PSPA 312.01
THE LAW OF CRIMINAL PROCEDURE
Spring, 2002
|
Dr. Robert Schneider |
Office Hours: |
|
Chair, Dept. PSPA |
1-2 MF |
|
Office 243 Dial |
1-2 TR |
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Phone: 521-6445 |
And by appointment |
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e-mail: robert.schneider@uncp.edu |
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Required Text:
Acker and Brody:
CRIMINAL PROCEDURE: A Contemporary Perspective
Course Description
Criminal Procedure
is that aspect of law which regulates the way in which individuals and
groups of persons, including corporations, may be brought to justice for
engaging in behavior that has been declared unlawful. Criminal procedure
is not to be confused with substantive criminal law which defines human
conduct which is forbidden under penalty of law, such as arson, assault,
homicide, theft, etc. To assist you in comprehending the nature of our
subject matter in this course, keep and remember the definition which follows.
LAW OF CRIMINAL PROCEDURE: Rules by which substantive laws are administered. Procedural law is defined by due process: i.e. those principles which determine the limit on governmental police power and which protect the rights of individuals. The source of "these rules of criminal procedure" are to be found in the federal and state constitutions and in appellate court interpretations of their provisions.
While it is an important area of study, this course will not deal with substantive criminal law or issues related to crime and corrections. Our entire focus will be on procedural due process. It is an important and central feature of our constitutional system that civil liberties (as articulated in the federal Bill of Rights, in state constitutions, and in legislative enactments) are emphasized and protected against the police power of the state. This is by design and intent. Our founders were most suspicious of excessive governmental authority and especially fearful of an unbridled police power. They saw limited constitutional government and the protection of individual rights as essential for liberty. The Bill of Rights in the U.S. Constitution was born of this concern, and it is no accident that the Fourth, Fifth, Sixth, and Eighth Amendments deal exclusively with due process in the administration of justice. The essential principle guiding the American constitutional system is that no person may be deprived of life, liberty, or property without due process of law. Our courts, our legislative bodies, and our citizens continue to debate and refine the basic requirements of due process from one generation to the next, but the American obsession with it never wanes.
This course is designed for pre-law majors, political science and public administration majors, and others who may one day find themselves working in or around the American legal system. It is designed to introduce students to the processes, institutions, and conceptual aspects of American law as it pertains to the critical issue of due process. The course outline below indicates that our semester will explore a wide array of topics pertaining to due process. Arrest, search and seizure, interrogation, confessions, right to counsel, and many other such topics appear. As we examine each topic, and the constitutional foundation of each, we will also be studying some of the important appellate case law which defines appropriate procedure. In so doing, students will learn the basics of legal and constitutional reasoning. We shall also study the institutions and participants which comprise the criminal court system. Thus students will become well versed on court procedures and the work of legal practitioners in the system. As a result of this semester-long study and analysis of the law of criminal procedure, students will have a strong foundation in processes, procedures, and institutions, which comprise the American criminal court system.
This course will place great emphasis on the development of analytical and reasoning skills appropriate for the study of law and for the general comprehension of it. This will benefit not only pre-law students, but all who will one day work in a public institutional capacity. In order to gain the maximum out of this course, and as a minimum expectation, students should do the following:
1. Attend all classes, participate, and ask
questions
2. Complete all readings as assigned for each class
3. Take detailed notes on the readings
4. Study the notes and questions at the end of each
section in text
5. Brief each appellate court case that is read
6. Take complete class notes
7. Review reading and class notes daily
8. Learn to utilize the proper legal and technical
terminology in discussing course materials
9. Form study groups with other students
10. Spend a minimum of 10 hours a week (outside of class) on work
relating to this course.
Follow these ten suggestions, and success will be yours! Have a good semester.
Course Outline
|
Jan. 10 |
Introduction to Course |
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Jan. 15 |
Law of Criminal Procedure Defined |
(pp. 1-30) |
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Jan. 17 |
Constitutional and Institutional Setting |
(pp. 31-56) |
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Jan. 22-24 |
Exclusionary Rule |
(pp. 57-122) |
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Jan. 29-31 |
Search Warrants, Stop and Frisk, Arrest |
(pp. 133-180) |
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Feb. 5-7 |
Exceptions to Warrant Requirements |
(pp. 181-257) |
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Feb. 12 |
EXAM ONE |
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Feb. 14 |
Miranda Warnings |
(pp. 259-283) |
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Feb. 19-21 |
Interrogation and Confessions |
(pp. 284-364) |
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Feb. 26-28 |
Self-Incrimination |
(pp. 364-414) |
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Mar. 4-8 |
SPRING BREAK!!! (yahoo!) |
|
|
Mar. 12-14 |
Eyewitness Identification |
(pp. 414-458) |
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Mar. 19-21 |
Pre-Trial Procedures |
(pp. 459-498) |
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Mar. 26 |
The Prosecution |
(pp. 499-532) |
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Mar. 28 |
EXAM TWO |
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Apr. 2-4 |
The Accused's Right to Counsel |
(pp. 533-592) |
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Apr. 9-11 |
Plea Bargaining |
(pp. 593-612) |
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Apr. 16-18 |
Trial Procedures |
(pp. 613-677) |
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Apr. 22-25 |
Trial Procedures |
(pp. 677-726) |
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May 1 |
Summary and Review |
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May 9 |
FINAL EXAM (10:30-12:30) |
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Exams- There will be three essay and short answer exams in this class. Students should expect to know term definitions, legal concepts, case law, etc. from the readings and class discussions. Clarity, proper usage, and precision in communicating these will count in grading of exam answers. The date for each exam is listed above. Makeups will not be given except in cases of documented emergencies. We will review for exams in class and I will provide specific content for each exam, but you should study throughout the semester rather than wait to cram. (See suggestions above).
Papers- Each student will prepare a report on a legal text selected in conjunction with the professor. In essence, each student will read something written by a criminal lawyer and evaluate it in the context of materials studied in this course and other sources reviewed. Details, and style sheet, will be handed out in class on February 21st .
Paper
Dates:
Assigned Due Date
Feb. 21st April 22th
Class Attendance and Participation- Class attendance is mandatory and participation will be factored into the semester grade. Five points will be awarded for participation. For each un-excused absence, a point will be subtracted from semester point total.
Grades- There will be a 100 point grading system for this
class. These points will be awarded as follows:
|
Exam I |
25 points |
|
Exam II |
25 points |
|
Paper |
20 points |
|
Final Exam (comprehensive) |
25 points |
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Participation |
5 points |
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Total: 100 points |
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Semester point totals will be translated into letter grades as follows:
|
94-100 |
A |
|
90-93 |
A- |
|
87-89 |
B+ |
|
84-86 |
B |
|
80-83 |
B- |
|
77-79 |
C+ |
|
74-76 |
C |
|
70-73 |
C- |
|
60-69 |
D |
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Below 60 |
F |
Call or e-mail- If you must miss class due to illness and wish to be excused, e-mail me or call me on the day of the class. Students having questions, needing advice on assignments, seeking reaction to drafts of written work etc. may feel free to contact me by e-mail.
HAVE A PRODUCTIVE AND FUN SEMESTER!
(Failing that, may you stay awake long enough to pass the course!)
Maintained by Effie Locklear
Updated January 7, 2002
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