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Criminal Procedure –

cja353

(3 credits)

This course explores the basic core knowledge of constitutional criminal procedure. Emphasis is placed on the Fourth, Fifth and Sixth Amendments, searches and seizures, interrogations and confessions, identifications, pre-trial and trial processes. In addition, the United States Constitution as interpreted by the U.S. Supreme Court is examined along with philosophical policy considerations. Application of core knowledge is developed through simulation exercises and examination of homeland security issues.
This undergraduate-level course is 5 weeks. To enroll, speak with an Enrollment Advisor.
  • The Trial Process

    • Discuss the selection of a fair and unbiased jury.
    • Analyze constitutional trial rights.
    • Discuss the steps in a jury trial.
  • Pretrial Procedures

    • Discuss prosecutorial misconduct.
    • Analyze the prosecutor’s duty to disclose exculpatory information.
    • Explore the right to a preliminary examination and the role of the grand jury.
    • Discuss pretrial detention and the concept of bail.
    • Explain the pretrial process.
  • Interrogation and Identification

    • Distinguish Fifth and Sixth Amendment rights during interrogation and identification procedures
    • Examine eyewitness identification procedures.
    • Explore the Miranda decision.
    • Discuss the concept of self-incrimination.

  • The Fourth Amendment and the Exclusionary Rule

    • Identify the costs and benefits of the Exclusionary Rule.

    • Examine alternative remedies to the Exclusionary Rule.

    • Discuss exceptions to the Exclusionary Rule.

    • Analyze the rationale and purpose of the Exclusionary Rule.

    • Explore the common law background of the Fourth Amendment.

  • Right to Counsel

    • Explore the right to self-representation.

    • Identify when the right to counsel attaches.

    • Analyze the development of the right to counsel.

    • Define the role of lawyers in the criminal justice system.

  • Essential Fourth Amendment Concepts

    • Understand border and regulatory searches.
    • Explore the concept of “Stop and Frisk”.

    • Re-examine automobile search rules.

    • Discuss exceptions to warrant requirements.

    • Analyze the requirement that search and arrest warrants be based on probable cause.

    • Examine the expectation of privacy.

    • Define Search, Seizure, Arrest, and Reasonableness.

  • Introduction to Criminal Procedure

    • Examine the competing Due Process and Crime Control Models of the criminal justice system and their impact on Criminal Procedure.
    • Analyze the applicability of The Bill of Rights to the states via the Fourteenth Amendment.

    • Discuss the Fourteenth Amendment of the United States Constitution. 
    • Review Fourth, Fifth, and Sixth Amendments of the United States Constitution.

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