Criminal Procedure: Investigation

Course Information

Registration Information

Meeting Times

Day Time Location
MON, TUE, WED 8:10 - 9:00 am TNH 2.137

Evaluation Method

Type Date Time Location
Final December 7, 2015 8:30 am A-P in 2.140
Q-Z in 2.138

Description

This is a course in the exclusionary rule and limits upon criminal investigations that are enforced by the exclusionary rule. The exclusionary rule is the doctrine that provides that evidence obtained in violation of a criminal defendant's rights cannot be used at trial to prove the guilt of that defendant. The course deals with those rights that, if violated, might give rise to a right to have evidence excluded. These rights include the Fourth Amendment right to be free from unreasonable searches and seizures, the right to warnings, and the right to the assistance of counsel during police line-ups. Coverage includes such matters as search warrants, arrests and related searches, searches of automobiles, the "Miranda rights," and similar matters. In addition, the course covers procedural aspects of the exclusionary remedy for violation of these rights. Discussion addresses the justification and wisdom of the exclusionary rule itself and various actual and possible exceptions to the need to exclude evidence improperly obtained. Exceptions considered include the right to use some improperly obtained evidence to impeach a defendant who testifies as a defense witness and the right of the prosecution to introduce evidence wrongfully obtained if the officers believed in "good faith" that they were acting properly. This course satisfies the Con Law II requirement.

Textbooks ( * denotes required )

The Police Function *
Miller, etc/
Foundation , edition: 7th

Instructors

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