Coordinator:  Ms Vanessa Stafford    Telephone:  83441137    Office:   Room 0837    Email:   Click here to email Vanessa Stafford

 

Prerequisites and/or Corequisites

Prerequisites: Criminal Law and Procedure, Evidence and Proof or equivalent subjects

This subject has a quota of 16 students

Enrolment in this subject is limited to sixteen students.  Students will be required to complete a written application for enrolment.   Interviews may also be conducted.  Additional selection criteria include:

• academic performance;
• relevant work experience including involvement in community-based activities;
• teamwork experience and skills;
• relevance of student's career goal to the overall goals of the Innocence Project; and
• capacity and willingness to commit to the significant time demands of this subject.

Students who are most advanced in their studies will be given priority for enrolment in the subject.
The subject will be available to all University of Melbourne Law School students.

Generic Skills

Description

The University of Melbourne Innocence Project is a pro bono organisation which brings together lawyers, academics and law students to work together to investigate claims of wrongful conviction.  The Project seeks to identify persons who may have been wrongly convicted and to assist in exonerating and/or freeing innocent but convicted persons.

The Project will take on cases where initial investigations support inmates’ assertions that they have been wrongfully convicted and where innocence may be established through the use of DNA technology or other new evidence.  Students, acting on instructions from lawyers and working under the supervision of the Director, undertake research and investigation on selected case files in an effort to uncover and evaluate any new evidence which may be used to exonerate innocent but convicted persons. 

In exceptional circumstances the Project may look into other situations of potential unfairness within the Australian criminal justice system with the aim of correcting, exposing, or educating the public on injustices which may occur. The Project seeks to identify and correct failures in the criminal justice system and to promote a legal culture which champions the defence of the innocent and protects the marginalised and oppressed.  Through the involvement of law students, the Project will invest in lawyers of the future who uphold the values of truth in justice.

The Project is modelled on other successful LLB subjects in universities in Australia and North America. It provides an international perspective on wrongful conviction and highlights the interaction between science, psychology and criminal law. The Project was established in response to proposal from Innocence Project Victoria, an independent group of solicitors, barristers and former judges.  IPV has agreed to continue to support the Project through referral of case files, consultation and the provision of expert advice.

Students will have regular meetings with the Director and instructing lawyers each week.   Students will, generally, work in teams on cases that are allocated to them by the Director.  Student teams will report to and take instructions regarding the advancement of the cases on which they are working during these meetings. 

In addition to the scheduled weekly meetings, students will also be expected to participate in a compulsory intensive introductory program during the week prior to the first week of the semester. Classes will usually run from 9am – 5pm on each of three days during this week.  Students must attend all sessions during the intensive program and participation during these sessions form part of the assessment for the subject.

Similarly, at the end of each semester the ‘exiting’ students will be requested to attend a scheduled session during the next intensive program to ‘hand over’ their case files to the next class of Innocence Project students.  If necessary, a set time during which applicants can contact the students working on their case in the Innocence Project workstation will be scheduled.

Other full group meetings may be called to overview and discuss the cases on which teams are working or for guest lectures, as required.

Investigative work: Students will be involved in a range of investigative activities.  These activities will fall broadly into three categories:

1. Analysis of relevant documents;
2. Contact with relevant persons, which may include applicants;
3. Field activities, which may include visits to crime scenes or prisons if appropriate.
   

All investigative activities must first have the approval of the Director and students will be accompanied by the Director or instructing lawyers when undertaking field activities.

The vast majority of student investigative work will involve analysing relevant documents.  Such documents will include court transcripts of proceedings, briefs of evidence and other relevant documents.  A complete understanding of the factual matrix of each case and the evidence presented at trial must be reached before considering what new evidence may potentially be available and seeking access to any such evidence or other information.  

The Innocence Project is a professional-style course and each case will involve unique issues.  Students should be prepared to be flexible in allocating time for their Innocence Project work.  While there will be set meeting times, students should also be prepared to devote sufficient time to effectively complete their work on the cases allocated to them. Many cases will require more than one semester of work.  (Some cases may take years to investigate).  At the completion of the semester, these cases will be passed on to the incoming class of Innocence Project students. 

Points: 12.5

Mode of delivery: Weekly team meetings

Contact hours: 3 hours per week

Estimated Total Time Commitment: 144 Hours