This course deals with the judicial phase of the criminal justice process, beginning from the initial decision to bring criminal charges, through the pretrial and trial processes, and concluding with sentencing. The major focus is opinions of the United States Supreme Court imposing federal constitutional limitations on criminal procedure. Course coverage includes the following topics: the decision to initiate prosecution; bail and pretrial detention; the grand jury; the right to the effective assistance of counsel; the right to a speedy trial; discovery and disclosure of evidence; plea bargaining; the right to an impartial trial; the right to a jury; double jeopardy; and sentencing. Study of decisions of the United States Supreme Court is supplemented 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. In addition to regular class preparation and participation, students will be required to complete an experiential assignment, in which they will witness some aspect of criminal adjudication relevant to the course and reflect on that experience in writing. This course satisfies the Con Law II requirement.
Textbooks ( * denotes required )
Criminal Procedure : Adjudication and the Right to Counsel
*
Allen, Ronald J., Hoffmann, Joseph L., Livingston, Debra A., Leipold, Andrew D., and Meares, Tracey L.
Wolters Kluwer Law & Business
,
edition: 3
ISBN: 978-1-5438-0438-6
Laurin, Jennifer E. 