Criminal Law & Procedure

6360 Criminal Procedure (3 or 4)   Cheh, Kerr, Lerner, Saltzburg

Comprehensive presentation of major issues in criminal process, with emphasis on Supreme Court cases interpreting the Constitution. The course proceeds through the criminal justice system, from first police contact, search interrogation, and other investigation, through the prosecution, preliminary proceedings, and trial. Problems of federalism, the exclusionary rule, and sentencing. (Examination)

6362   Adjudicatory Criminal Procedure (2 or 3)   R. Fairfax, Hauch

Constitutional and statutory regulation of the criminal adjudication process. How the Constitution and the Federal Rules of Criminal Procedure govern various stages of the criminal process. Bail and detention pending trial; the prosecutor’s decision to charge; grand jury procedures; right to a speedy trial, to a jury trial, other trial rights; discovery; plea bargaining; double jeopardy; sentencing; appeals; and collateral remedies. (Examination)

6363   Role of the Federal Prosecutor (2)   Creighton, Goelman, Hoffinger, Wheatley

Exploration of the responsibilities and powers of the federal prosecutor. The effect of legal, ethical, policy, and practical considerations on the prosecutor’s decision making throughout various stages of the criminal justice system. The potentially competing interests of federal, state, and foreign jurisdictions in investigation and prosecution of criminal activity. Enrollment is limited and includes students from other area law schools. (Take-home examination or research paper)

6364   White Collar Crime (2 or 3)   Eliason

Definition, investigation, prosecution, defense, and punishment of federal white collar crime and the characteristics and issues that distinguish white collar crime from other kinds of criminal activity. Examination of the primary federal white collar offenses, including mail and wire fraud, conspiracy, bribery, perjury, obstruction of justice, money laundering, and RICO. Federal grand jury investigations, corporate criminal liability, plea bargaining and immunity, and sentencing under the federal sentencing guidelines. (Examination)

6365   Criminal Tax Litigation (2)   C. Smith

Legal, evidentiary, and procedural challenges presented in the prosecution of criminal tax cases. Selected topics may include U.S. Code Title 26; Bank Secrecy Act of 1986; Title III of the USA PATRIOT Act; provisions of the Sarbanes–Oxley Corporate Fraud and Accountability Act of 2002; and Title 18, including sections 371 (Conspiracy), 1956 (money laundering), and 641 (theft of government property relating to identity theft). Practices and procedures of the Internal Revenue Service and the Tax Division of the Department of Justice; the protections of the Fourth and Fifth Amendments; federal grand jury practice; foreign evidence compulsion procedures; motions practice; identity theft; terrorism financing cases; and parallel criminal and civil tax proceedings. (Examination)

6369   Computer Crime (1, 2, or 3)   Kerr

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition, investigation, and prosecution of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, encryption, online under-cover operations, the Fourth Amendment in cyberspace, the law of Internet surveillance, laws governing access to e-mail, and federal–state relations and international cooperation in the enforcement of computer crime laws. (Examination)

6370   Forensic Science (2)   Melson, Starrs

Designed to acquaint the student with the operations of a modern crime laboratory and the courtroom acceptability of testimony of forensic scientists and other evidence on laboratory test results. Identification of individuals (fingerprints, palmprints, footprints, voiceprints, anthropological reconstruction, hair identification, and serology), identification of objects (ballistics, handwriting, typewriting, fiber identification, paints, varnishes, glass, wood, and paper), toxicology, pathology, forensic use of the microscope and the camera, the coroner and the medical examiner systems, and drug law enforcement. Crime laboratory guest lecturers. (Examination or research paper with permission of the instructor)

6372   Drugs and the Law (2)   Meyers

A study of federal and state laws controlling illicit drugs, including the historical evolution of these laws, current offenses and penalties, constitutional limits on the criminal sanction, enforcement practices, and sentencing considerations. Alternative models for controlling drugs, including decriminalization and legalization also will be studied. Several class sessions will be devoted to mock criminal trials where students conduct direct and cross-examination of guest expert witnesses in the field. Students are graded on the basis of their involvement as advocates in the mock hearings or on the basis of research papers submitted to the instructor on a topic involving drugs and the law. (Skills or research paper)

6374   Federal Sentencing Seminar (2)

Federal sentencing law and policy, with an emphasis on recent Supreme Court decisions. Purposes of punishment, guideline and non-guideline sentencing, judicial and prosecutorial discretion, plea bargaining, constitutional limitations, business crime, white collar versus violent crime, and alternative sanctions. (Research paper)

6376   Prisoners Project (1, 2, or 3)   Turley

Open to second- and third-year students. A clinical project concerned with the legal status of older prisoners (55 years or older). The project works for the release of high-cost, low-risk prisoners into stable environments. Students work on either individual cases or research. Case workers interview prisoners to evaluate and prepare cases for pardon, parole, or possible habeas appeals. Research projects will cover subjects ranging from overcrowding to health care to risk assessment. Some legislative work also is possible. Students may enroll concurrently in this course and Law 6633 only with permission of both instructors. This course is graded on a CR/NC basis. (Skills)

6379   Criminal Law and Procedure Seminar (2)   Braman, R. Fairfax, Canan, Enzinna, George, Maher

Selected topics in criminal law and procedure to be announced at the time of registration. Enrollment is limited. (Research paper)

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