LAWGENRL 724 : Special Topic: Miscarriage of Justice
Law
2022 Semester Two (1225) (15 POINTS)
Course Overview
Course Content
This course will focus on twelve broad and fundamentally important subject areas relating to wrongful convictions and other miscarriages of justice:
1. Terminology
2. Forensic Science
3. Eyewitness Identification
4. Interrogations & Confessions
5. Remand
6. Assistance of Defence Counsel
7. Official Misconduct
8. False Testimony
9. Incentivized Informants
10. Preservation/Destruction of Evidence
11. Postconviction Remedies & Criminal Cases Review
12. Social Psychology of Innocence
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
Learning Outcomes
- Identify and understand the common causes of miscarriages of justice and barriers to their remedy (Capability 1.1, 2.1 and 2.2)
- Reflect critically upon aspects of criminal procedure and the adversary system that may aggravate the occurrence of false convictions. (Capability 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 and 4.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Class participation | 10% | Individual Coursework |
| Outline/abstract for research essay | 10% | Individual Coursework |
| Research essay | 80% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | |||||||||
| Class participation | ||||||||||
| Outline/abstract for research essay | ||||||||||
| Research essay | ||||||||||
Each student is expected to make individual contributions to the seminar discussions throughout the course. Students will be individually assessed on the quality of their contributions based on the following criteria:
• extent of preparation demonstration during class discussions, in particular analysis of the assigned reading materials
• depth and thoroughness of understanding of the reading materials and class discussions and thoughtfulness of contributions
• ability to draw worthwhile conclusions during class discussions
• general engagement in class and respect for fellow students
Research Outline
The research outline component comprises two elements.
1. Each student must orally present their research question and main thesis to the rest of the class on 28 October 2021. Each presentation will be no longer than five minutes (not including follow-up questions and answers).
2. Each student must submit a research outline to Canvas. The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline then should provide an outline of the structure of the proposed research essay. This structure should follow Appendix 7 of the New Zealand Style Guide (3rd edition). It should contain Major headings, Minor Headings, Sub-Headings and Paragraph Headings.
3. Each student must comment on another student’s research outline on Canvas.
Essay
Each student is required to submit a research essay of not more than 6,500 words (including an abstract/synopsis of approximately 200 words). The topic of the essay must be approved in advance by the lecturer.
The essay is to be original work, relying on primary and secondary sources, on a topic of the student’s choosing relating to miscarriages of justice. It MUST be the work of the enrolled student. Another person, other than the enrolled student, MUST NOT write the essay nor do the research on behalf of the enrolled student. Plagiarism is forbidden and, in that regard, each student should read the University’s plagiarism policy and adhere to it.
Students must also use proper legal citations. The essay should be comprised of properly crafted sentences. Notes or bullet points are unacceptable. The use of sub-headings and a table of contents is encouraged — and footnotes rather than in-text referencing should be used. All essays are to comply with the New Zealand Law Style Guide.
While essays should include a descriptive component, describing the current state of the law and relevant legal issues in a chosen jurisdiction, they should be primarily normative. Successful essays should provide a conceptual analysis of the law, examine the operation of law and policy in practice, critique the inadequacies in existing law, and/or develop proposals for reform.
Essays must be submitted to CANVAS.
Extensions will not be granted on the grounds of work commitments (but will be granted on sickness and compassionate grounds) and must be requested formally through the Postgraduate Manager.
Criteria and Marking
Students will be individually assessed on the quality of their contributions with reference to the following criteria:
• the extent to which the student has identified the important and relevant issues
• the depth and thoroughness of understanding of the seminar material
• the strength and clarity of the arguments presented
• the extent to which issues are placed in their wider context
• the analysis and synthesis of material
• the ability to draw worthwhile conclusions
Workload Expectations
Delivery Mode
Online
Attendance is expected at scheduled online activities including the seminar complete the components of the course.
The course will include live online events including group discussions and lectures and these will be recorded.
Where possible, study material will be available at course commencement.
This course runs to the University semester timetable and all the associated completion dates and deadlines will apply.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Reading Materials
Reading materials will be listed on the student information system Canvas. Students may also be asked to access additional materials via the Internet or in the Davis Law Library. All students are expected to read and study all the assigned reading in advance of each class.
Required materials
Faigman, Cheng, et al., Modern Scientific Evidence: The Law & Science of Expert Testimony (“Faigman”), Brandon L. Garrett, Convicting the Innocent (“Garrett”), Principles and Practice of Criminalistics (“Criminalistics”), and Daniel Medwed, Prosecution Complex (“Medwed”) are the required texts for the course. Faigman, Blumenthal is available online through Westlaw, as part of your student subscription. Garrett, Criminalistics, and Medwed are available as e-books through the University of Auckland library. There is also a casebook of supplemental materials.
Additional materials may be posted on the class Canvas site.
When the reading assignment includes a court opinion, students should read the entire opinion unless the syllabus indicates otherwise.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Other Information
Law Student Centre Level 2, 1-11 Short St Auckland CBD
Student Adviser: k.zhong@auckland.ac.nz
Lecturer Contact Details
Carrie Leonetti
Room 310, Building 803
17 Eden Crescent
carrie.leonetti@auckland.ac.nz
Study Programme
The course can be studied under an LLM, MLS or a PG Certificate in Law. If you wish to complete this course as a stand alone course you may do so under a Certificate of Proficiency (COP). Through a Certificate of Proficiency, law courses can be taken as individual courses. The Certificate of Proficiency provides students with the opportunity to supplement their current knowledge before proceeding to advanced study, or undertake a small number of courses in specific areas without enrolling in a formal qualification.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.