COURSE DESCRIPTION

COURSE OBJECTIVES

Upon completion of this course, the student should be able to:

• Understand the nature of criminal process as a legal framework that consists of rules designed to ensure proper and fair enforcement of substantive criminal law and adjudication of criminal cases.
• Understand distinctly different models of criminal proceedings in different societies and legal traditions.
• Discuss the roles of the police, the prosecutor, the judge, criminal defense attorney, and other key actor in criminal process.
• Identify the differences in the processing of felony and misdemeanor cases, and discuss the steps and procedures in the accusatory process, and understand the various stages in the conduct of a criminal trial.
• Understand the nature of sentencing process and functions of the appellate review.

COURSE EMPHASIS

As a critical thinking emphasis course, Criminal Law I will employ simplified versions of two methods - case analysis and "focused dialogue" - commonly used in law schools to train and improve thinking skills of students. They are being exposed to challenges of defending their reasoning and required to make sense of every decision they reach. They are taught to avoid the common mistake of jumping hastily to a conclusion based on limited number of facts and form the opinion that can stand critical review.

METHOD OF EVALUATION

Students are strongly encouraged to prepare and make an oral presentation based on critical analysis of a case or issue relevant to the field of study. Successful presentation has the potential to significantly boost the grade (up to 10% of the maximum score.

Students are expected to take all tests at the regularly scheduled time. If a student cannot do so, he/she should inform the professor before the test. If the reason for being absent is valid, the student will be given the opportunity to take a make-up test. Because of the difficulty of developing a second test, make-up test will consist entirely of essay questions. Students who miss test without informing the professor beforehand will not be permitted to make up the test unless they can provide proof of having had to leave the campus unexpectedly for a hospital stay or serious family emergency.

Students in this class will be expected to adhere to the University regulations on absence from class. Students are advised to keep in mind that four absences may result in an automatic failure in the course, and that three tardy arrivals will be counted as one absence.

Students are reminded that they must adhere to the standards of academic ethics of the University. These include standards of honesty for such activities as submitting assignments and essays, taking tests and examinations and doing project assignments.

REQUIRED TEXT

The U.S. Constitution

The Constitution--An Enduring Document

Questions and Answers About the Constitution

Sources and Hierarchy of Law

Creating the Federal Judicial System

Understanding the Federal Courts

 OVERVIEW OF CRIMINAL PROCEDURE

The Nature of Criminal Procedure

History of Criminal Procedure

Steps in Criminal Procedure