Practice in Criminal Procedure

• Semester: Fall 2022
• Course ID: 296W
• Credit Hours: 2
• Unique: 29409

Description

This is a one-semester two-unit course about real world statutory and constitutional criminal procedure issues that arise regularly in the federal courts. We will meet once a week for two hours. The only prerequisite is first-year criminal law. Enrolling in this course will not prevent you from receiving credit for criminal procedure investigation or adjudication. I will try to focus on topics not ordinarily covered in Crim. Pro. During most of our classes you will prepare written documents that you will argue before a judge. Most of this work will be done in groups, and you will regularly switch sides. For example, we will briefly discuss the Fourth Amendment standards to establish probable cause and voluntary consent to search, and perhaps the Fifth Amendment’s privilege against compelled self-incrimination. Then you will draft a motion to suppress evidence and argue that motion. We will briefly discuss the Fifth Amendment’s Grand Jury Clause and FRCP 6 and 7. Some of you will draft an indictment, prep your case agent, obtain a true bill, and defend against a Motion to Dismiss. Others will draft a Motion to Dismiss (Rule 12) and seek a bill of particulars (Rule 7(f)). After a brief discussion regarding your obligations, you will engage in discovery pursuant to Rules 16, 16.1, and Brady. You may give an opening statement, negotiate a guilty plea, request jury instructions (Rule 30), shepherd your client through probation (Rule 32) to obtain a favorable PSR, submit a sentencing motion, prep your client’s family, and argue at a sentencing hearing.  As a judge, you might accept or reject a plea pursuant to Rule 11, consider granting relief from prejudicial joinder pursuant to Rule 14, or grant or deny a motion for judgment of acquittal pursuant to Rule 29.    

There is no casebook. Please check Canvas every week for assignments. There is no final exam. Your grade is based 100% on your written and oral assignments.