Case study
|
||
Week 1
|
Federal and State judicial systems
|
|
Week 2
|
The U.S. Supreme Court power of Judicial Review
Diagrams: How Cases Reach the Supreme Court Reaching the Supreme Court: - Writ of Appeal - Writ of Certiorari - Writ of Habeas Corpus |
Marbury v. Madison (1803)
|
Week 3
|
Criminal Procedure
The Fourteenth Amendment (1868)
Incorporation of the Bill of Rights
The due process clause
Selective incorporation (Palko v. Connecticut (1937))
The Fourth Amendment:
The Exclusionary Rule (The Fruit of the Poisonous
Tree Doctrine) and the exceptions to the exclusionary rule:
Plain View / Search incident to a lawful arrest /
Exigent Circumstances / Stop and Frisk Searches / Consent
|
Georgia v. Randolph (2006) (to be distinguished from
U.S. v. Matlock (1974))
|
Week 4
|
Warrantless seizure of a passenger in a car
The Fourth Amendment: Protection against unreasonable searches and
seizures
Definition of a
“search”
Probable cause
/ reasonable suspicion
|
Brendlin v. California (2007)
|
Week 5
|
The Miranda Rights ê Amendments 5 and 6
The Fifth Amendment:
(Indictment by a grand jury in cases of ‘infamous
crimes’)
Protection
against Double-Jeopardy
Protection
against Self-Incrimination
(Right to due process of law)
(The Just Compensation Clause)
The Sixth Amendment:
Right to a speedy and public trial
Right to trial by an impartial jury
Right to be informed of the nature of the charges
The Confrontation clause: the right of the accused to cross-examine witnesses and to subpoena his / her own witnesses. Assistance of Counsel |
Berghuis v. Thompkins (2010)
|
Week 6
|
Pre-trial procedure:
Distinction between misdemeanors and felonies
Distinction between an indictment and an information
The Role of the Prosecutor
The Role of the Grand Jury
The Initial Appearance (arraignment)
The Preliminary Hearing:
Probable Cause / The Rule of Evidence
Plea Bargaining
The Pre-trial motions:
Motion to dismiss / Motion to suppress / Motion for
discovery
|
Eddings v. Oklahoma (1982)
|
Week 7
|
Trial Stages:
Reading of the Indictment / of the Information
Opening Statements
Witnesses for the Prosecution
Motion for a judgment of acquittal
Questioning of the Accused (and the Fifth Amendment)
Witnesses for the Defence
Rebuttal
Motion for a redirect verdict
Instructions
Closing arguments of the parties
Amendment 8: Focus on the “Cruel and Unusual Punishment” Clause.
|
Kennedy v. Louisiana (2008)
|
Week 8
|
In-Class Exam
|
vendredi 14 novembre 2014
Tabulated report of the points and cases studied between week 1 and week 7
Inscription à :
Publier les commentaires (Atom)
Aucun commentaire:
Enregistrer un commentaire