Schedule of Classes
231 sec. 1 - Criminal Procedure: Investigations (Fall 2009)
Instructor: Jonathan Simon (view instructor's teaching evaluations | profile)
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Units: 5
Meeting Time: MW 11:20-12:30 & Tu 11:20-12:30
Meeting Location: 105;Booth Aud
Course Control Number (Non-1Ls): 49562
Main Section Enrollment:
Enrolled: 42
Waitlisted: 0
Enroll Limit: 181
As of: 11/24 06:43 AM
This course involves close study of the constitutional regulation of criminal investigation by police and other state agents since the middle of the 20th century. We will focus primarily on three forms of investigation: searches and seizures as regulated by the 4th Amendment; interrogations as regulated by the 5th Amendment, and line-ups and other identification procedures as regulated by the 6th Amendment. More briefly we will examine the right to counsel in pre-trial procedures under the 5th and 6th Amendments. The due process clause and equal protection clause of the 14th Amendment also figure in the evolution of these rules. In addition we will study statutory and administrative law that supplements the constitutional governance of criminal investigations. A background theme throughout the course will be how problems in investigations can lead to wrongful convictions, and how criminal procedure rules address that problem. In each area we will also compare US approaches to the governance of investigation in other democratic societies. However due to the considerable recent activity by the Supreme Court in all three areas, the great bulk of our time will be consumed by their case law.
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Exam Notes: TH
Course Category: Criminal Law
Course Subcategories:
Public Law and Policy
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Books:
Required Books are in blue
- Yale Kamisar, Wayne R. LaFave, Jerold H. Israel, Nancy J. King, Orin S. Kerr, - Basic Criminal Procedure - Publisher: West - ISBN: 9780314189882
- Yale Kamisar, Wayne R. Lafave, Jerold H. Israel, Nancy J. King, Orin S. Kerr, - Modern Criminal Procedure, Basic Criminal Procedure and Advanced Criminal Procedure, 11th Edition, 2007 Supplement - Publisher: Thomson West - ISBN: 9780314179913
- Jim Dwyer, Peter Neufeld, Barry Scheck - Actual innocence - Publisher: New York : Doubleday, c2000. - ISBN: 9780385493413
