vendredi 14 novembre 2014

Tabulated report of the points and cases studied between week 1 and week 7


            


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

Aucun commentaire:

Enregistrer un commentaire