Criminal Procedure II covers the main pretrial stages of criminal proceedings in felony cases, from pre-arrest to trial: prosecution decision whether to prosecute; bail and other forms of pretrial release; preliminary hearings; indicting and investigating grand jury proceedings; joinder and severance of defendants and offenses for trial; speedy trial, prompt commencement of proceedings, prompt trial statutes and rules; pretrial discovery; prosecution disclosure and preservation of exculpatory evidence; defense obligations not to conceal inculpatory evidence; and guilty pleas proceedings, including plea bargaining. The course deals with more "practical" procedure than Criminal Procedure I; the constitutional provisions and appellate decisions.The class is conducted predominately through role-play simulations, but also uses more traditional case analysis (mainly U.S. Supreme Court cases) and problem solving. In the simulations, students are assigned to conduct hearings, argue motions, etc., serving as judges, attorneys and witnesses. Some of the students not assigned to perform the simulation are assigned to write on the problem.
|T 6:00-7:15 PM||Barrack 205|
|Th 7:30-8:45 PM||Barrack 205|
This course can fulfill the Serial writing requirement or the Experiential (Professional Skills) requirement, but not both.
You must have completed the following courses before enrolling in this course:
- LAW 0410 (Criminal Law I)
All students must purchase the Carlson text, and must have EITHER Kamisar Modern Criminal Procedure 14th Ed. (hard bound) OR Kamisar Advanced Criminal Procedure, 14th Ed. (paper bound). If you have Kamisar Basic Criminal Procedure, 14th Ed., you should purchase Kamisar Advanced Criminal Procedure, 14 Ed. (paper bound).