Units

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Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Lawyers working within the criminal jurisdiction may be called upon to represent clients within a wide range of courts and tribunals. The study of criminal law at the undergraduate level typically focuses on the prosecution and defence of matters within the mainstream courts. Given that a significant number of matters take place within more specialist courts, usually catering for a special category of offender, it is essential for those practicing within the criminal jurisdiction to have a working knowledge of the law relating to the rules and procedures of these specialist courts. It is also important to understand the jurisprudence and juristic principles which inform the creation and operation of these fora.

Aims

This Unit aims to introduce you to the laws and procedures which govern the operation and deliberations of a range of specialist criminal courts and tribunals in Queensland, the Commonwealth and internationally.

Objectives

On successful completion of this unit you should be able to:
1. Outline the history, development and operating philosophy of a range of specialist criminal courts and tribunals which operate in Queensland, the Commonwealth and internationally.
2. Explain the legislative and regulatory environment of these courts and tribunals
3. Critically analyse the effectiveness of some of these courts and consider challenges and criticisms of their legality and operating philosophies
4. Discuss some of the special advocacy skills a lawyer may require to work effectively in the different regulatory environments which govern these courts
5. Demonstrate analytical and conceptual research skills in exploring the operation of one of these courts in greater depth

Content

• Rationale, history and philosophy of specialist criminal courts and tribunals.


• The rise of the problem solving courts - comparative analysis of the philosophy, roles and expectations of lawyers and judicial officers in these courts as opposed to a mainstream criminal court.


• Indigenous courts and tribunals - an examination of the statutory and constitutional basis for the establishment (and procedures of) courts, tribunals and other judicial fora which cater only for indigenous offenders. Modified rules of advocacy and sentencing procedure mandated for the Murri Court in Queensland.


• The Children's Court and the Children's Court of Queensland - rules of law, practice, procedure and evidence which are unique to the juvenile courts in Queensland. Elements of trial advocacy which are expected of lawyers appearing in these courts (especially in relation to cross-examination).


• Coroners Court - the juridical nature of coronial proceedings and the legal implications of its findings and recommendations.


• Mental Health bodies - The role of the Mental Health Review Tribunal in conducting matters in relation to involuntary patients; the role of the Mental Health Court in criminal proceedings (such as criminal responsibility, fitness to stand trial, issues of diminished responsibility and associated orders).


• Australian Crime Commission and the Crime and Misconduct Commission - the legitimacy and efficacy of modified rules of procedure and evidence. Do the requirements of combating organised crime justify significant coercive powers and the suspension of some key procedural protections? An analysis of High Court and Federal Court challenges.


• Drug Courts and Family Violence Courts - Ongoing judicial case management and collaborative involvement of judges, lawyers and community organisations in offender rehabilitation. The legality and effectiveness of mechanisms for ensuring compliance. Some challenges to the constitutionality and ethics of therapeutic courts.


• The emergence of international criminal courts and tribunals - questions of jurisdiction, evidence and procedure confronted by the International Criminal Court and the ad hoc criminal tribunals of the United Nations (such as the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda).

Approaches to Teaching and Learning

Classes will be conducted in a pod cast mode over 13 weeks. Each week's material will consist of a weekly set of between 6 and 8, fifteen minute podcasts - delivered by the unit coordinator. These pod casts will consist of audio files which you will be able to either stream via the unit's Blackboard site or podcast to your PC or data device via direct download or RSS feed. For students who are unsure of the podcast method, each week's material will also be available as single audio file to download or listen to from the unit's Blackboard site.

There will then be a guided group discussion of both the prescribed readings and podcast content of that week (in an asynchronous mode) on the Blackboard Discussion Forum and, in some weeks, the discussion of particular case studies from various specialist courts and tribunals. Some sessions will also involve recorded interviews with practitioners and members of the courts and tribunals studied.

Your learning will be facilitated by online interaction that involves communication between you, your fellow students and the lecturer. Podcasts will begin with the lecturer introducing the topic and identifying key areas of inquiry and discussion. The lecturer will then explore (and direct you to) analyses of the legal positions and of problematic features of those positions. There will be a strong emphasis on critical evaluation of the legal positions and their consequences. Audio files will be linked to some PowerPoint files and prescribed readings as well as guide questions for each weekly topic in the Study Guide.


You will have the opportunity to consult with the unit coordinator on an informal basis about any aspect of the unit at specified times throughout the teaching period (or at other times by arrangement) and after the conclusion of the intensive period but prior to the submission date for the research paper.

This unit is supported by an online teaching (Blackboard) site.

Assessment

Assessment in this unit is both formative and summative.

Assessment name: Online participation
Description: You will be expected to take part in the discussion, analysis and critique of laws and procedures which take place on the LWN182 Discussion Forum. In particular, you will be assigned one week of the semester in which you will act as the discussion leader on the Forum (instructions on what is required in this role will be available in the LWN182 Study Guide). Your participation will be monitored by the lecturer and you will be given formative feedback on your level of understanding of and engagement with the content of the unit during these sessions.
Relates to objectives: This item of assessment is a measure of your attainment of objectives 1-5.
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: See Description


Assessment name: Multimedia oral Presentation
Description: Students will be required to prepare a brief (maximum 20 minutes) oral presentation on a topic to be selected in consultation with the unit coordinator in Week 2.
Each presentation will be in the format of either an audio or video recording, which you will submit for upload onto the LWN182 Blackboard site. Although it is the responsibility of each student to source the equipment necessary to do this, assistance will be available from the unit coordinator and the QUT IT services. For students who are able to travel to the Gardens Point campus, it may be possible to do the recording on campus using QUT equipment.
Presentations will need to be recorded and submitted by Week 11 of semester and will be undertaken individually. The topic will relate to the particular court, tribunal or institution lectured on during a given week, and will involve critical analysis and discussion rather than a description or articulation of the functioning of the particular court or tribunal. The unit coordinator will suggest at least one reference to consult as a starting point for preparation of the presentation. Students will be permitted (and are encouraged) to link the material from this presentation to the topic for their research assignment if they choose.
Note - if students are unable to arrange for the recording of this assessment item, they may be able to arrange with the Unit Coordinator to submit it in written form only.
Relates to objectives: This item of assessment is a measure of your attainment of objectives 2-4.
Weight: 20%
Internal or external: External
Group or individual: Individual
Due date: Week 11


Assessment name: Research Paper
Description: The research paper (7,000 words) is a written paper about an issue of your choice that arises out of the areas of law covered in class. A list of suggested topics will be distributed at the commencement of the unit, but you are also free to devise a topic (provided you gain the lecturer's approval for the topic). There will be discussion within the unit on the scope of topics contained in the list of suggested topics. In your research paper you must identify and analyse a major legal issue and you must critically assess the current situation, considering the legal and other social, political or jurisprudential factors which have informed the current position. You should then convey the results of your investigation in clear writing, observing legal citation standards and the rules of precise academic English. Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet. The School of Law has produced its own citation guidelines. These may be accessed at www.law.qut.edu.au/files/Legal_Reference_Style_Guide_2006.pdf. These guidelines are recommended for all students undertaking postgraduate studies.
Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
If you choose your own topic (i.e. outside suggested topics), you must submit a short written outline (no more than one page) of your research topic to the lecturer within two weeks from the conclusion of the lectures and obtain the lecturer's written approval of that topic.
Relates to objectives: This item of assessment is a measure of your attainment of objectives 1-5.
Weight: 70%
Internal or external: External
Group or individual: Individual
Due date: 3 wks after lectures


Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

There are no prescribed texts for this Unit. A list of prescribed readings will be included in the Study guide for each topic and these will be available via the Course Materials Database.

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Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 29-Aug-2012