Outline

Overview

This unit examines history, theories and rationales relating the criminal trial as a feature of law and society. This academic inquiry is complemented by as study of the practicalities of a criminal trial, leading to students' preparing and running a simulated criminal trial in partnership with NSW Police, criminal lawyers, and psychology students. The unit addresses all of the Law School's LLB and JD Course Learning Outcomes, and the University's Graduate Qualities, in particular: depth of disciplinary expertise, critical thinking and problem solving, and oral and written communication. Participation in this unit is limited to 16 students and is subject to an application process.

Unit details and rules

Unit code	LAWS3519
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS5219
Prerequisites ?	LAWS1014 and LAWS1016
Corequisites ?	LAWS2016
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Simon Rice, simon.rice@sydney.edu.au
Lecturer(s)	Simon Rice, simon.rice@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Unit participation Class participation throughout + weekly posts on readings in weeks 1-4	10%	Ongoing	all semester in class + wks 1-4 online
Outcomes assessed:
Assignment	Trial observation Reflection and analysis of observed proceedings in light of readings	25%	Week 06 Due date: 15 Sep 2021 at 12:00	1500 words
Outcomes assessed:
Creative assessment / demonstration	Trial performance Role play as a lawyer in a simulated criminal trial	20%	Week 12	Three hours in an extended class
Outcomes assessed:
Assignment	Trial analysis Research essay	45%	Week 13 Due date: 12 Nov 2021 at 12:00	3000 words
Outcomes assessed:
= group assignment ?

Assessment summary

Unit participation: students participate in class discussions throughout the semester. As well, in weeks 1-4, students make mandatory weekly posts to the online discussion board, before each class, to initiate and respond to comments on the readings.
Trial observation: in the first six weeks of semester students find, attend and observe a criminal court proceeding for at least a half day, and write a reflection on and analysis of that proceeding in light of unit readings and discussion. Submission is due at midday on 15 September (week 6).
Trial performance: students collaborate in teams to conduct a simulated criminal trial in light of class study and training. Two trials will run in week 12 in extended class time of three hours, before a visiting magistrate, working with lay witnesses, MPsych students as expert witnesses and Probationary Constables as police witnesses.
Trial analysis: students write an extensive reflection on and analysis of the trial process in light of their experience on conducting the trial, the unit readings, class discussion and additional research. Submission is due at midday on 12 November (week 13).

Students need to make a genuine attempt at all tasks in order to pass the unit of study.

Note that further detailed information for each assessment task, including marking rubrics, will be published on the unit Canvas page.

Assessment criteria

Note that a detailed grading matrix for each assessment task will be published on the unit Canvas page.

The following grade descriptors are from the University’s Coursework Policy 2014.

Result name	Mark Range	Description
High Distinction	85 to 100 inclusive	demonstrate the learning outcomes for the unit at an exceptional standard
Distinction	from 75 to less than 85	demonstrate the learning outcomes for the unit at a very high standard
Credit	from 65 to less than 75	demonstrate the learning outcomes for the unit at a good standard
Pass	from 50 to less than 65	demonstrate the learning outcomes for the unit at an acceptable standard
Fail	from 0 to less than 50	fail to demonstrate the learning outcomes for the unit at an acceptable standard

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension prior to the due date, will attract a penalty of: 10% of the total marks available for the piece of assessment if it is up to 24 hours late; 20% if it is 24-48 hours late; and 30% if it is 48-72 hours late. A piece of assessment submitted more than 72 hours late without an extension will not be marked and will be awarded a fail grade.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	(1) Introduction to the unit (2) The social role of a trial	Seminar (4 hr)
Week 02	(1) A search for truth? (2) Recognition, recall and reliability	Seminar (4 hr)
Week 03	(1) Cultural assumptions and biases (2) Consider the victim	Seminar (4 hr)
Week 04	(1) The ethics of prosecuting and defending (2) The relevance of expertise	Seminar (4 hr)
Week 06	(1) Case theory (2) Advocacy	Seminar (4 hr)
Week 07	(1) Evidence refresher (2) Examination-in-chief and objections	Seminar (4 hr)
Week 09	(1) Cross-examination (2) Practice session	Seminar (4 hr)
Week 10	(1) Unfavourable witnesses (2) Expert witnesses	Seminar (4 hr)
Week 11	(1) Opening and closing (2) No class	Seminar (2 hr)
Week 12	The Trials	Practical (4 hr)
Week 13	(1) Reflection (2) No class	Seminar (2 hr)

Attendance and class requirements

Attendance: Because of the experiential, performative, and group work aspects of the unit, the unit is taught only in person and not online.

The Law School has a minimum 70% attendance requirement – 14 of 20 classes – which is appropriate for a unit that has experiential, performative, and group work dimensions, and that relies susbtantially on discussion and analysis rather than the passive conveying of content.

All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator (in this case in person). Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All prescribed readings for this unit are available electronically through the Library Reading List, available on the unit’s Canvas page.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. demonstrate an appreciation of history, theories and rationales relating to the criminal trial as a feature of law and society
LO2. demonstrate an ability to analyse criminal law, criminal and court practice and procedure, and evidence, from a range of critical perspectives
LO3. demonstrate an enhanced ability to identify and respond to legal ethical issues
LO4. demonstrate a basic understanding of case preparation and court advocacy skills
LO5. exhibit better developed skills in communication and collaboration
LO6. demonstrate an improved capacity for reflective practice, and
LO7. articulate new personal insights into personal and professional direction and development.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

In light of student feedback after the unit was offered for the first time (as LAWSS3510/5210), refinements have been made to the sequencing and topics of classes, the prescribed readings, and the assessment weightings.

Additional information

Site visit guidelines

At a time of their choosing, before the due date of 15 Sept (week 6) students will attend and observe a criminal court proceeding for at least a half day. Students will be helped to identify available court proceedings in the Local and District Courts. Subject to any disability accommodation requirements, no special arrangements are needed to enable the court attendance and observation.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3519: The Criminal Trial

Semester 2, 2021 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect