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Post-Conviction Remedies for Innocence (LAWS90275)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
August
Lecturer
Dean Strang (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | August |
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Fees | Look up fees |
Most countries allow some appellate or post-conviction review of criminal convictions and sentences. But these remedies vary widely in both form and effectiveness. Opportunities to challenge convictions on grounds of possible innocence, when new evidence arises, are even more disparate across countries. This intensive subject will allow students to engage in comparative study of several countries with the goal of identifying competing values at stake in the factual and legal reconsideration of past criminal convictions and sentences; considering possible distorting factors such as capital punishment, unusually long or short prison sentences, or relative judicial independence; and identifying possible best practices that may emerge from cross-cultural examination of legal systems.
The subject entails comparative study of several countries, with an opportunity for students to add one or two countries to their lists. Principal topics may include:
- The role of finality as a value in post-conviction proceedings, and competing values of accuracy and both procedural and substantive fairness,
- Procedural bars and practical obstacles to consideration of newly discovered evidence of innocence,
- Role of legal counsel and other legal officials in post-conviction proceedings,
- Relative results in post-conviction proceedings based on race, ethnicity, poverty, or other non-merits considerations,
- Consideration of the factual and legal integrity of convictions by prosecutorial government agencies,
- Emerging international reforms and safeguards for factual accuracy of convictions,
- Sources of institutional resistance to, or grassroots support, post-conviction review,
- Non-law strategies: media, public attention (e.g., Australia’s Kathleen Folbigg case),
- Confounding aspects of differing systems of administering criminal law, such as pretrial detention, use of capital punishment, public access to proceedings, comparatively harsh or lenient sentencing practises, public corruption, social instability, etc.,
- Possible identification of best practices for post-conviction review and adjustment to new evidence of innocence.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Critically analyse and compare the appellate and post-conviction review processes in different countries, including their form and substantive efficacy, to identify variations and understand the factors influencing outcomes,
- Evaluate the different grounds and procedures for challenges to criminal convictions based on possible innocence and compare the approaches taken by various countries' legal systems,
- Critically examine the competing values involved in the factual and legal reconsideration of past criminal convictions and sentences, taking into account factors such as capital punishment, long or short prison sentences, and judicial independence to gain a comprehensive understanding of the complexities of the legal systems studied,
- Synthesise cross-cultural insights gained from the comparative study of legal systems to identify potential best practices in the review of criminal convictions and sentences, considering the implications for pursuing justice, procedural and substantive fairness, and the protection of human rights.
Generic skills
- Legal research proficiency,
- Logical argumentation,
- Critical assessment of differences in legislation, judicial reasoning, and public values,
- Clear and objective writing supported adequately by citation to identifiable authorities or sources,
- Increased effectiveness in public speaking on controversial topics and matters open to reasonable debate and disagreement.
Last updated: 29 February 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Demonstrated working knowledge of criminal law in the student’s home country, practical or scholarly experience in criminal law and its administration, an advanced degree relevant to criminal law, or some combination of these factors.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 29 February 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | During the teaching period | 10% |
Written assignments (1000 words per assignment): 2A: Title and outline of final paper (10%); 2B: Bibliography of principal works cited in some accepted, uniform system of citation (10%); and 2C: Abstract of final paper (10%)
| 4 Weeks after the end of teaching | 30% |
Research paper on a topic approved by the subject coordinator
| 2 October 2024 | 60% |
Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Last updated: 29 February 2024
Quotas apply to this subject
Dates & times
- August
Principal coordinator Dean Strang Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 8 July 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 5 August 2024 to 9 August 2024 Last self-enrol date 12 July 2024 Census date 6 August 2024 Last date to withdraw without fail 30 August 2024 Assessment period ends 2 October 2024 August contact information
Lecturer
Dean Strang (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 29 February 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 29 February 2024