Course Description:
This course is based on the in-depth examination of legal doctrine and judicial reasoning presented through appellate court opinions. This course focuses primarily on the federal constitutional issues that arise in the adjudication process. These issues range from right to counsel, pretrial release and detention, discretion in the prosecutorial charging decision, double jeopardy, joinder, discovery, speedy trial, plea bargaining, the jury trial right, jury selection, the right to confrontation, the burden of proof, sentencing, and appeals. We will discuss how these topics impact attorneys practicing criminal law and the policy concerns that drive our approaches to criminal procedure.
Santa Clara Law offers two courses relating to criminal investigations. Criminal Procedure: Investigation is related to Criminal Procedure: Adjudication, but neither course is a prerequisite for the other. Students may take both Criminal Procedure: Investigation and Criminal Procedure: Adjudication.