Advanced evidence and proof in criminal litigation

Students will gain advanced skills in working with issues of evidence and proof in the criminal trial context. These will include critical analysis and evaluation of selected provisions of the Evidence Act 2008 (Vic) and the Jury Directions Act 2015 (Vic), especially in the context of serious criminal trials. The emphasis will be on placing evidence law in a broader context that is informed both by human rights principles, in particular those found in the Charter of Human Rights and Responsibilities Act 2006 (Vic), and by comparative perspectives. Students will also gain practical skills of factual analysis, reasoning, methods of analysing and marshalling evidence and problem-solving, and constructing, criticising and evaluating complex arguments. The syllabus will cover: advanced research, analysis and practical application in the criminal trial context of a selection of some of the more complex and contested rules of evidence; the extent to which evidence law safeguards the reliability of evidence; the evidential implications of criminal investigation; the implications of trial by jury; the quest for speed and efficiency in the process of proof; possible paths to reform of evidence law; and how to argue from and about evidence, both orally and in writing.