Course Descriptions

Spring 2012 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

4 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Procedure I, Lawyering Skills II or Practicum
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 (Jean Ramirez)
LWVL516

2-6 credit(s)
Requirement: Skills
Concentration(s): Criminal Law (LLMG)
Prerequisite(s): Evidence, Criminal Procedure 1, Lawyering Skills II or Practicum
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 (Albert Alschuler, 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 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 Courts (Steven D. Smith)
LWPP545

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

This course is best described as advanced constitutional law focusing on the power of the federal courts, particularly with respect to the states and the other branches of the federal government. It is essential for anyone planning to clerk for a federal judge, or to perform public interest work in a variety of areas involving constitutional claims or governmental litigants. In practical terms, the materials concern who may bring suit in federal court, against whom, and under what circumstances. Specific topics include interpretation of Article III, justiciability (including standing and the "political question" doctrine), congressional power over the jurisdiction of the federal courts (including the extent to which civil rights suits and "enemy combatants" may be excluded from federal court), the immunities from suit enjoyed by state governments and public officials (such as police officers), and habeas corpus. Those interested may peruse Hart & Wechsler's The Federal Courts and the Federal System for a further indication of course content. Prior completion of, or concurrent enrollment in, Constitutional Law II is very strongly advised. The course materials assume a working knowledge of due process, equal protection, and state actor doctrine.

Note: This course may be applied as one of the three required courses for the Public Interest Law Concentration (JD).

Federal Crimes (Judge William V. Gallo)
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).

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.

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. Top ^
Note: Students may only elect this course or Federal Crimes to count toward the Criminal Litigation Concentration (JD).

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