M36 The Legal Process
Aims and Learning Outcomes
This module aims to provide students with knowledge and awareness of the attitude of the criminal courts towards defendants (including mentally disordered defendants and those who are not fit to be tried).
By the end of this modules students are expected
- to have an understanding of the remedies available in the civil courts and tribunals to litigants who have suffered psychological injuries caused (directly or indirectly) by accidents; or by stressful situations at work; or because of the malicious conduct of others.
- to have an understanding of the procedures and safeguards that exist for the interviewing of children and mentally disabled persons.
- to have an understanding of the principal rules of evidence in criminal cases and the special rules that apply to expert witnesses in civil and criminal cases.
- to have an understanding of how the Human Rights Act 1998 underpins or affects the rights of police suspects, defendants, and litigants in the United Kingdom courts and tribunals.
Course Convenor
Mr Leslie Blake
Other Contributors
Contact Hours
20
Required Prerequisite Study
None.
Completion Requirement
Completion of the module (and the acquisition of 15 course credits) requires a total of 20 contact hours in the form of lectures and seminars and a minimum of 15 additional contact hours in the form of visits to courts and tribunals. Students are also required to invest a minimum of 65 hours of study time in completion of the module.
Assessments
1: LEGAL RESEARCH (2000 words) (50% OF THE FINAL MARK)
Making use of law reports and other sources of legal information (naming them), identify and comment upon:
The rules that relate to the procedures of Mental Health Review Tribunals;
The statutory rules that apply to appeals to the Court of Appeal, Criminal Division
A recent (i.e. within the last 5 years) decision of the House of Lords relating to Diminished Responsibility as a defence to a charge of murder, or (if there was no further appeal to the House of Lords) a decision on this subject of the Court of Appeal Criminal Division.
2: COURT VISITS / SUMMARY AND REFLECTION (50% OF THE FINAL MARK)
Visit any TWO of the following Courts or Tribunals and prepare a summary of the cases you saw there, indicating the name of the court, the nature of the proceedings, the evidence given there, any legal arguments presented, and the result of the case (if the case finished while you were there). From the point of view of a psychologist, comment on the way the proceedings were dealt with, paying particular attention to the rights and interests of the parties to the proceedings and/or the treatment of any witnesses in the case or cases. The target is approximately 1,500 words for each of the two courts or tribunals.
The courts or tribunals to be visited are any TWO of the following:
The Court of Appeal, Criminal Division (Royal Courts of Justice, Strand, London);
Guildford Crown Court (or any other Crown Court that is convenient for you);
Guildford Magistrates' Court (or any other Magistrates' Court that is convenient for you);
The Employment Appeal Tribunal, Victoria Embankment, London or any Employment Tribunal (e.g. at Reading or Croydon);
Any Coroner's Court.
Note: Two or more candidates visiting the same court or tribunal at the same time may compare their notes and discuss their conclusions before preparing the final version of their assignments but each candidate must submit a distinctly separate final version of that assignment.
Suggested Reading
Law Reading
Baker, C.D. (current edition). Tort. London: Sweet & Maxwell.
Barrett, B. & Howells, R. (current edition) Occupational Health and Safety Law: Text and Materials. London: Cavendish Publishing.
Blackstone's Medical Law Statutes (current edition). London: Blackstone Press.
Blackstone's Statutes on Public Law and Human Rights (current edition). London: Blackstone Press.
Murphy, P. (current edition) Murphy on Evidence. London: Blackstone Press.
Slade, E. (current edition) Tolley's Employment Handbook. London: Butterworths Tolley.
Smith, J. & Hogan, B. (current edition) Criminal Law. London: Butterworths Tolley.
Ward, R. (current edition) Walker and Walker's English Legal System. London: Butterworth Tolley.
Weir, T. (current edition) A Casebook on Tort. London: Sweet and Maxwell.
Reference Books:
Archbold's Criminal Pleading, Evidence, and Practice. (Current annual volume) London: Sweet & Maxwell.
Blackstone's Criminal Practice. (Current annual volume) London: Blackstone Press.
Gregory, R.L. (ed) (Current edition) The Oxford Companion to the Mind. Oxford: Oxford University Press.
Stone's Justices' Manual. (Current edition) London: Shaw & Sons/Butterworths Tolley.
Legal Periodicals:
The Criminal Law Review. (Monthly) London: Sweet & Maxwell.
The Journal of Criminal Law. (Quarterly)
The New Law Journal. (Weekly) London: Butterworths Tolley.
Suggested Psychology Reading:
Adler, J. R. (Ed.) (2004). Forensic Psychology: Concepts, Debates and Practice. Cullompton: Willan Publishing.
Blackburn, R. (1993). The Psychology of Criminal Conduct: Theory, research and practice. Chichester: Wiley.
Bull, R. & Carson, D. (1998). Handbook of Psychology in Legal Contexts. Chichester: Wiley.
Gudjonsson, G. H. & Haward, L. R. C. (2000). Forensic Psychology: A Guide to Practice. London: Routledge.
Howitt, D. (2002). Forensic and Criminal Psychology. London: Pearson – Prentice Hall.
McGuire, J., Mason, T., & O’Kane, A. (2000). Behaviour, Crime & Legal Processes: A Guide for Forensic Practitioners. Chichester: Wiley.
Memon, A., Vrij, A., & Bull, R. (2003). Psychology and Law: Truthfulness, Accuracy and Credibility. Chichester: Wiley.
Towl, G. & Crighton, D. A. (1996). The Handbook of Psychology for Forensic Practitioners. London: Routledge.