Study

An examination of the distribution of and limitations upon governmental authority under the Constitution of the United States. Included are study of the doctrine of judicial review of legislative and executive action, the powers of Congress and the President, the limitations on state governmental powers resulting from the existence or exercise of congressional power, and judicial protection against the exercise of governmental power in violation of rights, liberties, privileges, or immunities conferred by the Constitution.

A study of the basic rules of criminal procedure, beginning with the institution of formal proceedings. Subjects to be covered include prosecutorial discretion, the preliminary hearing, the grand jury, criminal discovery, guilty pleas and plea bargaining, jury selection, pretrial publicity, double jeopardy, the right to counsel, and professional ethics in criminal cases.

This course in advanced constitutional law is a study of the legal limitations on criminal investigative practices contained in the Fourth, Fifth, and Sixth Amendments. Topics include search and seizure, arrest, the exclusionary rule, electronic surveillance, the privilege against self-incrimination, interrogation, confessions, and the right to counsel.

Criminal Justice Ethics (2 Credit Seminar) focuses on the professional and ethical laws governing attorneys in the criminal justice system. The course focuses on issues affecting both prosecutors and defense attorneys and the applicable rules of professional conduct. The course will work to deepen students’ understanding of the role and responsibilities of criminal justice attorneys in society. This is a specialized ethics course with a focus on lawyers working in the criminal justice system, as such our focus will not cover the Rules of Professional Conduct in their entirety. The class is discussion-based. The primary methods of assessment will be three (3), two-page reflection papers throughout the semester and a final 15-page research and/or analytical paper.

The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.