This course will discuss all aspects of the criminal trial, including topics such as the steps of the trial, the constitutional rights of the trial, presumption of innocence, proof beyond a reasonable doubt, and more. Additionally, a focus on the Constitutional requirements of having a jury as well as selecting an unbiased jury will be discussed.
This course serves to educate the student in the modern pretrial process, including how this process helps reduce overloaded dockets, the purpose and duties of a Grand Jury, Discovery & Preliminary Examination, the Brady Rule, and the power and duties possessed by the prosecutor.
This lecture covers two separate but critical topics. The first is eyewitness identification and the other is entrapment. Mistaken eyewitness identification is the leading cause of wrongful convictions, and this course will address topics such as Due Process and the Right To Counsel. Entrapment is concerned with excessive police action that can oppress individuals, and it is concerned with fairness in the criminal justice system. As such, we will address topics such as the original, objective and subjective tests of entrapment, and proof of disposition.
This course is about police interrogation of criminal suspects and their admissions and confessions. This lecture is about more than the 1966 Miranda case and its four warnings, repeated endlessly on TV cop shows.
The Sixth Amendment guarantees criminal defendants a number of trial rights, including an impartial local jury and the right to subpoena witnesses. But most important is the right to counsel.
This course is about arrests and investigative, or Terry, stops. Unlike in popular media where arrests are often violent, in reality most arrests rarely involve any violence. Nevertheless, arrests pose the threat of physical harm to the officer, the arrestee, and bystanders. This course also deals with hot pursuit, automobile, and other kinds of warrantless searches and seizures. Modern society and modern policing makes warrantless searches and seizures necessary. Because they are not authorized by a prior judicial warrant, special justification is needed to insure warrantless searches do not give police unchecked power. Most warrantless searches and seizures are justified by an emergency, or an exigency. This course will define the types of exigency searches and seizures and other warrantless searches and seizures and how they are justified.
This course covers five essential Fourth Amendment doctrines. These are: (1st) the search warrant, (2nd) the expectation of privacy doctrine, also known as the Katz doctrine named after the 1967 case that reoriented and revolutionized Fourth Amendment law, (3rd) the evidentiary standard of probable cause, (4th) the plain view doctrine, and (5th) consent searches, where people voluntarily give up their Fourth Amendment rights.
This course covers remedies for constitutional violations; an overview of the Fourth Amendment, also known as the search and seizure amendment; and the Fourth Amendment exclusionary rule, which covers police practices like arrests, automobile stops, and warrantless searches. Students will study the Fourth Amendment with its remedies rather than its substantive aspects. Discussing remedies up front helps us better appreciate the stakes involved in constitutional litigation. Also, the exclusionary rule—the main remedy for Fourth Amendment violations—has been the most controversial Fourth Amendment issue. Understanding the exclusionary rule is essential for understanding the Supreme Court’s Fourth Amendment interpretations.
This lecture reviews four foundations of criminal procedure that help explain Supreme Court decisions: (1st) the context of criminal procedure, including the criminal justice apparatus, the ideologies that infuse the rules with meaning, and the political background that shape judicial decisions; (2nd) Legal fundamentals, including the definition and classification of law, the court system, federalism, and the special role of the United States Supreme Court; (3rd) an overview of the United States Constitution, with an emphasis on its criminal justice provisions; and (4th) the incorporation doctrine, which is how the Bill of Rights came to be applied to state and local government.