JST319 Evidence and Procedure (8)
CSU Discipline Area: Justice Studies (JUSTU)
Duration: One session
Abstract:
This subject focuses upon the Evidence Act 1995 (NSW) and addresses police powers. It explores the major evidential and procedural issues involved in and underpinning the prosecution of criminal matters. This subject covers the criminal justice process from pre-trial investigation, arrest, pleadings, the trial and appeals. There is a focus on police powers and the law relating to improperly obtained evidence and perjury. The subject will equip the student with a practical and theoretical knowledge of aspects of evidence and procedure within the criminal justice system in NSW. It will enable them to put into context that understanding within their actual and expected experience as police officers.
+ Subject Availability Modes and Locations
| Session 2 | |
|---|---|
| Internal | Bathurst |
| Distance | Bathurst |
Continuing students should consult the SAL for current offering details: JST319
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.
Prerequisite(s):
Enrolment restrictions:
Not available to students who have completed JST202 Evidence and Procedure
Objectives:
Upon successful completion of this subject, students should:
- be able to demonstrate an understanding of the Evidence Act 1995 (NSW) and the law relating to each phase of the criminal law and court process with particular emphasis on the evidentiary implications of the exercise of police powers associated with:
* arrest and bail
* confessions
* warrants
* search and seizure
- be able to demonstrate an understanding of:
* the basic rules of evidence applicable to criminal trials
* major ethical and legal issues relating to improper conduct by police and prosecution
Syllabus:
The subject will cover the following topics:
-introduction to the Evidence Act 1995 (NSW) and common law history. -police powers -criminal pleadings -competence and compellability of witnesses -oaths and affirmations -the defence, the prosecution and the criminal trial -examination in chief; cross examination and re-examination -burdens, standards and presumptions -the accused's right of silence -admissibility of evidence -relevance -the hearsay rule and its exceptions -the opinion rule -admissions, confessions and improperly obtained evidence -the rule re judgements and convictions -the tendency or coincidence rule -the credibility rule
The information contained in the 2013 CSU Handbook was accurate at the date of publication: 24 April 2013. The University reserves the right to vary the information at any time without notice.