Course Descriptions

Fall 2011 Criminal Law Class Descriptions

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Constitutional Law II (Miranda Oshige McGowan, Michael D. Ramsey)
LWPP525

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

This courses covers the Fourteenth Amendment's equal protection and due process clauses. Specific topics include race discrimination (including school desegregation and affirmative action), gender discrimination, discrimination against gays and lesbians, voting rights, privacy (including abortion, sexual freedom, and the right to die), and property. A final exam is required. Prerequisite: Constitutional Law I

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)

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 (Laura M. Berend)
LWVL515

4 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Lawyering Skills II
Recommended Class(es): Criminal Procedure II

This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system. Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II or equivalent experience at the discretion of the instructor. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Berend for information on deadlines and additional registration materials. The clinic is graded on a 4-tier Pass-Fail basis.

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 (Laura M. Berend)
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Law, Criminal Procedure I, Lawyering Skills II
Recommended Class(es): Criminal Procedure II

This is a clinical course that places students with a prosecuting or defending trial agency in the criminal justice system. Criminal Clinic I has a two-hour per week classroom component that provides simulations, lectures and discussions in the most common areas of criminal practice. Prerequisites: Evidence, Criminal Law, Criminal Procedure I, and Lawyering Skills II. Recommended but not required: Criminal Procedure II. Important Note: Criminal Clinic has a different registration deadline. Please contact Professor Berend for information on deadlines and additional registration materials. The clinic is graded on a 4-tier Pass-Fail basis.

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 (Donald A. Dripps)
LWCR520

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

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.

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

Criminal Procedure I (Hon. Richard Huffman)
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).

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 (Kevin Cole)
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. Twenty percent of the final grade will be based on students’ responses to in-class questions using I-Clicker technology. The law school will provide an I-Clicker to each student free of charge if the device is returned in acceptable condition at the end of the semester; otherwise, a fee of $40 will be assessed. Additional information on loaner distribution will be forthcoming. If you miss a class, you will not be able to earn points for the questions asked that day; however, students will have their four lowest-scoring classes disregarded in computing their grade, which will provide a cushion for students who must miss some classes. The final exam will be completely closed book and will consist of some “objective” and some essay questions.

Note: This is a required course for the Civil Litigation (JD) and Criminal Litigation (JD) concentrations.
Additional Information: I-Clicker

Evidence (Michael Devitt)
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.

Interviewing & Counseling (Theresa J. Player)
LWLP535

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

This course provides advanced training in the skills of client interviewing and counseling. The first part of the course is devoted to learning the specific micro-skills that make up effective interviewing through readings, demonstrations and role-plays. The second- part focuses on the counseling dimension of lawyer-client relationships. In addition to classroom preparation and activities, students will interview actual clients in various locales, including the USD Legal Clinic, the San Diego County Law Library Clinic, and several senior citizen centers. Ethical issues unique to interviewing and counseling are emphasized. Lawyering Skills II or Practicum is highly recommended, but not required. Enrollment is limited; attendance at first class meeting is mandatory. The course is graded on a 4-tier Pass-Fail basis.

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