Criminal Procedure I (all 2nd-year students) (LAW-508-001)
Aaronson
Meets: 06:00 PM - 07:20 PM (TTH) - Room 503
Enrolled: 62 / Limit: 62
Notices
Required 2nd-year JD
Description
CRIMINAL PROCEDURE I - Law-508-001
Textbooks and Other Materials
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First Class Readings
Criminal Procedure I – LAW-508-001 Prof. David Aaronson Fall, 2010 Assignment – First Week Assignments are from casebook and (cb), and from 2010 update (update). The required casebook is: Tomkovicz and White, Criminal Procedure: Constitutional Constraints Upon Investigation and Proof (Sixth Edition, 2008)(LexisNexis) ISBN # 9781422421727; The 2010 Update will be distributed at our first class without charge and is posted on your MyWCL Criminal Procedure I course page under “Course Materials”. First Class: Tuesday, August 24th Introduction: Topic A. Overview of Criminal Justice System and Due Process & Incorporation: cb viii-xvii; update, p. iii (Justices of U.S. Supreme Court); update, 40-42, Appendix A, United States Constitution, Selected Amendments (1791); Topic B. The Sources of and Rationales for the Exclusionary Rule: cb 833-848. Weeks v. United States, 232 U.S. 383 (1914); Mapp v. Ohio, 367 U.S. 643 (1961); Discussion questions: Topic A: 1. Contrast the description of the formal stages of the criminal justice process, pages ix-xiv, with the model of the informal process depicted in the “criminal justice funnel”, pages xvii-xviii. Does the system look more like a so-called “crime control”/inquisitorial model or a so-called “due process”/ adversarial model? Why? 2. What are the roles and choices available to each of the criminal justice actors/participants at these various stages? What legal constraints should be placed on government actors (such as, police and prosecutors) to interfere with the liberty of persons residing in the United States at each stage? How much liberty would you be willing to give up in order to increase the effectiveness of the government in preventing particular crimes or apprehending persons who have violated certain criminal laws? 3. Since 95% or more of all criminal prosecutions occur at the state and local level, what role should be played at the federal level in setting minimum standards of criminal justice for the States and by what authority? Discussion question: Topic B: Should a remedy for the Federal government’s and/or a State or local government’s violation of a defendant=s constitution rights under the Fourth, Fifth or Sixth Amendments be the suppression of the illegally acquired evidence at trial (the so-called “exclusionary rules”) and, if so, by what authority? Suppose, you are representing a defendant: what are the arguments would you make in favor of Exclusionary rules? Suppose, you are representing the Federal or a state government: what are the arguments against Exclusionary rules? It is time for Mapp v. Ohio to be reversed by the U.S. Supreme Court or very limited in its application? Second Class: Thursday, August 26 Threshold of 4th A: What is a Search? Cb pages 3-41. Katz v. United States, 389 U.S. 347 (1967), United States v. White, 401 U.S. 745 (1971), Smith v. Maryland, 442 U.S. 735 (1979); California v. Ciraolo, 476 U.S. 207 (1986); Bond v. United States, 529 U.S. 334 (2000); Kyllo v. United States, 533 U.S. 27 (2001); Problems 1-2, 1-6, 1-8, 1-9 (pp. 42-46).
Syllabus
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Microsoft Word (DOC)