725 Introduction to Criminal Procedure, Spring 2017

Categories: Criminal Law

Section 001, Introduction to Criminal Procedure - Kempinen, Ben

Course Page for Spring 2017 - Kempinen, Ben

Introductory survey of the criminal justice process with emphasis on appropriate controls on the discretion of system actors (a) trial judge - sentencing, (b) police - arrest or cite, (c) prosecution - the charging decision, and (d) allocation of decision-making authority between defendant and defense counsel. Students examine how human discretion rather than statutes or rules dominate the various systems which comprise the criminal justice process.

Learning Outcomes: By the end of this course, students will have:
1. A foundational understanding of the operation of the criminal justice system, from the discovery of crime to the apprehension, conviction, and punishment of adjudicated offenders.
2. Familiarity with the roles of police, prosecutors, defense lawyers, judges, and correctional officials, and with the types of discretionary decisions each actor is called upon to make when handling a criminal case.
3. Knowledge of the primary sources of law relevant to the operation of the criminal justice system at each major decision point, and of the primary sources of informal guidance available to system actors as they discharge their discretionary duties.
4. Understanding of the legal options available to the primary system actors at each stage of criminal proceedings.
5. Awareness of collateral concerns that attend criminal prosecution, including the long-term effects of conviction, along with the challenges of confronting racial disparities in the criminal justice system.
6. Appreciation for the unintended consequences of formal rules and the limitations of traditional arrest, prosecution, and conviction in efforts to advance justice and public safety.
7. Sensitivity to the complexity of evaluating the fairness and effectiveness of governmental approaches to crime, and the need for such evaluation.
8. Awareness of approaches to public safety that emphasize problem-solving and crime prevention over formal the invocation of government authority over offenders after crimes have been committed

Recent Offerings of this course by this instructor

Section 002, Introduction to Criminal Procedure - Klingele, Cecelia

Course Page for Spring 2017 - Klingele, Cecelia

This course provides an introductory survey of the criminal justice process from the commission of crime through the completion of correctional supervision. It highlights the sources of law governing each stage in the process, and emphasizes the role of discretion in decisions related to policing, prosecution, sentencing, and corrections.

By the end of this course, students should be able to:

• Identify the steps in a criminal prosecution, both prior to and following the commencement of a formal criminal action.

• Recite the basic governing principles that guide police in searches, seizures, and interrogations, and that govern the disclosure of discovery documents by prosecutors.

• Possess a basic understanding of the criminal and civil ramifications of criminal conviction.

• Understand the role of the lawyer at each stage of a case, from pre-charge interrogation through correctional supervision.

• Identify and know how to utilize multiple sources of legal guidance relevant to criminal cases, including Constitutional principles, administrative rules, ABA Standards, ethics rules, and local rules and policies.

• Define and understand what discretion means and how it is exercised throughout the adjudication of a criminal case.

Recent Offerings of this course by this instructor

Section 003, Introduction to Criminal Procedure - Findley, Keith

Course Page for Spring 2017 - Findley, Keith

Introductory survey of the criminal justice process with emphasis on appropriate controls on the discretion of system actors (a) trial judge - sentencing, (b) police - arrest or cite, (c) prosecution - the charging decision, and (d) allocation of decision-making authority between defendant and defense counsel. Students examine how human discretion rather than statutes or rules dominate the various systems which comprise the criminal justice process.

Recent Offerings of this course by this instructor