Criminal Procedure II (LAW-628-001)
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Criminal Procedure II (The Adjudication Process) – also called “Bail to Jail” – addresses all of the major federal constitutional issues that arise during criminal adversarial proceedings in the United States – in both the state and federal court systems. This course should be contrasted with Criminal Procedure I (The Investigatory Process), which is primarily concerned with constitutional issues arising from law enforcement officers’ investigations and interactions with suspects (e.g., Fourth Amendment “suppression” issues and Miranda). In Crim Pro II, we will address a wide variety of issues under the Fifth, Sixth, Eighth, and Fourteenth Amendments, as well as the Ex Post Facto Clauses of the Constitution. Although the bulk of the course will focus on trial court proceedings – including pretrial, trial, guilty plea, and sentencing proceedings – we also briefly will cover the appellate process.
Textbooks and Other Materials
Yale Kamisar et al., Modern Criminal Procedure (American Casebook Series, 15th ed., 2019); 2020 supplement not needed (supplemental cases assigned)
First Class Readings
Casebook, pp. 3-16 (“Steps in the Process”) [You may wish to start reading next class’ assignment]
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