Course Descriptions

Fall 2013 Criminal Law Class Descriptions

Agency Internships (John Sansone)
LWVL596

1-3 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)

The Agency Internship Program consists of a work component and a class component. The Agency Internship Program allows students to earn academic credit for working in a law related internship position. Students work a minimum of 60 hours per unit of credit and may receive 1-3 credits. For the work component, students intern with a government agency or a nonprofit organization. During the school year, the internship employer must be in the civil field or criminal appellate law field. Students participate in primarily on-line class sessions involving small group discussions, prepare weekly summaries of their work and complete a writing assignment. If you have been accepted into an internship placement and want to apply for the internship course, fill out the Internship application. If you have any other questions, email Lizzette Herrera Castellanos, Director of Agency Internship Programs or call(619) 260-2342. The internship is graded on a Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the JD concentration web pages for more information. Contact Law Student Affairs to find out if your Agency Internship qualifies for a concentration.
Additional Information: JD Concentrations Web Page, Email Law Student Affairs

Corrections & Sentencing (Alex Landon)
LWCR510

3 credit(s)
Requirement: Writing
Concentration(s): Criminal Law (LLMG)

Covers objectives of sentencing, plea and sentence bargaining, sentencing advocacy, sentencing alternatives, prisoner conditions, prisoners' rights, jail and prison litigation, probation and parole revocation, and extraordinary writs relating to corrections. A research paper will be required.Successful completion of the paper will fulfill the law school’s written work requirement.

Crime: The People, The Process (Laura M. Berend)
LWCR515

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Criminal Law

This course offers a unique opportunity to examine the criminal justice system from the perspectives of a law enforcement officer, a prosecutor, a defense lawyer, a judge, a defendant and a homeless person. There is a class component and two placement components. NOTE: PLEASE PLAN YOUR CLASS SCHEDULE ACCORDINGLY. In class on Wednesdays from 10:30 to 11:45 a.m., you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some additional classes are scheduled on Friday afternoons to introduce you to the Department of the Public Defender, the courthouse, the jail, and law enforcement use of force training. (See current course syllabus on TWEN.) There are two placement requirements. The first involves assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court one afternoon of your choosing each week throughout the semester by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. The second placement requirement involves interviewing and counseling people who are chronically homeless at the Welcome Door Foundation offered by the Pacific Beach United Methodist Church later on in the semester on several Wednesday evenings beginning at 5:30 p.m. Enrollment is limited to ten. This course is graded on a four-tier pass-fail basis. A security clearance by the Department of the Public Defender is required BEFORE the beginning of the semester, and requires about four weeks to complete. The State Bar of California requires completion of or enrollment in evidence and civil procedure before a student can be certified to appear in court.

Criminal Clinic I (Jean Ramirez)
LWVL515

3-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Trial Advocacy/Oral Advocacy Skills (LS II)
Recommended Class(es): Criminal Procedure II

This course focuses on the knowledge and skills required to litigate criminal cases in the trial courts. Students intern with an approved defense or prosecution trial agency in the criminal justice system. Students also meet in class for two hours each week. The class component tracks a fictitious, but realistic, criminal case from arrest through sentencing, but not trial, providing students with an overview of the process. Students participate in simulation exercises at various stages of the case and participate in discussions on relevant topics. Prerequisites may be taken concurrently with the instructor’s permission. Students seeking permission to take one or more prerequisites concurrently must make an appointment to discuss the matter with the course instructor in a face-to-face meeting. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 3 credits-60 hours, 4 credits-120 hours, 5 credits-180 hours, and 6 credits-240 hours.

Note: There are limitations on JD concentration eligibility. Please check the Criminal Litigation Concentration web page for more information.
Additional Information: Criminal Litigation Concentration

Criminal Clinic II (Jean Ramirez)
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Trial Advocacy/Oral Advocacy Skills (LS II)
Recommended Class(es): Criminal Procedure II

Students who have completed Criminal Clinic I, intern with a defense or prosecution trial agency in the criminal justice system. The Criminal Clinic II internship must be materially different than the Criminal Clinic I internship. There is no class component. This variable credit course is graded on a 4-tier Pass-Fail basis. Course credit is based on completion of a minimum number of internship hours: 2 credits-120 hours, 3 credits-180 hours, 4 credits-240 hours, 5 credits-300 hours, 6 credits- 360 hours. (The minimum number of internship hours for course credit differs from that of Criminal Clinic I, because Criminal Clinic I includes a class component.)

Note: There are limitations on JD concentration eligibility. Please check the Criminal Litigation Concentration web page for more information.
Additional Information: Criminal Litigation Concentration

Criminal Procedure I (Hon. Richard Huffman, Donald A. Dripps)
LWCR520

3 credit(s)
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Criminal Law

This course is limited to pre-trial matters, as effected by the fourth, fifth, and sixth amendments. Coverage will include arrest, search and seizure, wiretap, lineups, interrogation, and the exclusionary rules.

Note: This is a required course for the Criminal Litigation Concentration (JD).

Criminal Tax Fraud (Richard Carpenter)
LWTE512

2 credit(s)
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Tax I

This course examines the type of conduct which can trigger the imposition of criminal tax charges. We will review the various Title 26 tax crimes (including tax evasion, tax perjury, failing to file, aiding and assisting), Title 18 tax crimes (including false claims, false statements and conspiracy), and Title 31 tax crimes (including currency reporting requirements). We will also review the various methods of proof used by prosecutors and also discuss the various defenses available, along with federal sentencing guidelines and related civil tax issues.

Note: This is an advanced tax course with priority enrollment for LLM in Taxation students.

Death Penalty (John Cotsirilos)
LWCR530

2 credit(s)
Concentration(s): Criminal Law (LLMG)

This course will involve a written exam at the end of the semester focused to evaluating the student's understanding of case law history and practical application of the California statutory scheme. The course will address the following legal issues: 1) History of the Death Penalty; 2) Present legal parameters for trial of a death penalty case; 3) The law and procedure relating to post-conviction death penalty litigation; 4) Systemic issues such as prosecutorial discretion and budgeting concerns; 5) Policy and ethical dilemmas concerning the Death Penalty, i.e., volunteers, race discrimination, and arbitrariness.

Evidence (Michael Devitt, Maimon Schwarzschild)
LWLP529

4 credit(s)
Concentration(s): Criminal Law (LLMG)

The rules of evidence in judicial tribunals, focusing on the Federal Rules of Evidence and the California Evidence Code are addressed in this course. Also covered are issues relating to: (1) judicial control and administration - functions of judge and jury, judicial notice, burden of proof presumptions, problems of relevancy, circumstantial evidence, and unfair prejudice; and (2) witnesses - competency, privileges, principles of examination and cross-examination, impeachment and support, expert and lay opinion testimony. The hearsay rule and its exceptions, rules relating to writings, real and scientific evidence are also examined.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.

International Criminal Law (David W. Brennan)
LWIC535

3 credit(s)
Requirement: Writing
Concentration(s): Criminal Law (LLMG)

This course will initially address the general nature of international criminal law and the hierarchy of crimes as it relates to individual, state and other responsibilities along with the important concept of universal jurisdiction for certain classes of crimes. The study will then focus on the United States Constitution and our approaches to international criminal law in case law that includes military commissions and court martial processes. The legal rationales for states to exercise of jurisdiction over the person will be examined under the processes of extradition, rendition, deportation and extraterritorial abductions. Considerable attention will be given to the international tribunals that followed World War II and the later ad hoc tribunals that preceded the creation of the Rome Statute (1998) for the International Criminal Court in The Hague with its jurisdiction over the crime of genocide, crimes against humanity, war crimes and crimes of aggression. The course will review some of the major jurisprudence from domestic and international tribunals on the subject of international criminal law as well as decisions from the International Court of Justice. The contemporary issues of piracy, terrorism, genocide, torture & inhumane treatment, drug trafficking, money laundering and human trafficking will cover most of the final segment of the course. A lecture-seminar approach will be used for the classes that will require class participation. The final grade for the class will be based primarily on the submission of an approved-topic paper that will satisfy the writing requirement for graduation.

Trial Advocacy (formerly called Oral Advocacy Skills/LSII) (Linda L. Lane)
LWLP550

3 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)

This is an upper class course focused on the skills of case analysis and oral presentation of those cases to judges and juries on civil or criminal trials. The course also includes developing skills used in the discovery phase of civil cases, especially depositions. The course is specifically designed to expand the skills introduced to the student in Legal Research & Writing. The course methodology combines lectures, demonstrations and individual student performances in small groups with extensive critique and feedback by small group instructors who are experienced practitioners. The course culminates in a mock trial. The course is graded on a 4-tier Pass/Fail basis. The previous name of this course was Oral Advocacy Skills/Lawyering Skills II.


Note: Students may only elect this course or Practicum--Civil to count toward the Civil Litigation Concentration (JD).

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