Criminal Procedure – cja364 (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, and pretrial 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. This course is available as part of a degree or certificate program. To enroll, speak with an Enrollment Representative.

Interrogation and Identification

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

Pretrial Procedures

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

The Trial Process

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

Right to Counsel

  • Explain the development of the right to counsel.
  • Define the role of lawyers in the criminal justice system.
  • Identify when the right to counsel attaches to criminal procedure.
  • Describe the right to self-representation.

Introduction to Criminal Procedure

  • Describe the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution.
  • Analyze the applicability of the Bill of Rights to the states via the Fourteenth Amendment.
  • Explain the affect of the due process and crime control models on criminal procedure.
  • Describe the competing due process and crime control models.

The Fourth Amendment and the Exclusionary Rule

  • Explain the common law background of the Fourth Amendment.
  • Analyze the rationale and purpose of the exclusionary rule.
  • Identify exceptions to the exclusionary rule.
  • Identify alternative remedies to the exclusionary rule.
  • Identify the costs and benefits of the exclusionary rule.

Essential Fourth Amendment Concepts

  • Define search, seizure, arrest, and reasonableness.
  • Explain the expectation of privacy.
  • Analyze the requirement that search and arrest warrants be based on probable cause.
  • Describe exceptions to warrant requirements.
  • Analyze automobile search rules.
  • Explain the concept of stop and frisk.
  • Analyze border and regulatory searches.

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