LAWS 613 - Criminal Adjudication

Credits: 3

This course examines the major procedural stages of a criminal prosecution from both a theoretical and practical perspective. At any given stage students should pay particular attention to the respective roles, objectives, and strategies of the judge, prosecutor, and defense counsel, and to the sometimes competing legitimate interests of law enforcement and criminal defendants. Principal topics to be covered include: • the decision to charge and the issuance of complaints • initial appearance • bail and pretrial release and detention • the probable cause hearing • grand jury, indictment, and information • joinder • criminal discovery • guilty pleas and plea bargaining • speedy trial rights and provisions • jurisdiction and venue • civil forfeiture • double jeopardy • criminal trials and pretrial motions • sentencing, the death penalty, appeal, and post-conviction remedies (particularly habeas corpus). (Sentencing is also studied in greater depth in Sentencing and Correctional Law, to be given in spring 2012.) This course is taught primarily from a nationwide perspective, but as time allows, we may also make reference to practice under the South Carolina law where this state's procedure varies significantly from other jurisdictions. For students who are contemplating either prosecuting or defending criminal cases in their future careers, this course, in combination with courses in Criminal Procedure under the 4th , 5th , and 6th Amendments (sometimes mistakenly called "Constitutional Criminal Procedure," because a solid understanding of constitutional requirements is equally vital to both courses) and Sentencing and Correctional Law, provides a comprehensive nine-credit upper level study of criminal practice. However none of these courses is a prerequisite for the others, and any of these courses may be taken by any student regardless of future career interests.

Basis of Grade: Final exam

Form of Grade: Letter

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