Criminal Procedure: Adjudication
This course deals with problems in the administration of criminal justice, with emphasis upon (1) bail; (2) prosecutorial discretion; (3) the grand jury (the requirement of an indictment; the grand jury as a shield); (4) the preliminary hearing (when required; as a screening process); (5) location of the prosecution (venue); (6) the scope of the prosecution (joinder and severance of offenses; joinder and severance of defendants); (7) the right to speedy trial and to speedy disposition at other steps in the criminal process; (8) coerced, induced, and negotiated guilty pleas (negotiated pleas; the kept bargain, the broken bargain, and the unrealized expectation; professional responsibility, the role of prosecutor and defense counsel; receiving the defendant's plea, plea withdrawal); (9) notice, discovery, and disclosure (notice through pleadings; pretrial discovery; the prosecutor's constitutional duty to disclose); (10) trial by jury (jury selection; deliberations and verdict); (11) appeals.
Sequence and Prerequisites: None. Students may take one or both Criminal Procedure courses; enrollment may be separate or concurrent.
Evaluation: Final administered exam.