyers and academics specialising in criminal justice.

N.A.N.A.Law730-7672

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