CRIMINAL PROCEDURE I - Law-508-005 Fall, 2006 Professor David Aaronson 8-21-06
COURSE REQUIREMENTS, MATERIALS AND INFORMATION
This is an introductory course in Criminal Procedure that focuses entirely upon issues raised by pretrial law enforcement investigatory practices, the validity of which is measured principally by provisions of the Constitution of the United States, especially certain amendments. The principal topics covered in this course are search and seizure, interrogation and confessions, and the exclusionary rules. We will study and discuss cases primarily decided by the United States Supreme Court, although some lower federal and state court decisions will also be noted.
MATERIALS
Required casebook: Tomkovicz & White, Criminal Procedure: Constitutional Constraints Upon Investigation and Proof (Fifth Edition, 2004) (Lexis Nexis) ISBN #0- 8205-6159-2.
Required Update: Tomkovicz & White, Criminal Procedure: Constitutional Constraints Upon Investigation and Proof: 2006 Update. This Update will be distributed in class without charge with permission of the authors.
Highly Recommended: Joshua Dressler, Understanding Criminal Procedure: Volume I - Investigation (Fourth Edition, 2006), (Lexis Nexis), ISBN #0-8205-6999-2, which is available at the A.U. bookstore.
Students are encouraged to read about criminal investigations as well as issues and controversies relating to the post 9/11 so-called “war on terror” appearing in newspapers, periodicals and on television and the internet, which will provide an opportunity to think about and apply principles, concepts and doctrines discussed in this course.
In addition, I will distribute supplementary materials from time to time and post materials on the class blackboard site. I highly recommend that you purchase a three-ring binder or a file folder in which to place this document and other handouts distributed during the semester. I will not distribute this material at one time, in part, because I am in the process of updating it. Some of the materials distributed in class will be posted on the course blackboard site, including this document. Also, materials will be posted there that will not be distributed in class. Your comments to improve the blackboard site are welcome. Please check the blackboard site from time to time.
SYLLABUS AND ASSIGNMENTS
A detailed syllabus is attached. Please note that this is merely a TENTATIVE and IDEAL course plan. Deviations and changes may be made, which will be announced in class. The reading assignments average approximately 40 pages per class session. Students will be responsible for all assigned material for the final exam whether or not it is covered in class, unless changes to the assignment are announced in class.
ATTENDANCE, PREPARATION, CLASS PARTICIPATION AND GRADING
ATTENDANCE. “Regular and punctual class attendance is necessary” for successful completion of this course as required by the American Bar Association Standards and as set forth in law school published policy. Unexcused absence in excess of 20% of the regularly scheduled classroom sessions will result in Administrative Withdrawal from this course or denial of permission to take the final exam. If you are unable to attend class, please inform me in a timely manner. If a student arrives late for or leaves early from class without adequate justification provided to the professor that day or earlier, that student automatically will be marked absent. Be sure to sign the sign-in sheet prior to the start of each class.
PREPARATION. Students are expected to attend all classes having read and briefed all materials assigned, including cases, notes, questions and problems. When an assignment includes pages on which there are notes, questions, and problems, you are expected to read, note, think about, and attempt to answer those notes, questions and problems. There will not be time in class to cover all assigned cases and problems. It is essential that you work through the problems which raise issues similar to those you will encounter on the final examination. If a student “on call” is called upon to discuss any assigned materials, and that student has not advised the professor before class of a legitimate reason why that student is not prepared, the student automatically will be marked absent. Any student, whether or not “on call” may be called upon to discuss any assigned materials.
GRADING. Your grade will be based primarily on your performance on the final examination. The final examination will be closed book. In the recent past, I have given two types of final exams: an exam consisting of objective-type and essay (short-answer) questions and an entirely objective-type exam. I permit students to explain their answers to objective questions, if they feel that it is necessary to provide an explanation or qualification for an answer (i.e. if a student believes that the question is ambiguous or cannot be answered without qualification). If I give an entirely objective-type exam, I will give you a practice exam in class.
The final examination will account for at least 90% of your grade. The other 10% will be determined by your attendance, class participation and, if you elect to participate, completion of one (or both) of the voluntary experiential learning projects discussed below. Thus, your grade may be raised one step for outstanding class participation, which may include participation in one (or both) of the voluntary experiential learning opportunities.
A “tip” about the final exam, your grade, and class preparation: It is your instructor’s experience that students who are disappointed about their performance on the final exam often did not appreciate the importance of the factual settings to the holdings of many of the U.S. Supreme Court decisions. These decisions, taken together, and supplemented by statutes, comprise a code of criminal procedure that governs pretrial law enforcement investigatory practices. Briefing cases or other careful preparation will help you identify critical facts upon which the holdings are based and enable you to distinguish situations involving different factual settings.
OPTIONAL, EXTRA-CREDIT, EXPERIENTIAL LEARNING OPPORTUNITIES
Students are urged during the semester to do either a police ride-a-long or to attend a hearing on a pre-trial motion to suppress evidence in a criminal case in a court of general jurisdiction. A memo not to exceed five (5) pages must be submitted about your experience. The memo must include - unless it is not available - information on the dates, times, places and parties involved: e.g. name of case, case identification, courtroom, judge, prosecutor and defense attorney, if a suppression hearing, and jurisdiction, date, time of ride, name of police officer(s), district or geographic area in which the ride occurred, if a police ride-a-long. The memo should describe: (1) what you observed and your evaluation; (2) whether the time you spent involved useful learning and what insights, if any, you gained about the functioning of the criminal justice process; (3) any unanswered questions; and (4) any suggestions or recommendations.
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(1) POLICE RIDE-A-LONG. Police ride-a-longs are offered to the general public, especially law students, at most, if not all, Washington, D.C. area police departments and in many other police departments. In the District of Columbia, the program has been administered by the Community Relations Division of the police department, although students informally have been able to arrange rides directly through the district police stations. Advance registration procedures and waiver forms are usually required. Students should dress casually. Women students are usually encouraged to wear slacks/pants. Students are encouraged to engage the police officer(s) in conversation and ask questions. If police officers are approached in a friendly, interested way, they often they enjoy the opportunity to talk about their work with law students. Students who elect to do a police ride-a-long must do so for at least one-half of a shift (4 hours). Sometimes, students are required to wait at the district station for awhile for a patrol car to pick them up, especially in the middle of a shift. Occasionally, students will be permitted to attend a police “roll call” at the beginning of the shift. Make sure that you bring with you an extra copy of your registration and waiver forms in the event that they get misplaced.
(2) SUPPRESSION HEARING. Pre-trial motions to suppress evidence are routinely filed, and hearings are held on these motions in contested, serious criminal cases in courts of general jurisdiction in the District of Columbia, Maryland, and Virginia. Information can be often be obtained from the clerk’s office (criminal division) located in the various courts of general jurisdiction, if they are not too busy. Sometimes this information can be obtained on line. Copies of pre-trial motions to suppress evidence are on file in the criminal clerk’s office and should be available for your inspection and copying (at your expense), since they are considered public records. On the day of trial, sometimes these records are assigned to the judge trying the case, and the judges’ law clerks may be helpful in providing access to them. Students who elect to attend a suppression hearing for additional credit must attend at least one full suppression hearing (and obtain copies of the pre-trial motion(s) involved and, if possible, speak with the prosecutor and defense attorney as to their goals, strategy and tactics, etc). The most difficult problem often is identifying in advance when and where a suppression hearing will occur. Also, sometimes scheduled hearings are postponed. In the District of Columbia, the District of Columbia Superior Court and the United States District Court are located within a block or two of each other, so there are more judges and opportunities available. Fridays are often not a good day to locate a suppression hearing.
Students may complete this voluntary experiential learning assignment at any time during the semester. Memos must be submitted at or before the final exam. Please attach to your memo a copy of your registration documents, if a police ride-a-long, and other pertinent documents you may obtain (such as Miranda warning cards, police rules and regulations, etc.) and the pre-trial motions, etc., if a suppression hearing.
If you are unable or not interested in fully participating in an experiential learning project, you are still strongly encouraged to do some type of police ride-a-long or attend a suppression hearing. If so, I would be interested to receive a brief comment on what you did and what, if anything, you learned from the experience. I reserve the right to grant some additional credit for this activity.
COURSE REGISTRATION REQUIREMENTS
I have four registration requirements. Requirements 3 & 4 will help me to learn your names, provide some background information about you and will assist me in getting to know as many of you as possible. You should complete these requirements the first week of classes. Please do the following:
(1) first class: print and sign your name on my official class roster (a yellow pad);
(2) second class: print your name clearly on the seating chart;
(3) permit me to take a Polaroid photo of you. Print your name clearly with a special pen at the bottom of the photo (see below for “opting out” procedure);
(4) provide general background information on a 5 x 7 index card, as follows:
1. your name at top of card (printed) and telephone numbers where you can be reached and your e-mail address;
2. Degrees you have received, schools attended and your major(s) or area pf
concentration(s);
3. your year in law school; if you are a joint degree student, which program?
4. whether you are a full-time or a part-time student;
5. the jurisdiction(s) in which you plan to take the bar exam (if you are not sure, I indicate likely choice(s);
6. at this point, what do you plan or wish to do with your J.D. degree;
7. any law-related work experience;
8. any undergraduate, graduate or law courses, personal experiences, special knowledge, contact with family members and friends, that may relate to a criminal procedure course.
9. any other pertinent background information.
You may use both sides of the index card, if needed.
“Opting out” procedure. If, for any reason, you do not want me to take your photo, you may opt-out of this requirement so long as you provide me a signed and dated note to this effect during the first week of class. Also, at your request, your photograph will be returned to you at the end of the semester.
OFFICE HOURS, TELEPHONE NUMBER, AND E-MAIL ADDRESS
1. office: Room 410.
2. telephone number: (202) 274-4201.
3. e-mail address: .
4. office hours: (1) Tuesdays and most Thursdays for at least one hour after each class either in our classroom or at my office. Often, I will still be in my office after the 8:00 p.m. - 9:50 p.m. classes end; (2) Wednesday afternoons, 2:00-3:00 p.m. Other times by appointment.
Please feel free to see me in class, telephone or e-mail me to arrange an appointment, if the above times are not convenient. I welcome student visits and usually enjoy the opportunity to meet with you to discuss any aspect of this course.
If, for any reason, you are missing classes and/or having difficulty with this course, I urge you to meet with me early in the semester. Do not wait until the end of the semester to come to see me. I will attempt to respond in a timely manner to your e-mail and telephone messages.
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