This elective course is recommended as an adjunct to Criminal Procedure: The Investigative Process. Whereas Criminal Procedure: The Investigative Process focuses on constitutional criminal procedure with primary emphasis on Fourth, Fifth, and Sixth Amendment issues, this course will provide an in-depth examination of procedural problems in criminal litigation. Topics covered may include right to counsel at trial, on appeal, and in collateral proceedings; the right to court-appointed experts, transcripts, and other aids; the plea-bargaining process; discovery obligations in general and reciprocal discovery in criminal cases; notice requirements for the insanity and alibi defenses; joinder and severance of counts and defendants; trial rights such as right to jury trial, right to speedy trial, peremptory challenges and the challenge for cause, the right to jury instructions on elements of the crime, defenses and theory of the case, etc.; proof issues such as burden of production and persuasion; and ethical issues in the prosecution and defense of criminal cases. It is suggested that this course be taken by those students intending to pursue a career in criminal litigation, either as a prosecutor or as a defense attorney.
Upper-level course for: