Study

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may submit a 30-page research paper and earn an additional one credit for the course. This paper is in addition to all the other course requirements, including the written assignments, but may be related to your case study presentation.

The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement. You must email Professor Gordon or McCoy by the end of the Registration Period and after enrolling in 242 Social Justice Lawyering if you would like to seek this additional credit; there are very limited spots, which will be awarded on a first-come, first-served basis.

This readings course will address the law of questioning in the criminal justice process. We will consider the impact of various rules about interrogations and testimony on suspects, witnesses, police, prosecutors, and factfinders. Topics will include liability for dishonest statements, the mistakes made by fact witnesses, true and false confessions, cross examination, impeachment, and the evidentiary status of lie detection technologies.

Readings will be posted on Canvas and may consist of excerpts from law review articles and scholarly books, works of social science, news items and investigative reporting, documentary footage, editorial commentary, and popular culture. Although we will review the relevant legal doctrines (criminal offenses involving dishonesty, the Fifth Amendment privilege, the Confrontation Clause), the rules about questioning witnesses serve as a starting point for interesting discussions rather than an endpoint. The primary purpose of the course is to explore different genres of reading and writing, share thoughts and insights, and receive feedback on your analysis and expression.

After the first week, students will be responsible for leading the discussion in each class. Students will also complete a series of writing assignments. The course is designed to accommodate students with a general interest in the subject matter as well as students who wish to develop a research agenda in criminal law and procedure. Accordingly, students may elect to take the course for one credit and write short papers in three different assigned genres or take the course for two credits (with the addition of Law 547W Writing Credit) and complete one sustained research project.