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. This course is available as part of a degree or certificate program. To enroll, speak with an Enrollment Representative.

Introduction to Criminal Procedure

  • Review Fourth, Fifth, and Sixth Amendments of the United States Constitution.
  • Discuss the Fourteenth Amendment of the United States Constitution. 
  • Analyze the applicability of The Bill of Rights to the states via the Fourteenth Amendment.

  • Examine the competing Due Process and Crime Control Models of the criminal justice system and their impact on Criminal Procedure.

Interrogation and Identification

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

Pretrial Procedures

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

The Trial Process

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

The Fourth Amendment and the Exclusionary Rule

  • Explore the common law background of the Fourth Amendment.

  • Analyze the rationale and purpose of the Exclusionary Rule.

  • Discuss exceptions to the Exclusionary Rule.

  • Examine 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.

  • Examine the expectation of privacy.

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

  • Discuss exceptions to warrant requirements.

  • Re-examine automobile search rules.

  • Explore the concept of “Stop and Frisk”.

  • Understand border and regulatory searches.

Right to Counsel

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

  • Identify when the right to counsel attaches.

  • Explore the right to self-representation.

  • Analyze the development of the right to counsel.

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