|Term: Spring Term 2012-13 (2134)|
|Catalog Number: 5047|
|Class Number: 27778|
|Room: LAW 107.|
|Instructor: David J.R. Frakt|
|Credits: 3.0 Credits|
|Priority: Core Course - 2nd Year Priority|
In this course we will examine how the U.S. Supreme Court has attempted to balance the rights of the individual to be free from governmental interference with the needs of society to deter, detect and investigate crime. We will focus on how the Fourth, Fifth and Sixth amendments place limits on police conduct in the pretrial investigative process, how those limits have been applied to the states by "incorporation" through the Fourteenth Amendment due process clause, and how these constitutional rights are enforced in the criminal trial process through the exclusionary rule. Specific topics include search and seizure law, interrogation law, pretrial identification procedures and right to counsel in the pretrial process. In each class, as we examine and debate the policy issues in the key Supreme Court decisions regarding criminal procedure, a rotating panel of nine students will be required to assume the role of the individual Supreme Court justices on the bench at the time the decision was rendered. Students will be forced to articulate and defend the views of the justice they represent, regardless of their personal views.
Participation in these Supreme Court panels will count for 20% of the final grade, with the remaining 80% based on the final essay exam.