Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

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Unit Overview

Description

This unit, the second of two parts, provides an advanced understanding of the law of evidence in an investigative context. It builds from the base established in FNSC5501 Evidence in Investigations 1 (formerly FNSC8501 Evidence in Investigations 1). Students find the course challenging and of immediate and ongoing practical relevance, leading to an improvement in the rigour of evidence gathering and criminal prosecutions. It draws upon the practical experience of lecturers and students. There is opportunity for reflection during the unit and after return to the working environment. Topics covered include common law, legislation, policy, role play, practical exercises, case studies and sharing of experience relevant to the outcomes listed above.

Credit
6 points
Outcomes

Students are able to (1) understand 'opinion evidence', the principles relating to admissibility of forensic evidence (including debates in relation to DNA, handwriting, fingerprint evidence and legal developments in the US) and guard against common forensic evidence challenges; (2) identify the issues relating to identification, and ensure that future practice takes these into account; (3) understand direct and circumstantial evidence and the ramifications for investigative approaches; (4) understand current jury research and its implications for investigations and prosecutions; (5) understand the co-conspirator's rule including Ahern's case and its application to conspiracy charges; (6) apply the principles of admissibility of confessional evidence (on and off video); (7) understand the implications for best practice in interviewing and the way in which improperly or unlawfully obtained evidence is dealt with; and (8) apply the legal principles learned in FNSC5501 Evidence in Investigations 1 to investigative best practice and prosecutions.

Assessment

Indicative assessments in this unit are as follows: (1) problem tests and student presentations of case studies, both designed to assess research ability and the application of learning in an investigative context and (2) a two-hour examination comprising a combination of problem-based questions and essay questions. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Associate Professor Daniel Franklin
Unit rules
Prerequisites
FNSC5501 Evidence in Investigations 1 (formerly FNSC8501 Evidence in Investigations 1)
Advisable prior study
practical experience in criminal investigations.
precourse training in legal writing and research
Contact hours
lectures and seminars: 36 hours (over 1.5 weeks)
Text

Ligertwood, A. and Edmond, G. Australian Evidence: a Principled Approach to the Common Law, 5th edn: LexisNexis 2010

Recommended
reading

Heydon, J. D. Cross on Evidence, 8th edn: LexisNexis Butterworths 2010

Cook, C. et al. Laying Down the Law, 7th edn: LexisNexis Butterworths 2009

  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.