Details

This course addresses various issues related to criminal procedure and the criminal process, and it frequently analyzes them through the lens of the modern complex federal criminal case. Modern criminal organizations present unique challenges to the criminal justice system, both in terms of the substantive law that has developed to address organized criminal activity and in terms of the procedures by which persons charged with such criminal misconduct are tried. In part, the course will focus upon both the prosecution of and representation of clients charged with business crimes, including corporate criminal liability. Issues covered during the class include questions relating to grand jury practice, electronic monitoring and investigative techniques, substantive federal law of conspiracy and RICO, evidentiary matters, sentencing, and prosecutorial and judicial discretion. The course will also consider representation issues and plea negotiations. Students who do not necessarily intend to practice criminal law but who intend to represent domestic businesses will benefit from this course. Students will from time to time be called upon in class to advocate the positions of the government and the defense. Prerequisites: Evidence and Criminal Procedure are useful but not required. Evaluation: Final Examination. This is primarily a two credit, final examination course. With permission of the instructors a limited number of students may write a research paper, earning a third credit. Text: Duplicated materials.