Criminal Procedure

Sociology 4162 02

Spring 2005

Samaha/Herriges

  Office Hours Telephone e-mail
Samaha
635 SST T 11:15-12 (or call 952.933.5645 anytime)

612.624.3529 (during office hour);

952.933.5645 (other times)

jbs@umn.edu
Herriges
1080 SST TTh 1-2 612.207.1768 herr0222@umn.edu

 

Online Syllabus :

http://www.soc.umn.edu/~samaha/courses/4162_05sp/05sp_02_syllabus.htm

Course Requirements in Brief

Course Requirements in Detail

Readings

Read all assignments before coming to class. The required text is: Samaha, Criminal Procedure, 6th edition. Earlier editions won’t work.

Class participation

Prepare to discuss the cases and other stuff in parentheses in the Class Schedule (over). I strongly recommend that you participate in class discussions. Why? Active participation can help your grade. But, it can do more. Participating by talking (not just listening) sharpens your understanding of concepts and their application. Students often tell me, “I understand this stuff, I just can’t put it into words.” One of my best law professors told us, “If you can’t put what you understand into good sixth-grade English, you don’t understand; you just think you do.” Also, participation makes class time go faster and more enjoyably. Finally, participating in class doesn’t just help you; it enriches the whole class (and me too). The success of the class depends on your participation.

Exams

Part A (20 points) covers reading assignments in the text not discussed in class. Closed book and no notes. Short definitions, identifications, and explanations. No multiple choice or True/False.

Part B (80 points) Analysis of cases and other items in parentheses on the Class Schedule (below). Only cases we’ve actually discuss in class will be included. Format: Closed book; you can use your notes. Essay type.

Exams are not cumulative.

Make-up exams

You have to take exams at the scheduled time, unless you provide written proof of illness, death in the family, observance of religious holidays, participation in athletic events or other official University functions (See attached). The time of make-up Exams 1-12 is at the total discretion of Joe Herriges. There's no makeup exam for Exam 13. There are no exceptions to these rules.

Grades

Grades start with your presumptive grade (a straight percent of your total points on the quizzes and exams). The presumptive grades are:

A = 95-100%; A- = 90-94%

B+ = 87-89%; B = 83-86%; B- = 80-82%

C+ = 77-79; C = 73-76%; C- = 70-72%

D+ = 67-69; D = 60-66%

F = less than 60%

If your presumptive grade is near a borderline, I may raise it to the next highest grade under one or more of the following conditions: your exam scores improve, outstanding attendance, information provided by Joe Herriges to me about your work, and you’ve contributed to class discussions. The lowest score on exams 1-12 will be dropped. Please be aware that it’s rare to move from A- to an A; a little less rare to move from B+ to A- and then it gets progressively easier as you move down the grading scale.

Class Schedule

January 24. The Criminal Procedure Roadmap. Chapter 1.

January 31. Searches and Seizures. Chapter 3 to page 69. (Katz v. U.S., Exploring Expectation of Privacy Further, 1-2). Exam 1

February 7. Searches and Seizures. Chapter 3, Chapter 3, 69-end. (U.S. v. White; Kyllo v. U.S. California v. Greenwood) Exam 2

February 14. Chapter 4 to 118. (Terry v. Ohio; Illinois v. Wardlow, make sure you pay careful attention to Justice Stevens’ dissent). Exam 3

February 21. Stops and Frisks. Chapter 4, 118-134. (U.S. v. Weaver; Maryland v. Wilson, pay careful attention to Justice Stevens and Kennedy’s dissent). Exam 4

February 28. Stops and Frisks. Chapter 4 134 to end. (U.S. v. Montoya de Hernandez; Michigan v. Sitz) Exam 5

March 7. Seizures of Persons: Arrest. Chapter 5. (Draper v. U.S.; Graham v. Connor; Atwater v. City of Lago Vista). Exam 6

March 14.SPRING BREAK. Have fun or whatever, but remember we’ll be talking about searches when you come back.

March 21. Searches for Evidence. Chapter 6 to 212. (Wilson v. Arkansas; Chimel v. California; New York v. Belton). Exam 7

March 28. Searches for Evidence. Chapter 6 to end (Schneckcloth v. Bustamonte; U.S. v. Rodney; Illinois v. Rodriguez). Exam 8

April 4. Special Needs Searches. Chapter 7. (S.D. v. Opperman; Mary Beth G. v. City of Chicago; Commonwealth v. Neilson) Exam 9

April 11. Police Interrogation and Confessions. Chapter 8. (Miranda v. Arizona; Colorado v. Connelly; State v. Bowe). Exam 10

April 18. Identification Procedures. Chapter 9. (Manson v. Brathwaite; Commonwealth v. Johnson). Exam 11

April 25. Remedies for Constitutional Violations. Exclusionary Rule, Chapter 10; Other Remedies, Chapter 11 (Pinder v. Johnson). Exam 12

May 2. Is there a wartime exception to the Bill of Rights? Samaha Chapter 15. (Rasul v. Bush) Exam 13