This course will focus on cases as the method of teaching, as common law relies heavily
upon the case law developed by the Supreme Court of the United States, and other courts. We will examine concepts of protections provided to people under the 4th, 5th and 6th Amendments, with special discussions also addressing the 14th Amendment, to the Constitution of the United States.
Reading the abbreviated “Nutshell” version of a text will help you as we follow the continuing development of standards used in applying these protections by the courts. As they have changed over time, and are continuing to change, we will look at some old cases, and will study some of the most recent cases, and discuss the directions that the majority and minority views on the Court are appearing to urge.
History of the Constitutional Protections
Protections from the Federal Government
Historical origins of protections of citizens from the State governments
14th Amendment—history and ramifications
Total incorporation rejected
Free-standing 14th Amendment rights
Protections during the investigative phase.
4th Amendment Rights
Warrantless searches and seizures
Does the 4th Amendment apply?
What is a search?
What is a seizure?
Search incident to arrest
Place to be searched
Execution of the warrant
Time and manner of search
Scope of the search
Custodial statements and the Miranda rule
The Miranda rule
What is custodial
What is interrogation
What is a waiver
DNA/bodily fluids/fingerprints/ and so forth
Protections during the trial phase
Right to Bail
5th Amendment Right not to be tried unless Indicted
Right to Counsel
Stages of the process
Effective assistance of counsel
Right to Speedy Trial
Statutory right vs. Constitutional Right
Right to Trial by Jury or Court
14th Amendment Equal Protection
5th & 14th Amendment Due Process
1st Amendment rights of the press and public vs. 6th Amendment rights
5th Amendment Right against self incrimination
Right to discovery
Duties under discovery rules
Criminal Rules—Notice of Alibi
5th Amendment Rights against Double Jeopardy
Federal versus State
Allied Offenses of Similar Import
2nd Amendment rights
8th Amendment rights
Discussion of historical perspectives
Conversations with a trial judge.
A limited part of the course will be designed to allow students an opportunity to discuss in English pretrial and trial issues with a sitting judge. Students will be given an opportunity ask questions and discuss topics of their choosing.