79023 Environmental Forensic Law
Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
UTS: LawCredit points: 6 cp
Subject level:
Undergraduate
Result type: Grade and marksRequisite(s): 79004 Environmental Law and Science OR 79203 Business Law and Ethics
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Handbook description
Environmental forensic scientists use a range of tools including chemical characterisation to biological markers to determine where environmental pollution has occurred, how it has occurred and who is responsible. This subject examines how this evidence can be used in court and students will learn how to develop the scientific case for identifying the responsible parties.
Subject objectives/outcomes
1. To understand the nature of the legal system in Australia and the adversarial process and to demonstrate an ability to extract from case authorities the facts, issues and legal principles, the reason for the decision contained therein.
2. To interpret relevant legislation such as the Evidence Act 1995 (NSW) and the Land and Environment Court Act 1979 (NSW)
3. To apply the laws of evidence, particularly as they relate to expert evidence, and to apply techniques and principles gained in previous forensic science subjects in relation to the presentation of scientific material in an admissible and persuasive form.
4. To understand the different ways in which similar issues are approached in science and in law.
5. To understand and assume the role of the expert witness in the Australian Judicial System.
6. Understand the ethical issues and practical implications associated with the role of an expert witness.
Contribution to course aims and graduate attributes
Contribution to course aims and graduate attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.
PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.
PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.
Content
Topic 1: Ethics, law and forensic science. Review of legal concepts. The Judicial method. Basic legal research.
Topic 2: Examination of legislative provisions relating to the receipt of evidence within the Commonwealth and NSW jurisdictions.
Topic 3: The rules of evidence and how they relate to the giving of evidence. The various ways in which expert evidence may be adduced.
Topic 4: An overview of the rules of advocacy. The roles of the forensic scientist in case preparation and conduct. The roles of the expert witness. The rules of evidence and how they relate to the giving of expert evidence - particularly concurrent evidence.
Topic 5: Wrongful Convictions. The limits of science in the legal process. Wrongful Convictions. An Australian Case Study
Topic 6: Examination of legislative provisions relating to the assessment, governance and prosecution of environmental issues within NSW.
Topic 7: Examination of the various jurisdictional issues relating to the Land and Environment Court of NSW.
Topic 8: The art of Expert Report writing.
Topic 9: Court Visit – Observation of Land and Environment Court proceedings.
Topic 10: Trial procedures (practical).
Assessment
Assessment Item 1: Class Participation
| Objective(s): | Link to Objectives: Class participation will assess the students’ ability demonstrate their abilities to think critically and work in a cooperative environment, whilst developing a wider understanding of the views of others. |
| Weighting: | 10% |
| Criteria: | As per the task. |
Assessment Item 2: Examination
| Objective(s): | Link to Objectives: 1, 2, 3, 4, 5 and 6 |
| Weighting: | 40% |
| Criteria: | As per the task. |
Assessment Item 3: Case Notes
| Objective(s): | Link to Objectives: 1, 2, 3, 4, 5 and 6 |
| Weighting: | 50% |
| Criteria: | As per the description. |
Required texts
Nil
Recommended texts
G. Bates, Environmental Law in Australia, 7th Ed., Lawbook Co (2010)
J Carvan, Understanding the Australian Legal System, 5th Ed., Lawbook Co (2005)
Farrier and Stein, The Environmental Handbook: Planning & Land Use in NSW, 5th Ed,. Thomsons (2011)
I Freckelton and H Selby, Expert Evidence: Law Practice, Procedure and Advocacy, (3rd ed.) Lawbook Co, (2005)
A Jackson and J Jackson, Forensic Science, Pearson (2004)
T Mauet and L McCrimmon, Fundamentals of Trial Techniques, (2nd ed.), LBC, (2001)
M Meek, The Australian Legal System, (Nutshell), (3rd ed.), Lawbook Co
S Odgers, Uniform Evidence Law, (9th ed.), Lawbook Co (2010)
D Ross, Advocacy, (2nd ed) Cambridge University Press (2007)
H Selby, Appellate practice, Federation Press, (2008)
H Selby, Winning advocacy: preparation, questions, argument, (2nd ed.), Oxford University Press (2004)
P C White, Crime Scene to Court The Essentials of Forensic Sciences, (2nd ed.), The Royal Society of Chemistry (2004)
C Ying, Essential Evidence, Cavendish (2005)
Other resources
Useful Websites
www.austlii.edu.au - Austlii on-line legal research database (legislation and cases)
www.comlaw.gov.au - Cth Attorney Generals Dept on-line legal research database (legislation)
www.legislation.nsw.gov.au - NSW on-line legal research database (legislation)
http://www.alrc.gov.au/ - Australian Law Reform Commission
http://www.lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_index - NSW Law Reform Commission
http://www.lib.monash.edu/subjects/law/forensic.html#leg - Monash University Forensic Science reference links
http://www.nifs.com.au/ - National Institute of Forensic Sciences
http://www.scientific.org/ - Scientific Testimony
