Course Descriptions

Spring 2013 Criminal Law Class Descriptions

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

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

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 placement component. In class, you will address the legal, procedural, ethical, social, and cultural issues that arise in the course of your field work. Some Friday afternoon sessions 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.) Your field work consists of assisting the Deputy Public Defender in the Felony Arraignment Department of the Superior Court by interviewing and advising defendants charged with felony offenses on a criminal complaint to prepare them for arraignment and a bail hearing. You will choose one afternoon that you will spend in the arraignment court throughout the semester. You will also participate in interviewing and counseling people who are chronically homeless at dinners offered by the Welcome Door Foundation on several Wednesday evenings. Enrollment is limited to ten. This course is graded on a four-tier pass-fail basis. Criminal law is a pre-requisite. A security clearance by the Department of the Public Defender is required by the beginning of the semester. 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 Procedure I, Lawyering Skills II/Oral Adv Skills or Practicum, Criminal Law
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, Application, Registration

Criminal Clinic II (Jean Ramirez)
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Criminal Clinic I, Criminal Clinic I Prerequisites
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, Application, Registration Process

Criminal Procedure I (Kevin Cole)
LWCR520

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

This course explores constitutional limitations upon the investigation of crime under the fourth, fifth, sixth and fourteenth amendments. Its focus is on the law governing searches, seizures, and police interrogation. Topics include the nature of a fourth amendment search; arrest and investigative detention; warrants and exceptions to the warrant requirement; confessions; and the application of the exclusionary rules. This section will be team-taught by Professors Alschuler and Cole. Professor Alschuler will teach the first eight weeks of the class, and Professor Cole will teach the remainder. Each teacher will write and grade that portion of the final exam relevant to the material he covers, with the exception that questions relating to the scope of the exclusionary rules arise throughout the course and hence may be tested on any part of the exam. Professor Cole will use iClicker technology to provide feedback to students, but performance on the iClicker questions will not be factored into the course grade. iClickers will be provided to students at no cost provided that they are returned in good condition at the end of the course. Note: This is a required course for the Criminal Litigation Concentration (JD).

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

Criminal Procedure II (Hon. Richard Huffman)
LWCR525

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

In this advanced criminal procedure class, students will continue the study commenced in Criminal Procedure I, focusing on the processing of a criminal defendant through the criminal justice system. The course will address a number of issues regularly presented in criminal cases, including the charging process, the right to a speedy trial, criminal discovery and disclosure, the right to jury trial, the right to effective assistance of counsel, the right to confrontation and the exercise of the privilege against self incrimination at trial. In addition the course will include discussions of the principles of the right against double jeopardy, and post conviction remedies such as direct appeal and petitions for habeas corpus. The purpose of the course is to develop an understanding of the basic structure of the criminal process in a federal system of government as well as the basic principles underlying the constitutional and procedural protections of the criminal justice system.

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

Evidence (Donald A. Dripps)
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.

Evidence Advocacy Lab (Laura M. Berend)
LWLP530

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

This course is designed to familiarize students with the practical application of evidentiary points addressed in the traditional evidence course. Students focus on one or two evidentiary issues each week using a problem format. Each area of evidence is taught through performance. Each student is assigned as a proponent, opponent, witness and judge and is responsible for performing that role in class each week, and for submitting a short memo identifying the evidentiary issue and presenting the best approach to offering or opposing the evidence in court. The roles rotate each week. There is a new problem assigned each week. By the end of the semester, each student should be comfortably able to determine what it is he or she wished to accomplish in a courtroom with respect to specific evidentiary questions, and be able to structure the most logical, persuasive and trouble-free means to that end. Evidence is a prerequisite. Enrollment is limited to 8 students. The course is graded on a 4-tier Pass/Fail basis.

Federal Crimes (John J. Rice)
LWCR535

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

This course will focus on the unique characteristics of Federal Criminal law. Attention will be paid to the jurisdiction of the Federal Government over criminal law as well as the individual statutes that are employed by Federal prosecutors in prosecuting a wide range of offenses. Federal prosecutions will be considered from the investigative stage, including the use of the grand jury, through the charging, plea-bargaining, trial, sentencing and appellate stages. Special consideration will be given to the increasing role of the Federal Government in prosecuting state and local corruption. This course will be especially beneficial for those students considering a career in criminal law as either prosecutors or criminal defense lawyers.

Note: Students may only elect this course or White Collar Crime to count toward the Criminal Litigation Concentration (JD).

Oral Advocacy Skills (LS II) (Theresa J. Player)
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 Lawyering Skills II.

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

Scientific Evidence (Hon. Howard Shore)
LWCR570

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

This course will address the technical requirements under California law for admissibility of both established and new forms of scientific evidence. Possible topics include fingerprints, serology, odontology, DNA and others. Students will apply the principles of admissibility by participating in realistic foundational hearings in the classroom, and will present papers on specific forms of scientific evidence. Prerequisite: Evidence

White Collar Crime (Jason A. Forge, Eric J. Beste)
LWBC595

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

The course will cover a variety of topics related to the defense and prosecution of "white collar" criminal offenses, with a particular focus on emerging trends in the law arising from recent corporate scandals and prosecutions. The lectures will emphasize strategies for conducting internal investigations of corporations and their officers and directors, as well as tactics used by law enforcement in conducting white collar grand jury investigations and criminal prosecutions. In this regard, the course will be geared towards students interested in pursuing careers as prosecutors or criminal defense attorneys, as well as those who may represent corporate clients generally.
Note: Students may only elect this course or Federal Crimes to count toward the Criminal Litigation Concentration (JD).

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