Criminal Investigation, Procedure and Sentencing

Unit code: LLW1002 | Study level: Undergraduate
12
(Generally, 1 credit = 10 hours of classes and independent study.)
City Campus
Online Real Time
BLB1101 - Australian Legal System in Context
BLB1114 - Legal Research Methods
(Or equivalent to be determined by unit coordinator)
Overview
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Overview

This unit together with Criminal Law satisfies the prescribed area of knowledge for Criminal Law and Procedure as set out in Schedule 1 Legal Profession Uniform Admission Rules 2015.



Criminal procedure refers to the law and practices of investigating and enforcing criminal law. Sentencing covers the sanctions imposed on offenders in enforcement. It covers: courts exercising criminal jurisdiction; classification of offences; search, seizure and forensic processes; police questioning; arrest; commencing criminal proceedings; bail; committal hearings; pleadings and plea negotiations; and, the criminal trial including the functions of judges and juries, prosecutors and defence lawyers. It also covers the legal framework for sentencing including: the sources of law; the principles of parsimony, proportionality, parity and totality; sentencing hearings; public and victim input; and, control of sentencing discretions. They are considered in the context of philosophical concepts and public policies balancing the community’s interest in the prevention of crime and protecting the liberties of the individual and in competing concepts of justice and the role of the legislative, executive, judicial branches of government.

Learning Outcomes

On successful completion of this unit, students will be able to:

  1. Critically review the general principles relating to criminal procedure and sentencing in problem solving and decision making;
  2. Adapt and apply doctrines of precedent and rules of statutory interpretation to contemporary problems in criminal investigation and sentencing using inductive and deductive thought processes;
  3. Justify the resolution of problems using case and statute law as authorities with creativity and intellectual independence.
  4. Critically evaluate theories and policies relating to criminal procedure and sentencing in the context of liberal concepts of the state and the individual and varying concepts of justice.

Assessment

For Melbourne campuses

Assessment type: Test
|
Grade: 20%
Quiz x 2
Assessment type: Assignment
|
Grade: 30%
Presentation
Assessment type: Examination
|
Grade: 50%
Final examination

Required reading

Criminal Investigation and Procedure in Victoria (http://library.vu.edu.au/record=b4123072)
Corns, Christopher,2019 eBook| Thomson Reuters
Crimes Act
1958| (Vic)
Sentencing Act
1991| (Vic)
Criminal Procedure Act
2009 | (Vic)

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