LAWS6230 - Expert Evidence

Objectives

  • Examine the role of expert witnesses, their reports and their testimony in criminal and civil cases.
  • Focus on the accountability of expert opinions and upon the effectiveness by which experts are examined and cross-examined.
  • Scrutinise the common law and legislative rules of expert evidence and the rules of procedure that relate to the admissibility of expert evidence.
  • Explore the role and impact of expert evidence in a range of different forms of litigation.

Content

The principles, practices and procedures governing expert evidence in a variety of types of civil proceedings, including in relation to questions of liability and the quantification of damages; expert evidence in criminal proceedings, including the role of psychiatric and psychological evidence, in cases involving evaluation of fitness to stand trial; assessment of criminal intent; diminished responsibility and insanity; issues relating to prediction of dangerousness; post-traumatic stress disorder as psychiatric injury; the main forensic syndromes – battered woman syndrome; rape trauma syndrome; cult indoctrinee syndrome; repressed memory syndrome; child sexual abuse accommodation syndrome and parental alienation syndrome.

Session

Semester 1 Intensive
7-8 & 28-29 May 2010

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • 1 x 3,500 Word Take-Home Exam (50%)
  • 1 x 3,500 Word Assignment (50%)

Assumed Knowledge

Candidates without a law degree may enrol in this unit but should be aware that the unit focuses on legal and evidentiary issues.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Criminology | Graduate Diploma in Criminology | Master of Health Law | Graduate Diploma in Health Law