Criminal Procedure – 6085
NOTE: Versions of this course taught before Fall 2015 appear on transcripts as LAW 6218.
This course explores the key Supreme Court cases interpreting the 4th, 5th, and 6th Amendments that form our constitutional criminal procedure law. Addressing the cases that define the boundary between the individual and the state, we focus on the issues of search and seizure, stop and frisk, the right against self-incrimination, involuntary confessions, and the right to counsel. Time permitting, additional topics may be covered, including line-ups and the role of defense counsel and prosecutors in an adversarial system. To bring our study into the 21st Century, we will consider these cases in light of three important progressions the Supreme Court is perhaps belatedly but slowly acknowledging: the steady transformation of our adversarial process into an inquisitorial one focused on guilty pleas; the rapid rise in technology that has exponentially increased the possibilities for criminal law violation and detection; and the explosion of social science literature that informs the fundamentally human processes and interactions at the heart of encounters between citizens and police officers.