Course Details

Criminal Procedure: Theoretical Foundations

This course examines the theoretical foundations of criminal procedure-political, historical, comparative, and above all philosophical. What are the ideas at work in the American system of criminal procedure? How, historically, did the system develop, and why does it presently function as it does? What do alternative systems look like? Is the system broken and, if so, what considerations should orient us in fixing it? What would a normative "theory of criminal procedure" look like? This course will take up these questions with a view toward developing different "big picture," synthetic perspectives on the procedural system. For students thinking about a career in criminal law, this course will equip you with the sort of large-scale thinking that enables lawyers to make arguments that rise above particular points of doctrine. For students interested in looking at the law from a theoretical perspective, this course will develop your ability to read and understand challenging theoretical texts, to write in the same vein, and to engage in academic discussion of the law at a high level of intellectual maturity. Course Particulars: This course is a seminar, with a heavy emphasis on reading, writing, and discussion. Grades will be based on general class participation (20%), presentations and other in-class assignments (20%), and the final paper (60%). I will approve all student requests for multi-draft papers. If you choose the one-draft paper option, the course will qualify for two credits. If you choose the two- or three-draft paper options, the course will qualify for three credits. Whichever option you choose, one of the goals of this course is to help you become a better writer, and in that spirit, we will discuss your final paper one-on-one before you start writing and you will get extensive feedback on it afterward. There are no prerequisites; in particular, an introductory course on constitutional criminal procedure is not required. Students who would like to complete the 2 draft writing requirement and earn one additional credit hour in this course will be able to self-enroll in the associated LAWWRT 602 Section 4 course section (class nbr 18785) during open enrollment August 26-September 25, 2015. Students who would like to complete the 3 draft writing requirement and earn one additional credit hour in this course will be able to self-enroll in the associated LAWWRT 603 Section 4 course section (class nbr 18765) during open enrollment August 26-September 25, 2015.

Catalog Number: CRIM 637


Course History

Fall 2015
Title: Criminal Procedure: Theoretical Foundations
Faculty: Kleinfeld, Joshua (courses | profile)
Section: 1     Credits: 3.0
Capacity: 25     Actual: 20

Fall 2014
Title: Criminal Procedure: Theoretical Foundations
Faculty: Kleinfeld, Joshua (courses | profile)
Section: 1     Credits: 3.0
Capacity: 25     Actual: 10