Criminal Procedure (wykład) - 2018/2019
dr Delaine Swenson prof. KUL
Faculty of Law, Canon Law and Administration - Instytut Prawa
Number of hours (week/semester):
Language of instruction:
OBJECTIVES: This class introduces students to Criminal Procedure in the State Courts of the United States with a focus on the constitutional protections given to someone accused of a crime. Among the rights that will be focused on are: right to be free from illegal searches and arrests, right to a fair trial, right to a jury trial, right to counsel, right to confront witnesses and the right to a fair punishment.
COURSE TYPE AND PREREQUISITES: elective course for III, IV, V year students of law, administration, European studies, intermediate level of English.
K_W03 Knows and understands legal terminology in the field of particular areas of law
K_W04 Has basic knowledge of the sources of law in the field of specific areas of law and the hierarchy of legal norms. He knows the general principles of creating law and application (legislative process, binding force, unconstitutionality, invalidity of a legal transaction)
K_W05 Knows and understands the principles of the interpretation of law
K_W06 Knows the basic features and functions of the basic areas of law and understands the principles of their functioning. He has knowledge about entities involved in legal relations specific to particular fields
K_W11 Has knowledge about legal norms that organize legal structures and institutions and the rules that govern them. In this area, he identifies the development directions of specific areas of law
K_W12 Has knowledge ordered in the field of procedural standards and understands the process of their application (including administrative, criminal, civil)
K_U02 Is able to use the basic theoretical knowledge in the field of various areas of law in order to analyze and interpret specific legal, economic and social processes and phenomena
K_U03 Has the ability to use legal concepts to understand and analyze legal phenomena
K_U10 Has the ability to use the acquired knowledge in various fields and forms to solve dilemmas appearing in professional work, in particular critical analysis of the effectiveness and usefulness of the applied knowledge
TEACHING TECHNIQUES: Socratic method, brain storm, small groups, cases, discussion.
Course content description
Class 1: Introduction and Overview of the Criminal process in the United States.
Remedies for rights violations: The Exclusionary Rule and “Fruit of the Poisonous Tree” Doctrines.
Reading: United States v. Leon; Katz v. United States; Rakas v. Illinois
Fourth Amendment Protections: Search and Seizure - The Warrant Requirement
Reading: Illinois v. Caballes; Groh v. Ramierz; United States v. Leon.
Fourth Amendment Protections: Exceptions to the Warrant Requirement
Reading: Chimel v. California; Thornton v. United States, Schneckloth v. Bustamonte; Georgia v. Randolf.
Fourth Amendment Protections: Arrest, Pre-Trial Detention
Reading: Terry v. Ohio; Brigham City, Utah v. Stuart et al; Hiibel v. Sixth Judicial District Court of Nevada
Reading: Schneckloth v. Bustamonte; Miranda v. Arizona; United States v. Patane
Right to Counsel
Reading: Gideon v. Wainwright; Booker v. Washington; United States v. Gonzales-Lopez; Wiggens v. Smith; Rothghery v. Gillispie Country, Texas.
Pre-Trial Issues: Identification; Speedy Trial; Disclosure
Reading: Manson v. Braithwaite; Zedner v. United States; United States v. Nobels.
Pre-Trial Issues: Insanity; Double Jeopardy
Reading: Mcaughten Case; Clark v. Arizona; United States v. Lara; Sell v. United States.
Trail: Right to Fair Trial; Trial by Jury; Right to Confront Witnesses; Burden of Proof
Reading: Blakely v. Washington; Crawford v. Washington; Giles v. California
Guilty Pleas and Plea Bargaining
Reading: Brady v. United States; North Carolina v. Alford.
Sentencing and Punishment
Reading: Ewing v. California; Lockyer v. Andrade; Smith v. Doe; Atkins v. Virginia; Proper v. Simmons; Kennedy v. Louisiana; Baze v. Kentucky Department of Corrections.
Appeal of Criminal Cases
Forms of assessment
Students will be evaluated based on classroom participation and a written exam at the end of class done in the American legal exam style involving both short answer questions and a fact pattern where the students will be required to apply the I.R.A.C. method of legal reasoning. 20% of grade will be class attendance and participation, 80% based on the final exam. Final exam will be evaluated on student\'s ability to identify issues, rules raised by the questions, provide legal analysis and conclusions. Correct identification of all issues and rules as well as complete analysis would be a 5, Identification of most Issues and Rules and a good analysis would be a 4, identification of some issues and rules and passing analysis would be a 3.
Required reading list
Required reading list: Obligatory reading materials are distributed during the course of the class. Reading includes cases from the United States Supreme Court.
Criminal Procedure, 3rd Edition, Chemerinsky, Levin, Aspen Casebook Series, Wolters Klüver, 2018
Field of study: Law
Course listing in the Schedule of Courses:
Year IV - Semester 7
Number of ECTS credits: 6
Form of assessment: Grade
Year V - Semester 9
Number of ECTS credits: 6
Form of assessment: Grade