This course addresses the law, strategy, and ethical considerations of criminal procedure and litigation beginning with a prosecutor's decision to commence an investigation and/or charge though sentencing. Topics to be explored will include: the prosecutorial decision to charge; defense representation (e.g., conflicts, compensation); grand jury practice and privileges; immunity and plea negotiating; discovery; pretrial motions practice; prosecutorial and defense misconduct; selected trial issues; and sentencing. Materials for this course will be handed out and include court opinions, pleadings from actual cases, Department of Justice/FBI manuals and policies, and general news and law articles. Materials will be organized in two volumes — one will be cases, legal articles and manuals. The other will be actual pleadings and other material (e.g., transcripts) from actual cases. The course is taught as a hybrid between a seminar and lecture style (partially depending on enrollment) and the course ends with an exam based on a case hypothetical. In fall 2008 the course will be taught around a real case where actual pleadings and court rulings are used to discuss the law, strategy and ethics of practicing criminal law as both a prosecutor and defense attorney. While the case is a white collar case, the issues are applicable to criminal practice in general. In a quasi-lecture setting, we go over issues ranging from how prosecutors decide to open investigations to some trial tips for complex cases. The materials are all provided. The course ends with an exam based on a case hypothetical.
Section Offerings for 2012-13
There are no offered sections in 2012-13. Please choose a different year.