Criminal Law and Policy

Race and the Law

Discussion – 2 hours. This course will examine major cases, statutes, and events in the law, both on the books and in action, dealing with nonwhites. The course will include discussion of the situation of African Americans, Asians, Indigenous People, and Latinx People, from the Colonial era to the present. In addition to examining legal doctrine and policy, it will explore how the contemporary United States has been shaped by racial discrimination.

Comparative Criminal Justice

Seminar - 3 hours. This seminar explores the ways political units in different countries attempt to maintain social order and advance criminal justice. Students examine the people, policies, and institutions responsible for adjudicating alleged criminal law violations around the globe. They also learn about how rules of professional responsibility and legal ethics guide the behavior of the institutional actors who participate in these criminal processes.

White Collar Investigations and Prosecutions

This course is for students with knowledge of basic criminal procedure, and are interested in further developing their legal skills while focusing on issues related to white-collar crime. The course will involve a real-world case involving bribery and other financially motivated crimes.  At the initiation of the case, the students will learn how to establish probable cause through cooperative witnesses to utilize the most universal tool in all criminal investigations: the search warrant.

Advanced Aoki Criminal Justice Practicum

Students who completed one semester of the Criminal Justice Practicum will work on claims of innocence, wrongful conviction, and other miscarriages of justice. Students will draft papers for prosecutors' offices, will make formal internal presentations, and possibly appear in court.

Graduation Requirements: May satisfy the Advanced Writing Requirement OR count towards the Professional Skills Requirement, student must choose one.
Final Assessment: Other (Briefs, motions, memoranda)
Grading Mode:  Letter Grading

Advanced Criminal Procedure

Discussion  - 3 hours. This course examines a range of issues, including bail, charging decisions, preliminary hearings, discovery, statute of limitations, venue, joinder and severance, pleas, plea bargaining, assistance of counsel, trial, double jeopardy, sentencing, appeal and collateral remedies. This course will have a short essay assignment, midterm exam, and a final exam.

Final Assessment: Exam

Appellate Advocacy I (Moot Court)

Basic appellate practice and procedure. Beginning instruction in oral advocacy skills and an opportunity to practice these skills in front of a moot court. Students compete in four rounds of oral arguments which, combined with the second semester of the program, determine the rankings for selecting participants in the annual Neumiller Competition and other interschool competition teams and for membership on the Moot Court Board. Both courses 410A and 410B must be taken in order to qualify for most interschool competitions.

Criminal Law

Discussion - 3 hours. This course studies the bases and limits of criminal liability. It covers the constitutional, statutory and case law rules that define, limit and provide defenses to individual liability for the major criminal offenses.

Final Assessment: Exam

Criminal Procedure

Discussion - 3 hours. This course examines the federal constitutional limits on government authority to gather evidence and investigate crime. Topics to be covered include Fourth Amendment limits on search, seizure, and arrest; the Fifth Amendment privilege against self-incrimination; and the Sixth Amendment right to counsel. While the course emphasizes current law and the evolution of Supreme Court doctrine, it also considers related policy questions on the role of police in a democratic society.

Death Penalty Seminar

Seminar - 2 hours. Course offers an overview of the constitutional law governing the death penalty in the United States with an emphasis on Eighth Amendment jurisprudence.

Evidence

Lecture/Discussion - 3 or 4 hours. This course covers rules regarding the admissibility of testimonial and documentary proof during the trial of civil and criminal cases, including rules governing relevancy, hearsay, the examination and impeachment of witnesses, expert opinion, and constitutional and statutory privileges.

The 3-hour version of the course is a faster-paced course that will cover only the Federal Rules of Evidence, and students intending to do trial work in California are advised to take the 4-hour version.