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  2. Innocence Project [LAW4130]

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Innocence Project

  • Unit Code

    LAW4130

  • Year

    2016

  • Enrolment Period

    1

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus

Description

The Sellenger Centre Criminal Justice Review (CJR) Project is committed to pursuing the exoneration of those who have been wrongly convicted. By identifying the factors that contribute to wrongful conviction, it seeks to facilitate law reform, equity and equality for all who encounter the justice system process. The Innocence Project unit (LAW4130), a component of the CJR Project is driven by students, senior legal practitioners and scholars who work collaboratively in an environment that fosters integrity, respect, personal excellence and rational enquiry, to review cases where wrongful conviction is claimed. Students working in the Project are involved with the investigation and case management of potentially innocent but convicted persons; providing students with hands on experience in working in a professional capacity on real life cases with exposure to learning case and file management skills, investigative practises, interviewing skills, preparation of witness statements and briefs, and research skills. The Sellenger Centre Innocence Project develops future professionals who are committed to the values associated with justice for all. While students will work under supervision of an academic and qualified legal practitioner, any decisions in relation to the management of a convicted person's case will be the sole responsibility of the supervising legal practitioner. Acceptance to this unit will be by application ONLY.

Learning Outcomes

On completion of this unit students should be able to:

  1. Construct and manage case files.
  2. Critically analyse documentary evidence.
  3. Critically consider the imperfections of the criminal justice system in Western Australia.
  4. Critically consider the imperfections of the criminal justice systems in other jurisdictions.
  5. Critically consider the process of law reform.
  6. Demonstrate an ability to respond to, and follow instructions from a practicing lawyer.
  7. Demonstrate an understanding of professional responsibility and legal professional privilege.
  8. Demonstrate sound teamwork skills.
  9. Demonstrate the ability to communicate appropriately and effectively in a professional manner.
  10. Demonstrate the ability to work collaboratively in a professional context.
  11. Develop an understanding of the factors that contribute to wrongful conviction.
  12. Develop an understanding of the impact of the criminal justice system.
  13. Show an understanding of the ethical issues associated with the Innocence Project work.

Unit Content

  1. Consider the factors that contribute to wrongful conviction.
  2. Consider the process of law reform.
  3. Critically review, develop and manage documentary evidence required as part of the case review process.
  4. Learn and apply the protocols of the CJR Project, demonstrating the professional and ethical responsibility of working within an 'Innocence Project'.
  5. Review key cases of wrongful convictions both in Western Australia and in other jurisdictions.
  6. This unit will be structured around the cases of persons who have been convicted of crimes under the law of Western Australia of which those persons claim to be innocent. Students will also study key cases of wrongful convictions both in Western Australia and in other jurisdictions. Applicants apply to the Sellenger Centre CJR Project, seeking case review. Under the instructions of a practising criminal lawyer, students enrolled in LAW4130 review cases, determining if they meet the requirements of the project or not. If a case is accepted by the project, a case brief is prepared. When completed, the case brief is progressed by a pro-bono Barrister. Students will also:
  7. Work collaboratively with peers and professionals in a team environment.

Additional Learning Experience Information

This unit is offered in the on-campus mode only and runs for one full semester. The Project is driven by students under the guidance of academic scholars and a practising criminal barrister and students are required to contribute to cases by following the instruction of unit coordinator and the supervising legal practitioner. While students will work under supervision of an academic and qualified legal practitioner, any decisions in relation to the management of a convicted person's case will be the sole responsibility of the supervising legal practitioner. This unit requires weekly attendance on campus, for both team meetings and project meetings with the students' supervising legal practitioner. Attendance at these meetings will provide them with the opportunity to generate ideas in relation to the case evidence. The students' day-to-day activities will require them to further develop and demonstrate effective communication skills, teamwork skills and critical thinking skills.

Assessment

GS2 GRADING SCHEMA 2 Used for performance and/or practical based units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescription
PerformanceGroup and individual performance and participation
Reflective PracticeIndividual Reflections
PresentationGroup presentation

Text References

  • Huff, R.C., Rattner, A., & Sagarin, E. (1996). Convicted but innocent: Wrongful conviction and public policy. Thousand Oaks, CA: Sage Publications.
  • Scheck, B., Neufeld, P., & Dwyer, J. (2001). Actual innocence. New York, NY: Signet Publications.
  • Huff, R.C., & Killias, M. (Eds.). (2008). Wrongful conviction: International perspectives on miscarriage of justice. Philadelphia, PA: Temple University Press.

Journal References

  • Stiglitz, J., Brooks, J., & Shulman, T. (2002). The hurricane meets the paper chase: Innocence projects new emerging role in clinical legal education. California Western Law Review, 38, 413-432.
  • Langdon, J., & Wilson, P. (2005). When justice fails: A follow-up examination of serious criminal cases since 1985, Journal of the Institute of Criminology, 17(2), 179-202.
  • Edwards, K. (2005). Ten things about DNA contamination that lawyers should know. Criminal Law Journal, 29, 71-93.
  • Weathered, L. (2003). Investigating innocence: The emerging role of innocence projects in the correction of wrongful conviction in Australia. Griffith Law Review, 12(1), 64-90.
  • Weathered, L. (2007). Does Australia need a specific institution to correct wrongful convictions? Journal of the Institute of Criminology, 17(2), 203-216.
  • Findley, K. The pedagogy of innocence: Reflections on the role of innocence projects in clinical legal education. New York Law School Clinical Research Institute (Research Paper Series No. 06/07 #5).
  • Weathered, L. (2005). Pardon me: Current avenues for the correction of wrongful conviction in Australia. Journal of the Institute of Criminology, 17(2), 203-216.

Website References

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4130|2|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Innocence Project

  • Unit Code

    LAW4130

  • Year

    2016

  • Enrolment Period

    2

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus

Description

The Sellenger Centre Criminal Justice Review (CJR) Project is committed to pursuing the exoneration of those who have been wrongly convicted. By identifying the factors that contribute to wrongful conviction, it seeks to facilitate law reform, equity and equality for all who encounter the justice system process. The Innocence Project unit (LAW4130), a component of the CJR Project is driven by students, senior legal practitioners and scholars who work collaboratively in an environment that fosters integrity, respect, personal excellence and rational enquiry, to review cases where wrongful conviction is claimed. Students working in the Project are involved with the investigation and case management of potentially innocent but convicted persons; providing students with hands on experience in working in a professional capacity on real life cases with exposure to learning case and file management skills, investigative practises, interviewing skills, preparation of witness statements and briefs, and research skills. The Sellenger Centre Innocence Project develops future professionals who are committed to the values associated with justice for all. While students will work under supervision of an academic and qualified legal practitioner, any decisions in relation to the management of a convicted person's case will be the sole responsibility of the supervising legal practitioner. Acceptance to this unit will be by application ONLY.

Learning Outcomes

On completion of this unit students should be able to:

  1. Construct and manage case files.
  2. Critically analyse documentary evidence.
  3. Critically consider the imperfections of the criminal justice system in Western Australia.
  4. Critically consider the imperfections of the criminal justice systems in other jurisdictions.
  5. Critically consider the process of law reform.
  6. Demonstrate an ability to respond to, and follow instructions from a practicing lawyer.
  7. Demonstrate an understanding of professional responsibility and legal professional privilege.
  8. Demonstrate sound teamwork skills.
  9. Demonstrate the ability to communicate appropriately and effectively in a professional manner.
  10. Demonstrate the ability to work collaboratively in a professional context.
  11. Develop an understanding of the factors that contribute to wrongful conviction.
  12. Develop an understanding of the impact of the criminal justice system.
  13. Show an understanding of the ethical issues associated with the Innocence Project work.

Unit Content

  1. Consider the factors that contribute to wrongful conviction.
  2. Consider the process of law reform.
  3. Critically review, develop and manage documentary evidence required as part of the case review process.
  4. Learn and apply the protocols of the CJR Project, demonstrating the professional and ethical responsibility of working within an 'Innocence Project'.
  5. Review key cases of wrongful convictions both in Western Australia and in other jurisdictions.
  6. This unit will be structured around the cases of persons who have been convicted of crimes under the law of Western Australia of which those persons claim to be innocent. Students will also study key cases of wrongful convictions both in Western Australia and in other jurisdictions. Applicants apply to the Sellenger Centre CJR Project, seeking case review. Under the instructions of a practising criminal lawyer, students enrolled in LAW4130 review cases, determining if they meet the requirements of the project or not. If a case is accepted by the project, a case brief is prepared. When completed, the case brief is progressed by a pro-bono Barrister. Students will also:
  7. Work collaboratively with peers and professionals in a team environment.

Additional Learning Experience Information

This unit is offered in the on-campus mode only and runs for one full semester. The Project is driven by students under the guidance of academic scholars and a practising criminal barrister and students are required to contribute to cases by following the instruction of unit coordinator and the supervising legal practitioner. While students will work under supervision of an academic and qualified legal practitioner, any decisions in relation to the management of a convicted person's case will be the sole responsibility of the supervising legal practitioner. This unit requires weekly attendance on campus, for both team meetings and project meetings with the students' supervising legal practitioner. Attendance at these meetings will provide them with the opportunity to generate ideas in relation to the case evidence. The students' day-to-day activities will require them to further develop and demonstrate effective communication skills, teamwork skills and critical thinking skills.

Assessment

GS2 GRADING SCHEMA 2 Used for performance and/or practical based units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescription
PerformanceGroup and individual performance and participation
Reflective PracticeIndividual Reflections
PresentationGroup presentation

Text References

  • Huff, R.C., Rattner, A., & Sagarin, E. (1996). Convicted but innocent: Wrongful conviction and public policy. Thousand Oaks, CA: Sage Publications.
  • Scheck, B., Neufeld, P., & Dwyer, J. (2001). Actual innocence. New York, NY: Signet Publications.
  • Huff, R.C., & Killias, M. (Eds.). (2008). Wrongful conviction: International perspectives on miscarriage of justice. Philadelphia, PA: Temple University Press.

Journal References

  • Stiglitz, J., Brooks, J., & Shulman, T. (2002). The hurricane meets the paper chase: Innocence projects new emerging role in clinical legal education. California Western Law Review, 38, 413-432.
  • Langdon, J., & Wilson, P. (2005). When justice fails: A follow-up examination of serious criminal cases since 1985, Journal of the Institute of Criminology, 17(2), 179-202.
  • Edwards, K. (2005). Ten things about DNA contamination that lawyers should know. Criminal Law Journal, 29, 71-93.
  • Weathered, L. (2003). Investigating innocence: The emerging role of innocence projects in the correction of wrongful conviction in Australia. Griffith Law Review, 12(1), 64-90.
  • Weathered, L. (2007). Does Australia need a specific institution to correct wrongful convictions? Journal of the Institute of Criminology, 17(2), 203-216.
  • Findley, K. The pedagogy of innocence: Reflections on the role of innocence projects in clinical legal education. New York Law School Clinical Research Institute (Research Paper Series No. 06/07 #5).
  • Weathered, L. (2005). Pardon me: Current avenues for the correction of wrongful conviction in Australia. Journal of the Institute of Criminology, 17(2), 203-216.

Website References

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4130|2|2