Miscarriages of Justice

General Information

While there is no doubt that the overwhelming majority of trials produce justified convictions or acquittals, there have been a number of high profile cases where the conclusions are questionable or where decisions have been overturned. This subject examines some of those high profile cases to decipher the systemic causes of such failures through an understanding of the processes involved in the criminal justice system. This subject also addresses the roles of investigators, the media, forensic science, expert witnesses, lawyers, juries, eyewitness testimony and the appeals process to determine how these may impact on cases of injustice. On completion of this subject you will have a thorough understanding of the main causal factors for miscarriages of justice worldwide and will be apprised of the possible remedies. Contemporary responses to miscarriages of justice is also covered, such as the Innocence Project in the US and the UK Criminal Case Review Commission.

  • Academic unit: Faculty of Society & Design
    Subject code: CRIM13-315
    Subject title: Miscarriages of Justice
    Subject level: Undergraduate
    Semester/Year: May 2024
    Credit points: 10.000
  • Timetable: https://bond.edu.au/timetable
    Delivery mode: Standard
    Workload items:
    • Seminar: x12 (Total hours: 36) - Seminar
    • Personal Study Hours: x1 (Total hours: 84) - Recommended study hours
    Attendance and learning activities:
  • Prescribed resources:

    Books

    • Bibi Sangha,Robert N. Moles (2015). Miscarriages of Justice : Criminal Appeals and the Rule of Law in Australia. 1st edition, Australia LexisNexis Butterworths
    • Justin Brooks (2018). Wrongful Convictions: Cases and Materials. 3rd, United States Vandeplas Pub. 698
    After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
    iLearn@Bond & Email:

    iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.

    Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

    To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Academic unit: Faculty of Society & Design
Subject code: CRIM13-315
Subject title: Miscarriages of Justice
Subject level: Undergraduate
Semester/Year: May 2024
Credit points: 10.000

Enrolment requirements

Requisites:

Nil
Assumed knowledge:

Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.

Restrictions:

Nil

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:

  1. Demonstrate knowledge of the criminal justice system through an analysis of miscarriage cases.
  2. Analyse and evaluate the theoretical and practical reasons why miscarriages occur.
  3. Demonstrate skills in critically analysing possible cases of miscarriage of justice.
  4. Evaluate how the criminal justice system can be improved in order to reduce miscarriages of justice.

Generative Artificial Intelligence in Assessment

The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.

  • Type Task % Timing* Outcomes assessed
    Computer-Aided Examination (Closed) Closed book Ilearn exam will be conducted in the final examination period. The student will be required to demonstrate theoretical and technological knowledge of a wide range of causations and impacts in miscarriages of justice. Provide responses that analyse critically efforts to prevent MOJ and contribute to effective criminal justice system responses and policy. Demonstrate advanced critical thinking skills in analysing the issues around MOJ. 40.00% Final Examination Period 1,2,3,4
    Student Engagement The seminars will involve practical application of the material covered in forums.Participation and demonstrated will be gauged by twitter usage, contribution to discussions and group work. Students will be expected to consistently, and actively support, engage, listen and respond to peers. Students will need to participate in a meaningful way in class discussions about MOJ and contribute in a way that advances the level and depth of classroom dialogue. 20.00% Weekly 1,2,3,4
    Presentation§ Group resentations run between weeks 4 and 10. Students will need to present in a way that is a challenging about a contemporary angle on a relevant topic to MOJ and shows advanced understanding of the issues. Students will need to demonstrate engagement with critical thinking on this topic as it relates to MOJ. The students will need to display outstanding delivery style and professionalism in working in a team environment. 40.00% Progressive 1,2,3,4
    • § Indicates group/teamwork-based assessment
    • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
    • C = Students must reach a level of competency to successfully complete this assessment.

  • Assessment criteria

    High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
    Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
    Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
    Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
    Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

    Quality assurance

    For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Type Task % Timing* Outcomes assessed
Computer-Aided Examination (Closed) Closed book Ilearn exam will be conducted in the final examination period. The student will be required to demonstrate theoretical and technological knowledge of a wide range of causations and impacts in miscarriages of justice. Provide responses that analyse critically efforts to prevent MOJ and contribute to effective criminal justice system responses and policy. Demonstrate advanced critical thinking skills in analysing the issues around MOJ. 40.00% Final Examination Period 1,2,3,4
Student Engagement The seminars will involve practical application of the material covered in forums.Participation and demonstrated will be gauged by twitter usage, contribution to discussions and group work. Students will be expected to consistently, and actively support, engage, listen and respond to peers. Students will need to participate in a meaningful way in class discussions about MOJ and contribute in a way that advances the level and depth of classroom dialogue. 20.00% Weekly 1,2,3,4
Presentation§ Group resentations run between weeks 4 and 10. Students will need to present in a way that is a challenging about a contemporary angle on a relevant topic to MOJ and shows advanced understanding of the issues. Students will need to demonstrate engagement with critical thinking on this topic as it relates to MOJ. The students will need to display outstanding delivery style and professionalism in working in a team environment. 40.00% Progressive 1,2,3,4
  • § Indicates group/teamwork-based assessment
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Study Information

Submission procedures

Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A student who has not established a basis for an extension in compliance with University and Faculty policy either by 1) not applying before the assessment due date or 2) by having an application rejected due to failure to show a justifiable cause for an extension, will receive a penalty on assessment submitted after its due date. The penalty will be 10% of marks awarded to that assessment for every day late, with the first day counted after the required submission time has passed. No assessment will be accepted for consideration seven calendar days after the due date. Where a student has been granted an extension, the late penalty starts from the new due date and time set out in the extension.

Academic Integrity

Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.

Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.

If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.

Feedback on assessment

Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.

Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.

Accessibility and Inclusion Support

Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).

As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.

For more information and to apply online, visit BondAbility.

Additional subject information

This subject contains content that some students may find distressing, disturbing or culturally challenging. Students with concerns about the content of any subject are encouraged to discuss this with their teacher and consider how best to prepare themselves to study challenging material in a way that is appropriate for them.

Subject curriculum

Approved on: Feb 6, 2023. Edition: 4.2
Last updated: May 12, 2024
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