LS: Pre-Law: Course Syllabus

POS/PLA 373

Constitutional Criminal Procedure

 

 

MWF 11:00-11:50 in Kenan - 323

Instructor:
Judge Richard Poland, Associate Professor of Law.

E-mail: polandrc@flagler.edu

Office Hours:
Monday-Friday 7:30-9:00, or other times by appointment.

Kenan Hall, Room 309. My door is always open to you.

Telephone: 819-6338. Please contact me if you have a problem with an assignment.

Text:
Criminal Procedure, 5th Ed., Samaha, Joel; Wadsworth, 2002.
Additional resources available at: www.flagler.edu/academics/prelaw/index.html

Course Objectives:
The student will learn the general principles of constitutional criminal procedure and how to apply these principles to legal problems. These general principles provide the basis for understanding the U.S. Justice System. This course will emphasize the 4th, 5th, 6th and 8th Constitutional Amendments.

Course Requirements:
Read the text, present case briefs, participate in class, and pass two exams.

Course Outline:
I. Overview of the Criminal Structure and Process
II. Constitutional Provisions of the 4th, 5th, 6th and 8th Amendments.
III. Substantive Remedies for the Criminal Defendant.

Grading:
Forty percent of the grade is for the mid-term exam, 40% is for the final exam, and 20% is for the brief presentation and brief writing assignment. Presentations and briefs are due on the day assigned or a 50% grade reduction will result. If you are sick, get your briefs to me before the class period.
A = 90-100 B = 80-89 C = 70-79 D = 60-69 F = Below 60
I reserve the right to “bump up” borderline grades for outstanding class participation.

Expected Outcomes:
The student will be able to (1) recite the general principles of constitutional criminal procedure, and (2) apply these principles to factual problems utilizing the 4th, 5th, 6th & 8th Amendments.

Attendance:
Attendance is expected and necessary to master course materials. More than 3 unexcused absences will result in a grade reduction. More than 8 absences will result in a WF or a WP. (See Catalog)

Cheating:
Cheating will not be excused or tolerated. Anyone caught cheating will receive an F for the Course. (See Catalog) Your legal briefs should be your own work product and not a collaborative effort.

Methods of Instruction:
The Socratic and case study method will be employed by the instructor. Lecturing will be minimal. Judicial opinions will be required reading. Class discussion and presentations are mandatory for all students.

Statement on Disabilities:
The Office of Services for Students with Disabilities at Flagler College provides information and assistance to students who have disabilities and are in need of special services and reasonable accommodations. Services vary with individual need and include counseling and referrals, classroom accommodations, note-takes, interpreters, readers and some specialized equipment. All students with disabilities that affect their learning are required to contact me during the first week of class.

Course Schedule:
Assignments

Week 1- Introduction to course, discussion of syllabus, and assignment of cases.
Read Chapter 1 and brief Bostick v. State in the lawyer’s format.
Topic: Criminal Procedure - A Question of Balance.

Week 2- Read Chapter 2. Topic: The Criminal Process.

Week 3- Read Chapter 3 and brief cases. Topic: The Constitution and Criminal Procedure.

Week 4- Read Chapter 4 and brief cases. Topic: Searches and Seizures.

Week 5- Read Chapter 5 and brief cases. Topic: Stop and Frisk.

Week 6- Read Chapter 6 and brief cases. Topic: Seizures of Persons - Arrest

Week 7- Read Chapter 7 & 8 and brief cases. Topic: Searches.

Week 8- MID-TERM EXAMINATION

Week 9- Read Chapter 9 and brief cases. Discuss Documentary: I CONFESS.
Topic: Police Interrogation and Confessions.

Week 10- Read Chapter 10 and brief cases. Topic: Identification Procedures.

Week 11- Read Chapter 11 and brief cases. Topic: Constitutional Violations – Exclusionary Rule.

Week 12- Read Chapter 12 and brief cases. Topic: Constitutional Violations – Suing the Government

Week 13- Read Chapter 13 and brief cases. Topic: Starting Court Proceedings.

Week 14- Read Chapters 14 and 15 and brief cases. Topics: Pretrial, Trial, Conviction, Appeal.

Week 15- FINAL EXAM (See Registrar’s Schedule)

 

 

 

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