Forensic Advocacy - University of Western...

LAW SCHOOL

Forensic Advocacy LAWS3366

6 credit points

Unit Outline (Amended)

Non-Standard Teaching Period – N3B 6-8 & 11-12 July 2011

Conducted by

Professor the Hon. George Hampel AM QC with members of the WA Bar

Supported by

International Institute of Forensic Studies

© COPYRIGHT 2006

Monash University – International Institute of Forensic Studies These materials are copyright. Subject to the Copyright Act 1968, they and any part of them may not be reproduced in any material form, performed in public, broadcast, transmitted by subscription, cable service, or adapted without the prior written permission of the International Institute of Forensic Studies. Revised by Prof. the Hon George Hampel AM QC 8 March 2011

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All material reproduced herein has been copied in accordance with and pursuant to a statutory licence administered by Copyright Agency Limited (CAL), granted to the University of Western Australia pursuant to Part VB of the Copyright Act 1968 (Cth). Copy of this material by students, except for fair dealing purposes under the Copyright Act, is prohibited. For the purposes of this fair dealing exception, students should be aware that the rule allowing copying, for fair dealing purposes, of 10% of the work, or one chapter/article, applies to the original work from which the excerpt in this course material was taken, and not to the course material itself. © The University of Western Australia 2001

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CONTENTS

UNIT DESCRIPTION ................................................................................................ 4

CONTACT DETAILS ................................................................................................ 4

TEACHING AND LEARNING STRATEGIES ............................................................ 5

UNIT STRUCTURE AND SCHEDULE ...................................................................... 6

TEXTBOOKS & RESOURCES ............................................................................... 11

ASSESSMENT ....................................................................................................... 11

GENERAL RULES, POLICIES AND PROCEDURES ............................................. 12

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UNIT DESCRIPTION

Introduction

This unit is an introduction to the theoretical and practical questions involved in the administration of partisan justice, the theories and techniques employed in the preparation and presentation of cases in court and the skills required in advocacy in a court or tribunal. Each step of the trial process is studied—the preparation of the trial (as distinct from procedural steps), the opening address, examination, cross-examination and re-examination of witnesses, the tendering of documentary evidence, taking objections, closing address, and submissions on law. The unit is skills-based and is conducted largely by workshops in small groups. Admission to this unit, taught as a one-week intensive course, is restricted by quota. Approved quota: 50—intended for students in the final year of the Bachelor of Laws

Prerequisites

Prerequisites: LAWS3310 Evidence

Learning outcomes

Students acquire advocacy skills in trials and other contexts.

CONTACT DETAILS

Unit Coordinator

Name: Professor The Hon. George Hampel AM QC

Email: [email protected]

Phone: 03 9903 8527

Fax: 03 9903 8504

Consultation hours: By appointment

Lecture Times: See timetable

Lecture Building & Room:

Moot Court, G.06

http://units.handbooks.uwa.edu.au/unit_redirector?reference=LAWS3310

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TEACHING AND LEARNING STRATEGIES

Expected fundamental skills

This unit assumes that students have already developed certain basic skills. It is expected that students have an adequate command of:

English and related communication skills – students are expected to have very high English language skills and to be able to understand and follow the principles of accepted expression and style.

Information literacy skills – work with computers, whether for word processing or for legal research, are an important aspect of studying law; students are expected to have and to further develop the relevant skills.

If you are not well prepared in any of the above areas you should make every effort to remedy the situation through undertaking additional reading and/or practice. Do not hesitate to ask for advice from your teacher. The University’s Student Learning, Research and Language Skills Service offers assistance in a variety of areas, including writing skills, study skills, examination preparation and stress management. The Service is located on the second floor of the Guild Village, south entrance/exit, and can be contacted

by telephoning 6488 2423 or 6488 2258

via www.studentservices.uwa.edu.au/ss/learning

Charter of student rights and responsibilities

The Charter of Student Rights and Responsibilities sets out the fundamental rights and responsibilities of students and their organisations at UWA. It recognises that excellence in teaching and learning requires students to be active participants in their educational experience. It upholds the ethos that in addition to the University's role of awarding formal academic qualifications to students, the University must strive to instil in all students independent scholarly learning, critical judgement, academic integrity and ethical sensitivity. The Charter also recognises that students are central to a dynamic University community. In doing so, the University recognises the importance of student rights, responsibilities and opinion and encourages diversity within the student body. For the full text of the charter, please refer to http://www.secretariat.uwa.edu.au/home/policies/charter

Student Guild contact details

The University of Western Australia Student Guild 35 Stirling Highway Crawley WA 6009 Phone: (+61 8) 6488 2295 Facsimile: (+61 8) 6488 1041 E-mail: [email protected] Website: http://www.guild.uwa.edu.au

http://www.studentservices.uwa.edu.au/ss/learning

http://www.secretariat.uwa.edu.au/home/policies/charter

mailto:[email protected]

http://www.guild.uwa.edu.au/

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UNIT STRUCTURE AND SCHEDULE

Class structure

Contact hours—taught intensively in workshop and moot trial form Note: Attendance at all sessions is mandatory.

Day 1

Wednesday, 6th July 2011

SESSION TIME DETAILS

SESSION 1 9.00-0915

WELCOME

COURSE OUTLINE

SESSION 2

0915-1015

Advocacy In The Adversary System

Ethics Of Advocacy

SESSION 3 1015-1100 Fundamentals Of Advocacy

MORNING TEA 1100 – 1120

SESSION 3 (Continued)

1120-1200 Fundamentals Of Advocacy

SESSION 4

1200-1300 Technique:

Examination In Chief

Cross Examination

Lunch and Advocacy Video 1300-1430

SESSION 5

1430-1530 Spot Performances

DPP v Evelyn Cannon

AFTERNOON TEA 1530-1550

SESSION 5

Continued

1550-1650 Case Theory & Demonstrations

DPP v Evelyn Cannon

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DAY 2

THURSDAY 7TH JULY


SESSION 6 0900 – 1030 PRESENTATION OF

OPENING ADDRESS

ARGUMENT

Nature And Presentation Of Argument


SESSION 7 1050-1250

Sentencing & Plea In Mitigation

Spot performances -

DPP v Uri Zukov

LUNCH 1250-1335

SESSION 8 1335-1450 Communication Skills In The Courtroom

SESSION 9 1450 – 1535 Applications

Porcine v. Royal Bridgewater Golf Club

An Ex Parte Application for an Injunction

S 3, 4, 5 Present the Application

Performance (7 minutes)

Review (5 minutes)

Discussion

AFTERNOON TEA 1535-1550

SESSION 10 1550 – 1700 Trial: DDP v. Canning

S1 Prosecution Opening 7 mins

S2 Defence Opening 5 mins

S3 Examination in chief – Ms Day 7 mins

S4 Cross examination – Ms Day 6 mins

S5 Examination in chief – Sgt Moore 7 mins

S6 Cross examination – Sgt Moore 6 mins

Discussion

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DAY 3

FRIDAY 8TH JULY


SESSION 10 (continued)

0900 – 0945

S7 Examination in chief – Canning 7 mins S8 Cross examination – Canning 6 mins S9 Prosecution address 8 mins S10 Defence address 8 mins Review by instructor of each performance – 4 mins

SESSION 11

0945-1045

DPP v Canning

Discussion

Case Theory Demonstrations

SESSION 12

1045-1100

OVERVIEW & CLOSING

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Day 4

Monday, 11th July 2011

Session Time Program

Session 13 0900 – 1050 Examination And Cross Examination

Martin Jackson v FAA Insurance Co Ltd

S1 Examination in chief - White 6 mins

S2 Cross examination - White 6 mins

S4 Examination in chief - Molnar 6 mins

S3 Cross examination - Molnar 6 mins

S6 Examination in chief - Martin Jackson 6 mins

S5 Cross examination – Martin Jackson 6 mins

S8 Examination in chief - Marina Jackson 6 mins

S7 Cross examination - Marina Jackson 6 mins

S9 Examination in chief - Martin Jackson 6 mins

S10 Cross examination - Marina Jackson 6 min

Review by instructor of each performance – 4 min


Session 14 1105 -1300 Opening and closing addresses

Martin Jackson v FAA Insurance Co Ltd



S3 Prosecution Address 6 mins

S4 Defence Address 6 mins








LUNCH 1300 – 1400

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Session 15 1400 - 1550 Plea In Mitigation – Teller

S10, 9, 8, 7 6 mins each

Injunction – Porters Plumbing

S6 for the applicant 6 mins

S5 for the respondent 6 mins






AFTERNOON TEA 1550 – 1605

Session 16 1605 -1700 Preparation for trial – Adams v Chandler

Day 5

Tuesday, 12th July 2011


Session 17 0900 -1100

Trial: Adams v Chandler

To be performed in break out groups

Roles and times to be allocated.


Session 17 continued

1115 -1230 Trial: Adams v Chandler

Continued

LUNCH 1230 - 1330

Session 18 1330 - 1500 Trial judgment

Discussion

Closing of the advocacy course

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TEXTBOOKS & RESOURCES

Unit Website

The electronic version of this Unit Outline can be viewed here http://www.law.uwa.edu.au/students/outlines

Required Reading

Hampel, G. et al. Advocacy Manual: the complete guide to persuasive advocacy: Australian Advocacy Institute 2008 (copies available in the Law Library)

Recommended Reading

Glissan, J. L. Cross-examination Practice and Procedure—an Australian Perspective, 2nd ed.: Butterworths 1991

Hampel, G. and Brimer, E. Hampel on Ethics and Etiquette for Advocates: Leo Cussen Institute 2001

Mauet, T. A. and McCrimmon, L. A. Fundamentals of Trial Techniques, 2nd ed.: Lawbook Co. 2001

Perry, M. Hampel on Advocacy: A Practical Guide to Basics: Leo Cussen Institute 2005

In addition, students are provided with exercise papers and workshop problems which they are expected to have mastered prior to the commencement of the workshops.

ASSESSMENT

This unit is assessed on a pass/fail basis. Note: Attendance at all sessions is mandatory. Supplementary assessment is not available in this unit because the Faculty has been granted an exemption.

http://www.law.uwa.edu.au/students/outlines

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GENERAL RULES, POLICIES AND PROCEDURES

The Law School has a range of rules, policies and procedures that apply to all units unless expressly varied by the unit coordinator. They should be read in conjunction with the unit outline. The general rules, policies and procedures can be found on the Current Students webpage:

http://www.law.uwa.edu.au/students/policies This page contains policies relating to assessment, enrolment and lectopia:

Academic dishonesty, includes the Faculty policy on misconduct

Appeals

Assessment

Assignments

Results and progress status

Special consideration

Lectopia Important Note: Academic dishonesty or misconduct includes cheating, plagiarism, falsifying results, collusion and helping someone else to commit any dishonest act. The penalties for academic dishonesty or misconduct can be severe, including exclusion from the University. Academic dishonesty or misconduct may have to be reported to the authorities responsible for admission to the legal profession, and will be taken into account in deciding whether a person is suitable for admission as a legal practitioner.

http://www.law.uwa.edu.au/students/policies

http://www.law.uwa.edu.au/studentnet/policies/dishonesty

http://www.law.uwa.edu.au/studentnet/policies/assessment

http://www.law.uwa.edu.au/studentnet/policies/assessment

http://www.law.uwa.edu.au/studentnet/policies/assignments

http://www.law.uwa.edu.au/studentnet/policies/results

http://www.law.uwa.edu.au/studentnet/policies/consideration

http://www.law.uwa.edu.au/studentnet/policies

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