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LocationDomesticInternational
Gold CoastSession 1Session 1
LismoreSession 1Session 1
OnlineSession 1Session 1

Unit description

Provides the student with an introduction to the Australian criminal justice system, together with the principles and major procedural stages of Australian criminal procedure. This will include issues concerning police powers of arrest, search, seizure and interrogation; bail; right to legal representation; committal proceedings; juries; sentencing; appeals; the role of crime victims and anti-terrorism legislation. The unit also examines how the criminal justice system treats traditionally disadvantaged groups, such as children and Australian Indigenous peoples.

Unit content

Part 1 - Introducing the Australian criminal justice system in context
Topic 1 Introduction to criminal justice
Topic 2 Dichotomies of the Australian criminal justice system
Topic 3 The key stakeholders in the Australian criminal justice system (the defendant; the victim; the 'community' and the state)

Part 2 - Steps in criminal procedure
Topic 4 Criminal process I: investigation
Topic 5 Criminal process II: pre-trial
Topic 6 Criminal process III: the trial: the determination of guilt phase
Topic 7 Criminal process IV: the trial: the sentencing phase
Topic 8 Criminal process V: post-trial issues

Part 3 - Disadvantaged groups and Australian criminal justice
Topic 9 Indigenous Australians and the criminal justice system
Topic 10 Children and the criminal justice system

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
On completion of this unit, students should be able to:GA1GA2GA3GA4GA5GA6GA7
1identify and demonstrate knowledge of the major aspects of the Australian criminal justice system and how this system attempts to account for the interests of its key stakeholders - defendants, victims, the community and the state.Knowledge of a discipline
2critically evaluate police, prosecutorial, judicial and legislative decision-making in relation to criminal procedure.Creativity
3recognise and analyse the general principles of criminal law theory and of criminal responsibility, and describe how power structures in society are reproduced in the criminal law and criminal justice system.Creativity
4give an account of and appraise the law in Australia in relation to each of the main procedural stages of the criminal justice system, assessing how the law takes into account the competing public policy considerations of crime control and individual liberty, and the interests of the key stakeholders.Knowledge of a discipline
5review the manner in which disadvantaged groups, such as Indigenous Australians and children, are treated by the Australian criminal justice system.Intellectual rigour
6identify and be able to apply and analyse, in an effective manner, primary and secondary sources of criminal procedure law, including Internet resources, reports and visual media.Intellectual rigour
7demonstrate analytical and written skills in the presentation of research and argument in the field of criminal procedure.Intellectual rigour

On completion of this unit, students should be able to:

  1. identify and demonstrate knowledge of the major aspects of the Australian criminal justice system and how this system attempts to account for the interests of its key stakeholders - defendants, victims, the community and the state.
    • GA4: Knowledge of a discipline
  2. critically evaluate police, prosecutorial, judicial and legislative decision-making in relation to criminal procedure.
    • GA2: Creativity
  3. recognise and analyse the general principles of criminal law theory and of criminal responsibility, and describe how power structures in society are reproduced in the criminal law and criminal justice system.
    • GA2: Creativity
  4. give an account of and appraise the law in Australia in relation to each of the main procedural stages of the criminal justice system, assessing how the law takes into account the competing public policy considerations of crime control and individual liberty, and the interests of the key stakeholders.
    • GA4: Knowledge of a discipline
  5. review the manner in which disadvantaged groups, such as Indigenous Australians and children, are treated by the Australian criminal justice system.
    • GA1: Intellectual rigour
  6. identify and be able to apply and analyse, in an effective manner, primary and secondary sources of criminal procedure law, including Internet resources, reports and visual media.
    • GA1: Intellectual rigour
  7. demonstrate analytical and written skills in the presentation of research and argument in the field of criminal procedure.
    • GA1: Intellectual rigour

Prescribed texts

  • Hemming, A, Feld, F & Anthony, T, 2019, Criminal Procedure in Australia, 2nd, LexisNexis, Sydney. ISBN: 9780409350111.
  • This is also the prescribed text for Australian Criminal Law II (LAW10004): Bronitt, S & McSherry, B, 2017, Principles of Criminal Law, 4th edn, Lawbook Co, Pyrmont, NSW. ISBN: 9780455237909.
Prescribed texts may change in future study periods.

Teaching and assessment

Teaching method
Lecture online 1 hour (10 weeks)
Workshop on-site 2 hours (11 weeks )
Assessment
Written exercise40%
Exam: open book60%

Teaching method
Lecture online 1 hour (10 weeks)
Workshop on-site 2 hours (11 weeks)
Assessment
Written exercise40%
Exam: open book60%

Teaching method
Tutorial online 2 hours (11 weeks)
Lecture online 1 hour (10 weeks)
Assessment
Written exercise40%
Exam: open book60%
Notice

Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information

Domestic

Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2020 Commonwealth Supported only. Student contribution band: 3

Fee paying courses
For POSTGRADUATE or UNDERGRADUATE full fee paying courses please check Domestic Postgraduate Fees OR Domestic Undergraduate Fees

International

Please check the international course and fee list to determine the relevant fees.

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