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Advanced study in the commencement of formal proceedings, the adversary system, and trial. Topics include decision whether to prosecute; grand jury; preliminary hearing; discovery and the Brady doctrine; constitutionally based proof requirements; speedy trial; joinder and severance; coerced, induced, and negotiated guilty pleas; jury trial; public trial; counsel and self-representation; sentencing; double jeopardy; direct appeal and federal habeas corpus.
Textbooks and Other Materials
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Saltzburg and Capra, American Criminal Procedure (West, 9th ed. 2010); the 2012 Supplement; and photocopied “Criminal Procedure II Problems.”
First Class Readings
Casebook pages 857-884.
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