Barry Friedman

Courses

• 1L Reading Group: The Borders of Law Enforcement

  In the conventional account of American criminal law, states define crimes; localities enforce criminal laws; and the federal government steps in when crimes cross state lines. But reality defies this paradigm. Increasingly, law enforcement is crossing state lines, or threatening to. This trend is particularly salient in debates about criminalization in one state of abortions performed in another. But concerns about the reach of the criminal code extend to everything from marijuana, gambling, and alcohol to immigration regulation and cybercrime. This reading group will explore the structure of the American legal enforcement system, with a particular focus on recent developments that have undermined the traditional borders of law enforcement and expanded state capacity. Topics covered include the rise and fall of drug prohibition, extraterritorial criminal laws (including efforts to police abortion across state lines), and cross-jurisdictional surveillance (such as license plate readers and fusion centers).

• Criminal Procedure: Fourth and Fifth Amendments

  This course covers the first half of the criminal process, focusing on police investigation of crimes, together with police practices on the street, police use of surveillance technologies, and police practices more generally. Much of the relevant law has been constitutionalized; thus, the primary focus of the course is on the Fourth and Fifth Amendments. The topics emphasize the law of search and seizure, interrogation of suspects by the police, and underlying policy issues.

• Criminal Procedure: Police Practices (for 1Ls)

  This course studies how the police and other government agencies “police” society and investigate crimes. It deals with fundamental issues concerning the relationship between the state and the individual, and raises critical concerns about surveillance, force, racial justice, and basic civil liberties. Topics include police stops, frisks, searches, uses of force, electronic surveillance, and police questioning and interrogation. Much of the relevant law has been constitutionalized; thus, the primary focus of the course is on the Fourth and Fifth Amendments, although we also will pay attention to state constitutions and some relevant statutory law. This course is essential starting ground for anyone interested in practicing in the criminal justice space, be it direct services or law reform, but will be of interest to anyone concerned about some of the paramount issues of the day: data mining and DNA collection, the war on terror and wiretapping surveillance, the war on drugs, racial profiling, pandemic contract-tracing, and the like.

• Furman Scholars Seminar

  Seminar for Furman Scholars Program