Law, at its heart, is a human endeavour. It is deeply impacted by the way in which people think, feel, and behave. Accordingly, psychology is a useful framework for understanding many legal issues. In particular, psychology illuminates: the conflicts that inspire legal doctrines; the quirks of lawmaker, juries, and judges; and the challenges that occur when a legal system is imposed on individuals. Indeed, many wrongful convictions in Australia can be understood through psychology, such as mistaken eyewitness memories and the pressures that lead to false confessions. The broader connection between psychology and law was recently highlighted when Richard Thaler won the 2017 Nobel Prize in Economics for his work in this area.

 

We will explore the study and practice of law through the lens of empirically-tested psychological theories. The course begins with an examination of the three major groups involved in a legal action: the parties to the actions, the judges, and the jury. These topics provide a firm theoretical understanding of classic psychological processes (i.e., attitudinal biases, decision-making, and social cognition) as applied to legal concepts. The course builds on this theoretical framework to explore specific areas of law, such as intellectual property and evidence. We end on a practical slant, studying how to use the science of well-being to build a healthy and sustainable law practice.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Critically reflect on and appraise current legal structures in light of psychological research, including structures that affect the well-being and justice outcomes of Aboriginal and Torres Strait Islander Peoples.
2. Suggest reforms to the legal system based on psychological research and consider the benefits and drawbacks of these reforms, and any limitations in the research.
3. Reflect on and connect legal-psychological concepts discussed in class to comparable areas of research and ideas.
4. Plan and outline a feasible research project connecting a law or legal issue to psychological research to address a gap in knowledge in law and psychology.
5. Conduct a research project connecting a law or legal issue to psychological research.
6. Communicate the results of a legal-psychological research project in a manner that is accessible to an audience with predominantly legal training.

Research-Led Teaching

This unit builds off of Jason's research program in psychology and law and research into wrongful convictions. This work analyses the biases in the legal system and how evidence-informed solutions may improve them. In 2023, this work was cited by the High Court in Lang v The Queen [2023] HCA 29.

Field Trips

N/A

Additional Course Costs

N/A

Examination Material or equipment

N/A

Required Resources

All reading materials are available at no cost at the ANU library, online collection. There is no textbook for the class.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI): The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies. The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction into psychology and law (why people get into disputes)	In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.Student may turn in reaction paper this week (five are due over 12 weeks)
2	The psychology of judges and juries	Student may turn in reaction paper this week (five are due over 12 weeks)
3	The psychology of influence - advocates are trying to change someone's mind, after all!	Student may turn in reaction paper this week (five are due over 12 weeks)
4	Wrongful conviction series part 1: Investigative interviews and coerced confessions	Student may turn in reaction paper this week (five are due over 12 weeks)
5	Wrongful conviction series part 2: Eyewitness memory	Student may turn in reaction paper this week (five are due over 12 weeks)
6	Brainstorming session for final paper topics	Student may turn in reaction paper this week (five are due over 12 weeks)
7	Wrongful conviction series part 3: Expert evidence	Student may turn in reaction paper this week (five are due over 12 weeks)
8	Wrongful conviction series part 4: Why trust a legal system?	Student may turn in reaction paper this week (five are due over 12 weeks)
9	Neurolaw and punishment	Student may turn in reaction paper this week (five are due over 12 weeks)
10	The psychology of intellectual property law	Student may turn in reaction paper this week (five are due over 12 weeks)
11	The subjective well-being of lawyers	Student may turn in reaction paper this week (five are due over 12 weeks)
12	Revision, final assistance with papers	Student may turn in reaction paper this week (five are due over 12 weeks)

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Learning Outcomes
Five reaction papers to a chosen week's topic	50 %	*	1,2,3
Research Paper	50 %	30/05/2024	1,2,3,4,5,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no examination for this course.

Assessment Task 1

Five reaction papers to a chosen week's topic

Details of Task:

• They can be: any thoughts inspired by the lecture and readings, discussion questions, critiques of the material, extensions of the material, ideas for follow-up work, and so on. Feel free to take inspiration from your own experiences, any issues or legal doctrines you are aware of, other research you aware of, current events, and so on.
• You are not expected to do any additional research for these reactions. You may consult generative AI. However, the words and ideas must be your own, unless otherwise referenced. For papers submitted in Week 4 and beyond, there is an expectation that the ideas be cumulative. That is, they should explicitly build off of material and class discussions from earlier weeks.
• Please provide no more than 500 words for each paper. You will be expected to show that you understood the readings and reflected critically on them. You may also discuss the lecture. In other words, summarising some or all of the readings is acceptable and corresponds to a 50-60%. Showing some critical thinking, such as noting the strengths and weaknesses of the content or discussing how the materials fit together and fit with other parts of the class corresponds to 60-80%. Exceptional comments that develop the ideas in the material in a creative way and show mastery of the material they correspond to 80%+. 
• Papers are due 24 hours before the class they relate to (so I can read them in advance of the class and select some for jumping off points to discussion). 

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50% (10% for each of the five reactions)

Word Limit: 500 words for each paper. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 24 hours before the class they correspond to. Due to the nature of the task, late submission or extension is NOT permitted.

Estimated Return Date: Approximately 1 week after submission.

Assessment Criteria:

• Understanding: The student demonstrates they viewed and read the material, and generally understood it.
• Critical thinking about material: The student also thought critically about the material: extensions, limitations, further research, implications, and similar indicia of critical thinking.
• Accumulation (Week 4 and beyond): The student demonstrates they understood how this material fits in with prior week’s learning, including class discussions.

Assessment Task 2

Research Paper

Details of Task: Final research paper. Further details will be made available on Wattle.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50%

Word Limit: 3,000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 30 May 2024. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria:

• Demonstrates understanding of fundamental concepts in psychology;
• Applies psychological theories and findings to legal issues, doctrines and rules;
• Develops or adapts convincing arguments and provides strong justification;
• Communicates information and ideas clearly and fluently;
• Shows originality in generating arguments and reasons.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students