This course will cover search and seizure, the privilege against self-incrimination, confessions and identification procedures -- in general, the Constitutional cases arising out of the conflict between police practices and the Bill of Rights.
This course examines, through as interdisciplinary approach, the effects race has had and continues to have on the administration of criminal justice in the United States. The course begins by exploring the concept of race from different perspectives: biological; anthropological; sociological; psychological; and legal. The course then examines how these legal constructs shaped the role race played in American culture. The course then delves into how race and the criminal justice system have interacted from historical and contemporary perspectives.
This course will cover in depth the criminal trial process from the initial court appearance: grand jury proceedings, pretrial motions, discovery, trial, pleas, sentencing, appeals, double jeopardy and habeas corpus. Students who have taken LAW 813 Criminal Procedure II may not take this course.
Joinder of claims and parties; discovery; summary judgment; right to jury trial; trials and posttrial motions; res judicata and collateral estoppel.
Nature of damages; nature of specific relief; personal interests; contractual interests; property interests; specific relief and the government.
Judicial interpretation of the Constitution; the federal system; powers of the national government; limitations on the exercise of state powers.
The skills of litigation, including trial advocacy, interviewing and counseling, negotiation and pleading. Lecture, one hour; laboratory, five hours per week.
Protection of individuals and organizations by the Bill of Rights, the fourteenth amendment, and other provisions of the Constitution.
Methods of dispute resolution other than trial; statutory and judicial regulation; presenting a claim in different formats of ADR.
Analysis of the elements of bargaining power; exercises in the negotiating process in various contexts; basic techniques of negotiation; ethical norms of the lawyer-investigator.
