This course deals with the judicial phase of the criminal justice process. The major focus is opinions of the United States Supreme Court imposing federal constitutional limitations on criminal procedure. This material is fleshed out by examination of selected provisions of the Federal Rules of Criminal Procedure, typical federal and state statutes, and opinions of the lower federal and state courts. The scope of the course extends beyond the adjudication of guilt or innocence and includes a brief examination of sentencing decisions and appeal of and collateral attack on convictions.
The following are the major phases of the criminal process included in this course: bail and pretrial detention, the decision to initiate prosecution, the preliminary examination, the grand jury, the right to a speedy trial, competency to stand trial, discovery and disclosure of information to other parties, right to an impartial trial, joinder and severance of charges and defendants, double jeopardy, pretrial hearings, plea bargaining and adjudication of guilt by plea, selected constitutional issues in the criminal trial, sentencing, and appeal and collateral attack upon convictions.
This course satisfies the Con Law II requirement.
Churgin, Michael J.