LAW 9212 - Criminal Procedure

This course examines the manner in which, and the extent to which, the U.S. Constitution - particularly the Fourth, Fifth, Sixth, and Fourteenth Amendments - imposes constraints on the investigation and adjudication of crime. Topics include bail and preventative detention, the right to the effective assistance of counsel, prosecutorial discretion and plea bargaining, the right to trial by jury, appeals from criminal convictions, double jeopardy, the federal remedy of habeas corpus, theories of constitutional interpretation, the incorporation of the Bill of Rights, search and seizure, interrogation, and the right to counsel. The primary focus will be on the federal constitutional constraints applicable to the criminal justice system. Broader questions concerning the criminal justice system, such as the proper goals of the system and the extent to which poverty and race distort the system’s intended operation will also be addressed. Although not required for graduation, this course is recommended for students interested in advanced study and/or practice in the criminal law field. While not a formal prerequisite, the course is highly recommended for students interested in enrolling in any advanced criminal law and criminal procedure courses. Credit(s): 4