Criminal Process examines a variety of procedures governing the prosecution of crime. It covers, in essence, criminal procedure from the time that the police have handed a case over to the lawyers.
Major topics include: prosecutorial charging discretion, judicial screening, the grand jury, discovery, speedy trial, double jeopardy, plea bargaining, jury selection, jury deliberations, sentencing, appeals, and habeas. This class is sometimes known as “Criminal Procedure II” because it picks up chronologically where Criminal Procedure ends. Criminal Procedure, however, is not a prerequisite.
The course is built around a simulation of an actual criminal case that we will work on throughout the semester. Each week we will walk through a different part of the prosecution of the case—from the investigation and arrest to the trial and appeal. Students will serve as prosecutors or defense attorneys, and students will have an opportunity to handle mock court exercises that follow the prosecution of our hypothetical case throughout the semester.
The goal is to give students a good idea of what it is like to practice criminal law. Assignments will include mock courtroom exercises as well as written motions and briefs related to our hypothetical criminal case.