Criminal Procedure (wykład) - 2018/2019

Course description
General information
Lecturer:dr Delaine Swenson prof. KUL
Organising unit:Faculty of Law, Canon Law and Administration - Instytut Prawa
Number of hours (week/semester): 2/30
ECTS code:00000-0201-0200WYK0098
Language of instruction:English
Course objective
Prerequisites
COURSE TYPE AND PREREQUISITES: elective course for III, IV, V year students of law, administration, European studies, intermediate level of English. 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.
TEACHING TECHNIQUES: Socratic method, brain storm, small groups, cases, discussion.
Learning outcomes
Teaching method
Course content description
SUBJECTS:
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

Confessions

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
Required reading list
MANDATORY READING:
Required reading list: Obligatory reading materials are distributed during the course of the class. Reading includes cases from the United States Supreme Court.
ADDITIONAL READING:
n/a
Field of study: Law
Course listing in the Schedule of Courses:
Year/semester:Year IV - Semester 7
Number of ECTS credits: 6
Form of assessment: Grade
Year/semester:Year V - Semester 9
Number of ECTS credits: 6
Form of assessment: Grade